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CONTRACT 4802 On Call Agreement CLOSEDAgreement No. 4802
Agreement No.
AGREEMENT FOR STAFFING SERVICES
BETWEEN
THE CITY OF EL $EGVNDO
AND
MUNITEMPS, a division of GOVERNMENT STAFFING SERVICES, INC.
FIVE YEAR ON -CALL SERVICES
TEMPORARY STAFFING SERVICES
This AGREEMENT is entered into this 31st day of January, 2015, by and between the
CITY OF EL SEGUNDO, a municipal corporation ( "CITY ") and MUNITEMPS, a division of
GOVERNMENT STAFFING SERVICES, INC., a California corporation ( "STAFFING
FIRM ").
1, CONSIDERATION.
A. As partial consideration, STAFFING FIRM agrees to perform the work listed in
the SCOPE OF SERVICES, below;
B. As additional consideration, STAFFING FIRM and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay STAFFING FIRM for
STAFFING FIRM's services an amount not to exceed Twenty -five thousand
dollars ($25,000), unless City Council appropriates amounts above that
amount. CITY may modify this amount as set forth below. Unless otherwise
specified by written amendment to this Agreement, CITY will pay the Bill Rate
per Hour mutually agreed upon by the CITY and STAFFING FIRM, as set forth in
an approved "Temp Staffing Request" form.
2. SCOPE OF SERVICES.
A. STAFFING FIRM will;
Recruit, screen, interview, and assign its employees ( "Assigned
Employees ") to perform the type of work described on a "Temp Staffing
Request" form under CITY's supervision. Any duly executed and
approved Temp Staffing Request fonn will become a part of this
Agreement. A sample of STAFFING FIRM's Temp Staffing Request
form is attached as Exhibit A and is incorporated by reference;
ii. Pay Assigned Employees' wages and provide them with the benefits that
STAFFING FIRM offers to them;
Page 1 of 13
Agreement No. 4802
iii. Pay, withhold, and transmit payroll taxes; provide unemployment
insurance and workers' compensation benefits; and handle unemployment
and workers' 00MFen$AtiQa 910i= inY0lYing A55ipd Egloym5
iv. Prior to assigning any employees to perform any work for CITY,
STAFFING FIRM will identify potential candidates to CITY who are
"Retired Annuitants" from the California Public Employees Retirement
Systems (Ca1PERS).
B. In addition to the Temp Staffing Request form, specific services required of the
Assigned Employee will consist of the tasks and obligations defined in CITY's
Task Order(s). Any duly executed and approved Task Order will become a part of
this Agreement. The standard form for the Task Order is set forth in Exhibit B.
C. Temporary staffing services required by CITY will be provided on an as- needed
basis with CITY determining and advising STAFFING FIRM as to when specific
services are required to be performed or completed by STAFFING FIRM,
D. STAFFING FIRM will, in a professional manner, furnish all of the labor,
technical, administrative, and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of STAFFING FIRM by this Agreement.
3. PAYMENTS.
A. For CITY to pay STAFFING FIRM as specified by this Agreement and as set forth
in each approved Task Order, STAFFING FIRM must submit a detailed invoice to
CITY which lists the hours worked and hourly rates for each personnel category
and reimbursable costs, the tasks performed, the percentage of the task completed
during the billing period, and the cumulative percentage completed for each task.
B. STAFFING FIRM has no obligation to continue performance once any not -to-
exceed sum limitation has been attained. Furthermore, CITY will be responsible
to monitor fees charged in relation to the not -to- exceed sum(s). CITY will either
terminate the assignment or increase the not -to- exceed sum(s) prior to attainment
of the not -to- exceed sum(s) limitation. CITY will be responsible for all charges
for services in the event CITY fails to notify STAFFING FIRM of termination of
the assignment or fails to increase the not -to- exceed sum(s).
C. The maximum not -to- exceed amount for any individual Task Order will be limited
to $10,000.00, to be billed at the agreed upon bill rate and the number of hours
CITY directs STAFFING FIRM's employee to work on each Task Order.
Page 2 of 13
Agreement No. 4802
4. PREVAILING WAGES.
A, Pursuant to Labor Code � 17Z0, glad 45 spwiflgd in 8 Califomia Code of
ltuL;wui►uu., y i uvuv, u i ill I ►ilu ► ►tiLY► i►►cni tn►y i►.1 wLnAl; ►!f p►cvnuli►g wugca
based on the wages listed on Exhibit C. It is STAFFING FIRM'S responsibility to
interpret and implement any prevailing wage requirements and STAFFING FIRM
agrees to pay any penalty or civil damages resulting from a violation of the
prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
hti�_:_��_��w,ciir_�_.i, c�v_hI.SR:1PWI). STAFFING FIRM must post a copy of the
prevailing rate of per diem wages at the job site
C. CITY directs STAFFING FIRM's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by STAFFING FIRM or any
subcontractor. STAFFING FIRM must not provide labor, technical,
administrative, and other personnel to CITY that qualify as tradesmen in any
apprenticeship occupation.
D. Labor Code § 1777.5 requires STAFFING FIRM or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state -wide
or locally, or
iv, When STAFFING FIRM provides evidence that STAFFING FIRM
employs registered apprentices on all of his contracts on an annual average
of not less than one apprentice to eight journeymen.
V. , STAFFING FIRM is required to make contributions to funds established
for the administration of apprenticeship programs if STAFFING FIRM
Page 3 of 13
Agreement No. 4802
employs registered apprentices or journeymen in any apprenticeable trade
on such contracts and if other contractors on the public works site are
makin8 such contributions,
vi,. STAFFING FIRM and any subcontractor must comply with Labor Code
§§ 1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex -officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. STAFFING FIRM and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to each
worker employed in connection with this Agreement. If any of the positions filled
by STAFFING FIRM under this Agreement are subject to the prevailing wage
requirements under the California Labor Code sections referenced in this Section
4, the record will be kept open at all reasonable hours to the inspection of the body
awarding the contract and to the Division of Labor Law Enforcement. if requested
by CITY, STAFFING FIRM must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, STAFFING FIRM agrees that STAFFING FIRM
has
Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iiid Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
6. TERM, .
A. The term of this Agreement will be for a period of five (5) years beginning on the
date of this Agreement, except that the term will be extended to the completion
date of any Task Order in effect at the end of the term of this Agreement.
B. The term of this Agreement and any Task Order may be extended by written
amendment to the Agreement or any Task Order.
C. The time period for STAFFING FIRM'S performance of the services to be
Provided in accordance with the provisions of any Task Order will be as set forth
in the Task Order. When services are requested by CITY, STAFFING FIRM will
Page 4 of 13
Agreement No. 4802
commence the requested services within a three -week notice period at any time
during the term of this Agreement. CITY may terminate this Agreement as stated
in Section 13,
7. COMMENCEMENT OF WORK. STAFFING FIRM will not perform any work for
specific project scopes of work and services under duly executed and approved Task Orders
under this Agreement until:
A. STAFFING FIRM furnishes annual proof of insurance as required under Section
21 of this Agreement; and
B. CITY gives STAFFING FIRM a written notice to proceed,
C. Should STAFFING FIRM begin work on any approved Task Order in advance of
receiving written authorization to proceed, any such professional services are at
STAFFING FIRM's own risk.
8. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, or in any duly executed Task Order, consisting of additions, deletions, or other
revisions, and the contract sum and the contract time will be adjusted accordingly. All such
changes must be authorized in writing, executed by STAFFING FIRM and CITY. The cost or
credit to CITY resulting from changes in the services will be determined in accordance with
written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER, STAFFING FIRM will provide CITY with
a Taxpayer Identification Number.
10. PERMITS AND LICENSES. STAFFING FIRM, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
11. PROJECT COORDINATION AND SUPERVISION.
A. STAFFING FIRM shall provide to CITY one or more workers as requested by
CITY. Such workers shall provide services under CITY's management and
supervision at a facility or in an environment controlled by CITY.
B. Should the STAFFING FIRM'S assigned temporary employee be unable to
complete his /her respective responsibilities on any specific project assignment as
set forth in the Task Order, for any reason, he /she will be replaced by another
qualified person approved by the CITY.
12. WAIVER. CITY's payment for services provided by STAFFING FIRM under this
Agreement will not be construed to operate as a waiver of any rights CITY may have under this
Agreement or of any cause of action arising from STAFFING FIRM's performance. A waiver
by CITY of any breach of any term, covenant, or condition contained in this Agreement will not
Page 5 of 13
Agreement No. 4802
be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or
condition contained in this Agreement, whether of the same or different character.
13. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement, or any
individual Task Order, at any time with or without cause. Notice will be in writing
at least thirty (30) days before the effective termination date.
B, STAFFING FIRM may terminate this Agreement, or any individual Task Order, at
any time with CITY's mutual consent. Notice will be in writing at least thirty (30)
days before the effective termination date.
C, Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, traps, reports and other materials prepared by STAFFING
FIRM will, at CITY's option, become CITY's property, and STAFFING FIRM
will receive compensation for any work satisfactorily completed up to the effective
date of notice of termination, not to exceed the total costs under Section 1(C).
D. Should the Agreement, or any individual Task Order, be terminated pursuant to
this Section, CITY may procure on its own terms services similar to those
terminated,
E, By executing this document, STAFFING FIRM waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed
to be in breach of this Agreement based on a breach that is capable of being cured until it has
received written notice of the breach from the other party. The party charged with breach will
have fifteen (15) days from the date of receiving such notice in which to cure the breach or
otherwise respond, If the circumstances leading to the charge that the Agreement was breached
have not been cured or explained to the satisfaction of the other party within fifteen (15) days
from the date on which the party received notice of breach, the non - breaching party may
terminate this Agreement.
15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by STAFFING FIRM for CITY under this Agreement are
CITY's property. STAFFING FIRM may retain copies of said documents and materials as
desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees
that use of STAFFING FIRM's completed work product, for purposes other than identified in
this Agreement, or use of incomplete work product, is at CITY's own risk.
16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by STAFFING FIRM to any other person
or CITY without CITY's prior written approval. All press releases, including graphic display
Page 6 of 13
Agreement No. 4802
information to be published in newspapers or magazines, will be approved and distributed solely
by CITY, unless otherwise provided by written agreement between the parties.
17. INDEMNIFICATION.
A. STAFFING FIRM agrees to the following-
i. Indemnification for Professional Services. STAFFING FIRM will save
harmless and indemnify, including, without limitation, CITY's
defense costs (including reasonable attorney's fees), from and against
any and all suits, actions, or claims, of any character whatever,
brought for, or on account of, any injuries or damages sustained by
any person or property resulting or arising from any negligent or
wrongful act, error or omission by STAFFING FIRM or any of
STAFFING FIRM's officers, agents, employees, or representatives, in
the performance of this Agreement, except for such loss or damage
arising from CITY's sole negligence or willful misconduct.
ii. Indemnification for other Damages. STAFFING FIRM indemnifies
and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of STAFFING FIRM's breach of this
Agreement, except for such loss or damage arising from CITY's sole
negligence or willful misconduct. Should CITY be named in any suit,
or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of STAFFING
FIRM's breach of this Agreement, STAFFING FIRM will defend
CITY (at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any
sums paid out in settlement or otherwise.
B. CITY agrees to the following:
To the extent permitted by law, CITY will defend, indemnifv 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 any
acts undertaken by STAFFING FIRM employees at the direction of CITY
employees.
C. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
Page 7 of 13
Agreement No. 4802
E. The requirements as to the types and limits of insurance coverage to be
maintained by STAFFING FIRM as required by Section 21, and any approval of
Said insurance by CITY, are not intended to and will not in any manner limit or
quality the liabilities and obligations otherwise assuaged by SlAk1,1NC; r11LM
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
18. ASSIGNABILITY. This Agreement is for STAFFING FIRM's professional services.
STAFFING FIRM's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
19. INDEPENDENT CONTRACTOR. CITY and STAFFING FIRM agree that STAFFING
FIRM will act as an independent contractor and will have control of all work and the manner in
which is it performed. STAFFING FIRM will be free to contract for similar service to be
performed for other employers while under contract with CITY. STAFFING FIRM is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct STAFFING FIRM as to the details of doing the work
or to exercise a measure of control over the work means that STAFFING FIRM will follow the
direction of the CITY as to end results of the work only.
20. AUDIT OF RECORDS. STAFFING FIRM will maintain full and accurate records of all
amounts invoiced to CITY with respect to all services and platters covered under this
Agreement. CITY will have free access at all reasonable times to such records, and the right to
examine and audit the same and to make transcript therefrom, and to inspect all program data,
documents, proceedings and activities. STAFFING FIRM will retain such financial and program
service records for at least four (4) years after termination or final payment under this
Agreement,
21. INSURANCE.
A, Before commencing performance under this Agreement, and at all other times this
Agreement is effective, STAFFING FIRM must procure and maintain the
following types of insurance with coverage limits complying, at a minimum, with
the limits set forth below:
Type of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
$1,000,000
Statutory requirement.
R Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Forrn No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
Page 8 of 13
Agreement No. 4802
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
undo Said illburaiiQv GoyQrage and t0 state that such insurance will be deemed
"primary" such that any other insurance tnat may cc curried ny uir7 win tie
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88. Such insurance will be on an "occurrence," not a "claims made,"
basis and will not be cancelable or subject to reduction except upon thirty (30)
days prior written notice to CITY.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D, Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," STAFFING FIRM will continue to maintain
the insurance in effect for a period of three (3) years after this Agreement expires
or is tenninated ( "extended insurance "). Such extended insurance will have the
satne coverage and limits as the policy that was in effect during the term of this
Agreement, and will cover STAFFING FIRM for all claims made by CITY
arising out of any errors or omissions of STAFFING FIRM.
E. STAFFING FIRM will furnish to CITY duty authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by CITY from time
to time. Insurance must be placed with insurers with a current A.M. Best
Company Rating equivalent to at least a Rating of "A:VII."
R Should STAFFING FIRM, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
STAFFING FIRM's expense and deduct the cost of such insurance from
payments due to STAFFING FIRM under this Agreement or terminate.
22. USE OF SUBCONTRACTORS. STAFFING FIRM must obtain CITY's prior written
approval to use any subcontractor while performing any portion of this Agreement. Such
approval must be of the proposed subcontractor and the terms of compensation. The
subcontractor for any specific project scopes of work and services will be listed in the Task
Order.
23. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
CITY
Human Resources Department
City of El Segundo
350 Main Street
Page 9of13
STAFFING FIRM
MuniTemps -- Municipal Staffing
c/o Compliance Office
PO Box 718
El Segundo, CA 90245
Fax: 310 - 322.6053
Phone: 310 -524 -2381
Agreement No. 4802
Imperial Beach, CA 91933
Fax: 866- 498 -6678
Phoney 866 - 444-6844
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
24. SOLICITATION. STAFFING FIRM maintains and warrants that it has not employed nor
retained any company or person. other than STAFFING FIRM's bona fide employee, to solicit or
secure this Agreement. Further, STAFFING FIRM warrants that it has not paid nor has it agreed
to pay any company or person, other than STAFFING FIRM's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement, Should STAFFING FIRM breach or violate this
warranty, CITY may rescind this Agreement without liability.
25. THIRD PARTY BENEFICIARIES, This Agreement and every provision herein is
generally for the exclusive benefit of STAFFING FIRM and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of STAFFING FIRM's or
CITY's obligations under this Agreement. Notwithstanding the foregoing provisions, the State
of Califomia may exercise the rights reserved for it under this Agreement to ensure compliance
with applicable California laws and regulations.
26. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement wit[ be in Los Angeles County.
27. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the Parties with respect to the subject matter hereof. There are no other
understandings, terms or other agreements expressed or implied, oral or written with respect to
the subject matter hereof. There are three (3) Exhibits to this Agreement. This Agreement will
bind and inure to the benefit of the parties to this Agreement and any subsequent successors and
assigns.
28. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Temp Staffing Request;
B. Exhibit B: Task Order;
Page 10 of 13
Agreement No. 4802
C. Exhibit C: Prevailing Wage Requirements.
22, RVLE$ VF WNURVIUM, Each Party 1W the opporMaity w independently review
L1119 Agieen1ent wtu► Wgat COURWl. Aecuruingty, uiis Agreeineitt will oe conArueu sttnply, us a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either Party.
30. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
31. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
33. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
34. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
35. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, embargo, government action, civil or military authority, the natural elements, or
other similar causes beyond the Parties' control, then the Agreement will immediately terminate
without obligation of either party to the other.
36. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
37. STATEMENT OF EXPERIENCE. By executing this Agreement, STAFFING FIRM
represents that to the best of its knowledge, it has demonstrated trustworthiness and possesses the
quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
STAFFING FIRM represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in dealing with
private Staffing Firms, and experience in dealing with public agencies all suggest that
STAFFING FIRM is capable of performing the proposed contract and has a demonstrated
capacity to deal fairly and effectively with and to satisfy a public agency.
Page 11 of 13
Agreement No. 4802
38. MOTOR VEHICLES, STAFFING FIRM's Worker(s) are not authorized to operate a
motor vehicle without STAFFING FIRM's express written pen'ni5siont and if 50 duthudzed,
CITY and STAFFINU FIRM will mutually agree in writing and CITY will add STAFFING
FIRM as additionally insured on CITY's insurance if so agreed.
39. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this Agreement,
STAFFING FIRM agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this
Agreement, STAFFING FIRM must not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or national origin.
Such actions include, but are not be limited to, the following: employment,
promotion, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rate of pay or other forms of compensation; and
selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. STAFFING FIRM will comply with
all applicable federal regulations relative to nondiscrimination in federally assisted
programs.
C. Solicitations for Subcontractors. In all solicitations, either by competitive bidding
or negotiations, made by STAFFING FIRM for work to be performed under a
subcontract, each potential subcontractor shall be notified by STAFFING FIRM or
STAFFING FIRM's obligation under this Agreement and the regulations relative
to nondiscrimination on the grounds of race, religion, color, sex or national origin.
[SIGNATURES ON NEXT PAGE]
Page 12 of 13
Agreement No. 4802
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
MUNITF..MPS, a division of
GOVERNMENT STAFFING SERVICES,
INC.
9'
ATTEST:
�..`..�.ea Taxpayer ID No. 20- 8332593
.,free 'lea r, �
City Clerk
APPROVED AS TO FORM:
MARK D JIENS]LEY, City Attorney
LE
David King, Assist n�C�ty Attorney
Page 13 of 13
Exhibit "A" Agreement No. 4802
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Exhibit "B" Agreement No. 4802
City,& E I S eg u n d 0
350 Win .Skase&, El -Segon, do, CA 90245
TASK ORDER # 20
Issued .under,AOREEMENT FOR SERVICES, dated 0 20_.
Project Name:
Project N u, rnber,
Contractor Name:
Vendor Number.
Contract Numi ber:
Account Number:
Project Description:
Descrholtion of Services,,to,,,be,f!erform!ed,by Consultant under this Task Order:
Time for Completion:
Cost Estimate:
CONSULTANT /CONTRACTOR
Recorn mendedlApproyed By:
Date
Date
Exhibit B
Finance Director
City Manager
Date
Date
Page t PAGE ) of 2
Agreement No. 4802
3W Main Skt*L 0 15-
Z071 1'= I, 1
Agreement No. 4802
Page j PAGE I of f LNUMPAGES)
Exhibit "C" Agreement No. 4802
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATION'S
PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DR-EDGING PROJECTS
CRAFT: #LABORER AND RELATED CLASSIFICATIONS
DETERMINATION- SC-23-102-2-2014-1
ISSUE DATE: Atigust 22, 2014
EXPIRAT ION DATE OFDETER'LVHLN.4,TJOL'T: June 3O,2015*. Effective until sLil)ea-ededbya new determination issued by
the Director of hiclustrial Relations. Contact the Office of the Director - Research Unit at (415) 703-4774 for new rate-, after 10
clays frorn the expiration date., if no subsequent determination is is-sued.
LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles., Mono, Orange, Riverside, San Bernardino, San Luis Obispo,
Santa Barbara, and Ventura counties,
EnipJ23Ler Pa rnents _S�trajhtjinic Overtime Hourly Rates
Classification Basic Health Pension Vacation/ Training Other Hours Total Daily b Saturday bc Sunday
(Journeypel-6011) Hourly and and Payment Hourly and
Rate Welfare Holida)° to 11/2X 11 /2X Holiday
CLASSIFICATION GROUPS
Group 1
$30.19
6,81
6.25
4.47
0.64
0.52
8
48.88
63.975
63,975
79.07
Group 2
30.74
6,81
0.25
4.47
0.64
0.52
8
49.43
64.80
64,80
80.17
Group 3
31.29
6.81
6.25
4.47
0.64
0,52
9
49.98
65,625
65.625
91.27
Group 4
32.84
6.81
6.25
4.47
0.64
0,52
8
51.53
67.95
67.95
84.37
Group 5
33.19
6.81
6.25
4.47
0.64
0.52
8
51,88
68.475
68,475
85.07
ff Iiidicates,- aiiapl)r-eiiticeable craft. The current apprentice wage rates are available on the Internet Ca),
hit t)-,Hwww.d ir. C!a.gov/OPRIJPWAp:)Waa.e-/_PWAt)I)Wao.eStart,asp. To obtain any apprentice Wage rates as Of July 1, 2008 and
p
prior to September 27,2012, please contact the Division ofAI)pi't,,nticcsliipStati&rdi or refer to the Division of Apprenticeship
Staridards'website at h(tn://www.dir.ca.izov/dag/das
a For classificatiuii Within eACh gfULIJ), See page 14.
b Any hours worked over 121ioucs i-Li a single workday are double (2) time.
Saturdays in the saniQ Work week may be worked at straight-time if job is shut down during work week due to inclement weather -
or sin-Oar Act of God, or a sftualiun beyond the employers control,
Includes .an .amount per hour worked for supplemental dues
RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing 110111-ly Wage Tate for Holiday work shall be paid, shall
be all holidays in the collective bargaining agreement, applicable to the particular crall, classification, or type of worker employed
on the project, which is on file with the Director of Indnstri;al Relations, If the prevailing Tale is not based on a collectively
bargained rate, the holiday,-, upon vv-hich the prevailing rate shall be paid shall be as provided in Sectiou 6700 of the Goveranient
Code, Youniay
- obtain the holiday provisions for the current determinations on the 1-titeriietathttp://www.dir.glgov/OPRL/PWD,
Holiday provisions for current orsupersudcd deterininations- niay be obtained by contacting the Office of the Director- Research
Unit at (415)'703 -4774.
TRAVEL AN /OR SUBKSTENCE PAYLVIENT: In accordance with LaboT Code Section-, 1773.1 and 1773.9, contractors shall
make travel and /car subsistence peryrtt_enrs to enclt s�orker to execute the �vorlc. You curly obtain tlic travel and/or siibsisteliec
provisions for the carrent determinations on the Internet athttiu://www,dir.ca.gov/OPRI/PWD. Travel and/or subsistence
requireincliLs for current or superseded determinations may be obtained by contacting the Office of the Director - Research Unit at
(415) 703-4774.
13
DETERMIKATION, SC-23-102 4-2614-1 Agreement No. 4802
,GROUP 2 (.continued.
Tank 3caler and Cleaner
Tr,,.e Cffinbber, Faller, Chain Saw Operator, Pitt3buqdi Chipper andsirwiar type
Bruslt ghm4de!rs
Und"n.-mud Laborer, including Caisson Bel lower
GROUP3
Asphalt Installation ofall fabrics
Buggymobile Main
Compactor Call types including Tampers, Barko, Wacker)
Concrete Cutting Torch
Concirtc Pile Cutter
Driller, Tackhaninae•, 2 1/2 tI, drift steel or longer
Dri Pak-h Machine
Gas, Oil and/or Water Pipeline Wrapper - 6-inch pipe and over by any nicthod,
inside and out
High Scaler (including drilling ofsanie)
Intpaet Wrench, Multi•Plait
Kettlenien, Pounan and Men applying asphalt, larkold, cieosotc, iinw- caustic
gild SinfilaT type VVIS IerialS
Laborer, Fence Erector
Material Hoseman (Wails, Slabs, Floors and Decks)
Opera tors of Pneumatic, Gas, Electric Tools, Vibrating Machines, Pavement
Breakers, Air Blasting, Conic-Alongs, and shnilar mcchanical tools not
s"rgtcly classified herein; operation efreniote controlled robotic tools in
,-onnectio
� it with Laborers work
Pipehiyces backup nun, coating, grouting, making ofjoints,scaling, caulking,
diapering and including rubber gasket joints, pointing and any and all other
services
Power Post Hole Digger
Rock Slinger
Rotary Scarifier or Multiple Head Concrete Chipping Scarifier
Steel Headerboard Man and Guideline Setter
Trenching Machine, Hand Propelltd
GR
QjfP 4
Any Worker Exposed to Raw Sewage
Asphalt Raker, LuIcinan, Inner, Asphalt Dumpinau, and Asphalt Spreader
Boxes (All types)
Concrete Core Cutter (wails, floors or ceilings), Grinder or wander
Concrete Saw Man„ Cutting Walls or Flat Work, &,oring old or new concrete
Cribber, Shorer, Lagging_ Sheeting and Tvtncli Bracing, Hawd-Guidtd Lagging
Hammer
Read Rock Slingvr
Laborer, Asphalt-R ubber Distributor Bowman
Laser Beam in couttec tion with Laborer's work
Oym,ize Concrete Vibrator Operator, 70 potinds and over
Pipclaycr
Prvlabrieated Manliok Installer
Sandblaster (Nazzlenian), Water Blasting ports Slaot-Blast
fraftic Lane, Closure, certified
GROUI §
Blasters Powdernian
Driller
Toxio Waste Removal
Welding, certified or otherwise in conawtion with lAbomm' work
W-H