HomeMy WebLinkAbout2008 CON Manpower - Administrative SupportAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
CPM LTD DBA MANPOWER OF SAN DIEGO
THIS AGREEMENT is entered into this 7th day of October 2008, by and between the CITY OF
NATIONAL CITY, a municipal corporation (the "CITY"), AND CPM LTD DBA
MANPOWER OF SAN DIEGO, a Nevada corporation (the '`CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide temporary
administrative support services; and
WHEREAS, the CITY has determined that the CONTRACTOR is a contingent
staffing company and is qualified by experience and ability to perform the services desired by
the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the
CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set
forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be performed
directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform temporary
administrative support services as set forth in the attached Addendum "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time
reduce or increase the Scope of Services to be performed by the CONTRACTOR under this
Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services.
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4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Addendum A shall not exceed fifteen -thousand dollars
($15,000) (the Base amount) without prior written authorization from the City Manager, or City
Council if the aggregate amount will exceed $25,000. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Addendum A as determined by the CITY.
The CONTRACTOR shall maintain all books. documents, papers, employee time sheets.
accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in
this Agreement. the City or the CONTRACTOR shall give to the other written notice. Within
ten (10) business days, the CONTRACTOR and the City shall each prepare a report which
supports their position and file the same with the other party. The City shall, with reasonable
diligence, determine the quality or acceptability of the work, the manner of performance and/or
the compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT. The term of this Agreement is through December
31, 2008. and may conclude earlier, at the sole discretion of the City.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda.
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR for this Project. whether paper or electronic, shall become the property of the
CITY for use with respect to this Project. and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or other work
prepared under this agreement. except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use. reuse, alter. reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and
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disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CI'l'Y for some project other than
what was expressly agreed upon within the Scope of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners
or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S
employees are employee of the CITY and are not entitled to any of the rights, benefits. or
privileges of the CITY'S employees. including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and the
CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional reputation and
competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest
herein may be assigned by the CONTRACTOR without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring
as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
9. CONTROL. Notwithstanding the presence of any CONTRACTOR personnel at
a CITY facility when such personnel are placed under this Agreement, CITY agrees to supervise
and control the work, premises, processes and systems to be performed by CONTRACTOR'S
personnel, and to review and approve the corresponding work product. In addition.
CONTRACTOR will control the development, quality and implementation of the work product.
In the event CONTRACTOR is dissatisfied with the work product produced in whole or in part
by any CONTRACTOR personnel, CITY may request, the removal of such CONTRACTOR
personnel. The CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR'S obligations to the CITY are solely such
as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR. in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
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1 1. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement. any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement.
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONTRACTOR'S trade or profession currently practicing under similar
conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products.
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified. then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products. materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age, race. color.
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment. upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
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shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality: or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend. indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings. reasonable
attorneys' fees, and defense costs, of any kind or nature. including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S negligent
performance of this Agreement.
The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR. its
officers and employees, against and from any and all liability, loss, damages to property, injuries
to, or death of any person or persons, and all claims, demands, suits, actions, proceedings,
reasonable attorneys' fees, and defense costs, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY'S
negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented. brought or
recovered against the CITY or its officers, employees. or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
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17. INSURANCE. The CONTRACTOR. at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONTRACTORS, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
❑ A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1.000,000 per occurrence.
B. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
C. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000.000 per accident. In addition. the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
D. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
E. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. Any aggregate insurance limits must apply solely to this "Project'.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
.I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute. whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
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For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees
incurred by the CITY in its prosecution or defense of the action. irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement. or the breach thereof, the parties agree first to try. in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof which is not resolved by mediation shall be settled
by arbitration in San Diego, California. in accordance with the Commercial Arbitration Rules of
the AAA then existing. Any award rendered shall be final and conclusive upon the parties. and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated immediately with or without cause by
the CITY. at any time. effective upon oral or written notice.
R. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement. misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein, or by oral Notice of
Termination to the CONTRACTOR.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings. Plans, Specifications and other documents prepared by the CONTRACTOR.
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR., (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
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21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, except as provided in section 20.C., and shall be personally delivered; or sent
by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage
prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or
cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received
upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to
receive such notice. (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered. certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post office,
mailbox, mail chute, or other like facility regularly maintained by the United States Postal
Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex. telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To the CITY:
'l'o the CONTRACTOR:
Maryam Babaki
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Trevor Blair
Business Development Manager
Manpower
2225 Camino Del Rio South, Suite E
San Diego CA 92108
Notice of change of address shall be given by written notice in the manner specified in
this Section. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. Any notice, request, demand, direction or other communication
sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours
by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement. the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
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El
If checked, the CONTRACTOR shall comply with all of the reporting requirements of
the Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONTRACTOR shall obtain from the City
Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages. costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods'. If any date or time period provided for in
this Agreement is or ends on a Saturday. Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of. the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement. and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon. or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof
H. Applicable Lcnr. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. "Phis Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength. (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own. independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
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each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement. or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY CPM Ltd DBA MANPOWER OF SAN DIEGO
(Signatures of two corporate officers required)
By:
Chris Zapata
City Manager
APPROVED AS TO FORM:
By: 4(1 /
(Name)
11-C->OY 71:)/
(Print)
I AL Xt (Te
(Title)
By: 2.
George iser III Name
City Attorney
(Print)
vjn i�x v,v�,,�/�C L J "
(Title)
Page 10 of 11 Manpower Agreement
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ADDENDUM A
Scope of Services: This agreement shall cover all services provided to the City of
National City by Manpower for administrative support which includes, but is not limited to,
performing general office duties such as answering phones, filing, sending and responding to
emails, scheduling, word processing and excel program.
Bill Rate: Current temporary employee assigned from Manpower to The City is Charles
Marcus Alvarez at $25.60/hr„ inclusive of all taxes and insurances. Bill rates for future
assignments will depend on the skills requested by the City, as well as the minimum pay rate
required by the temporary employee. Manpower will provide a quotation to the City for review
prior to the provision of any services.
Duration of Agreement: 10/07/2008 through 12/31/2008.
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. y DATE(MM/DD/YYYY) I
AORDrr CERT -CATS OF LIABILITY INSURANCEo9/18/zoos
PRODUCER
Aon Risk Services Central, inc.
fka Aon Risk Services, Inc. of Wisconsin
330 E. Ki )bourn Avenue
Suite 450
Milwaukee WI 53202-3179 USA
eeone-(866) 283-7122 Fwx- (g47) 953-5390
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
CPM Ltd., Inc. dba Manpower of San Diego
1855 First Avenue
Suite 3000
San Diego CA 92101 USA
INSURERA: Federal Insurance Company
20281
INSURERB. National Fire Ins. Co. of Hartford
20478
INSURERC Vigilant Ins Co
20397
INSURER D. Great American Assurance Company
26344
INSURER F-:
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.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATEDD\VY)
(MM\
POLICY EXPIRATION
DATE(MM\DD\YY)
LIMITS
A
'ERALLIABILITY
35207790
10/01/07
10/01/08
EACH OCCURRENCE
S5.000,000
X
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES (Ea occurence)
CLAIMS MADE
rig
OCCUR
MED EXP (Any one person)
X
55,000,000 LIMIT
PERSONAL & ADV INJURY
S5,000,000
X
3rd Party Employee Dishonesty
GENERAL AGGREGATE
S5,000,000
GENT
AGGREGATE LIMIT APPLIES PER:
POLICY PRO- ❑ LOC
PRODUCTS - COMP/OP AGG
S5,000,000
❑
❑ JECT
A
AUTOMOBILE
LIABILITY
ANY AUTO
73508789
10/01/07
10/01/08
COMBINED SINGLE LIMIT
(Ea accident)
S5,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
( Per person)
X
X
HIRED AUTOS
NON OWNED AUTOS
BODILY INJURY
(Per accident)
X
EXCESS ONLY
PROPERTY DAMAGE
(Per accident)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
ANY AUTO
OTHER THAN EA ACC
e
AUTO ONLY:
AGG
D
EXCESS /UMBRELLA LIABILITY
EXC574972603
03/01/08
03/01/09
EACH OCCURRENCE
$25,000,000
X OCCUR [] CLAIMS MADE
AGGREGATE
S25,000,000
DEDUCTIBLE
RETENTION
B
WORKERS COMPENSATION AND
wc271253372
01/01/08
01/01/09
X
WC STATU-I
TORY I IMITS
oTH-
ER
EMPLOYERS' LIABILITY
EL EACH ACCIDENT
S1,000,000
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICERiMEMBER EXCLUDED?
E.L. DISEASE -EA EMPLOYEE
S1,000,000
Ifyes. descnbe under SPECIAL PROVISIONS
below
E.L. DISEASE -POLICY LIMIT
S1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of National City is granted a waiver of subrogation on the workers Compensation Policy.
CER11111eittrtitnigtt CANCELLATION
CITY OF NATIONAL CITY
CITY ATTORNEY' S OFFICE
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACO 2 120011081 ACORD CORPORATION 198g
Holder Identifier :
mmi
gi
tiP
gl
or
ii
Attachment to ACORD Certificate for CPM Ltd., Inc. dba Manpower of San Diego
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy.
INSURED
CPM Ltd., Inc. dba Manpower of San Diego
1855 First Avenue
Suite 3000
San Diego CA 92101 USA
ADDITIONAL POLICIES
INSURER
INSURER
INSURER
INSURER
INSURER
If a policy below does no include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSR
LTR
AMYL
INSRD
TYPE OF 1:ISURANCE
POLICY NUMBER
POLICY DESCRIPTION
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
LIMITS
EXCESS LIABILITY
C
79722954
03/01/08
03/01/09
Aggregate
$25,000,000
Each
Occurrence
$25,000,000
WORKERS COMPENSATION
X ALTERNATE EMPL END
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate No : 570030439746
Liability Insurance
Endorsement
Policy Period
10/1/08 to 10/1/09
Effective Date
10/1/08
Policy Number
35207790
Insured
CPM, Ltd., Inc. dba: Manpower of San Diego
D/b/a Manpower
1855 First Ave #300,
San Diego, CA 92101
Name of Company
Federal Insurance Company
Date Issued
10/1/08
This Endorsement applies to the following forms:
Who Is Insured
Designated Person Or Organization
City Of National City
1243 National City Blvd
National City, CA 91950
Under Who Is insured, the following provision is added:
Any person or organization designated below is an insured but only with respects to liability arising
out of your operation or premises owned by or rented to you
Designated Person or Organization
Liability Insurance Additional Insured- Designated Person Or Organization Continued
Form 80-02-2367 (Ed. 4-94) Endorsement Page 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC000313
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
City of National City
1243 National City Blvd.
National city, CA 91950
This endorsement changes the poky to which It is attached and Is effective on the dare Issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 10/1 /08 Policy No. WC271253372 Endorsement No.
Insured Premium $
CPM Inc. Manpower of San diego
Insurance Company Countersigned by
National Fire Ins. Co of Hartford
WC000313
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.
RESOLUTION NO. 2008 — 206
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CPM LTD DBA MANPOWER OF SAN DIEGO
FOR A NOT -TO -EXCEED AMOUNT OF $15,000 TO PROVIDE
TEMPORARY ADMINISTRATIVE SUPPORT STAFF FOR
THE ENGINEERING DEPARTMENT, AND APPROVING AN ADDED
MUTUAL INDEMNITY PROVISION THAT DIFFERS FROM
THE CITY'S STANDARD AGREEMENT LANGUAGE
WHEREAS, the City desires to employ an employment agency to provide
temporary administrative support staff for the Engineering Department; and
WHEREAS, the City has determined that CPM LTD DBA Manpower of San Diego
is qualified by experience and ability to provide the services desired by the City, and CPM LTD
DBA Manpower of San Diego is willing to provide such services; and
WHEREAS, at the request of CPM LTD DBA Manpower of San Diego, a mutual
indemnity provision that differs from the City's standard agreement has been added, and
reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Manager to execute an agreement with CPM LTD DBA
Manpower of San Diego in the not -to -exceed amount of $15,000 to provide temporary
administrative support staff to the Engineering Department.
BE IT FURTHER RESOLVED that the City Council approves the addition of a
mutual indemnity provision in the agreement, which differs from the City's standard agreement
language. Said Agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 7th day of Octobe008.
Ron Morrison, Mayor
ATTEST:
fi
Mic ael R. Dalla, C y Clerk
APPROVED AS TO FORM:
George H. iser, Ill
City Attorney
41C-
Passed and adopted by the Council of the City of National City, California, on October
7, 2008 by the following vote, to -wit:.
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City lerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-206 of the City of National City, California, passed and
adopted by the Council of said City on October 7, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
''`""MEETING DATE October 7, 2008
AGENDA ITEM NO.
7
ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Manager to execute an
agreement with Manpower of San Diego for a not -to -exceed amount of $15,000 to provide temporary administrative support
services and approving an added mutual indemnity provision that differs from the City's standard agreement language
(Funded by TransNet, Traffic Congestion Relief and General Funds).
PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387
EXPLANATION
See attached explanation.
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
Finance Director
Funds will be available in the Account Nos. 345-409-500-598-6035 ($4,000), 307- 409-500-598-6035
($9,000) and 001-409-500-598-4127 ($2,000).
Account No
STAFF RECOMMENDATION
Adopt the Resolytion.^
BOARD / COMMISSION RECO M Q'ATI'ON
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Contract Agreement Form
Sc
A-200 (Rev 7/03)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
October 14, 2008
Mr. Trevor Blair
Business Development Manager
Manpower of San Diego
2225 Camino Del Rio South, Suite E
San Diego, CA 92108
Dear Mr. Blair,
On October 7th, 2008, Resolution No. 2008-206 was passed and adopted by the
City Council of the City of National City, authorizing execution of an agreement
with Manpower of San Diego.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed copy of the agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering Department
® Recycled Paper