15-012 ManpowerGroup US Inc, contract services at Cupertino Compost Facility AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
MANPOWERGROUP US INC. FOR
CONTRACT SERVICES AT CUPERTINO COMPOST FACILITY
THIS AGREEMENT, is entered into this 9 day of March, 2015, by and between
the CITY OF CUPERTINO, a California municipal corporation ("City"), and
MANPOWERGROUP US INC., a Wisconsin corporation whose address is 100
Manpower Place, Milwaukee, WI (hereinafter referred to as "Consultant") (collectively
referred to as the"Parties").
RECITALS:
A. City is a municipal corporation-duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
C. , Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms.and conditions described herein.
D. City and Consultant desire to enter into an agreement for services at the
Cupertino Compost Facility upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on March 9, 2015, and shall
terminate on November 1, 2017,unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant
to the schedule of performance set forth in Exhibit `B" attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed thirteen thousand dollars ($13,000.00) based
on the rates and terms set forth in Exhibit "C" which,is attached hereto and incorporated
herein by this reference.
4. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
Bay Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the City.nor have any contractual relationship with
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city.
5. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment will be acquired by virtue of Consultant's services.
None of the benefits provided by City to its employees, including but not limited to,
unemployment insurance, workers' compensation plans, coverage under the Affordable
Care Act, vacation, and sick leave are available from City to Consultant, its employees or
agents. Deductions shall not be made for any state or federal taxes, FICA payments,
PERS payments, or other purposes normally associated with an employer-employee
relationship from any fees due Consultant. Payments of the above items, if required, are
the responsibility of Consultant. City agrees to supervise and control the work, premises,
processes and systems to be performed by Consultant's assigned employees ("Assigned
Employees"). Consultant shall at all times remain the sole employer of its Assigned
Employees and will exercise supervisory authority over all day-to-day employment
relationship decisions relating to its Assigned Employees, including those decisions
relating to: wages, hours, terms and conditions of employment, hiring, discipline,
performance evaluations, termination, counseling and scheduling.
6. SPECIAL REQUIREMENTS
Fingerprinting. Consultant agrees to complete fingerprinting and criminal
background checks for all individuals covered under this Agreement.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the
basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
9. HOLD HARMLESS
Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
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provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify, defend, and hold harmless the City:and its
officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical, emotional;:consequential or otherwise, to the extent caused by the
negligent performance: of this Agreement by .Consultant-;or .Consultant's employees,
officers, officials, agents or independent contractors.. The acceptance of the Services by
City'shall not operate as a waiver of the right of indemnification. The provisions of this
Section survive the completion of the Services or termination of this Contract.
UNLESS EXPRESSLY PROVIDED HEREIN, AND WITHOUT LIMITING THE
REQUIREMENTS FOR INDEMNIFCIATION AS SET FORTH ABOVE, NEITHER PARTY
SHALL BE LIABLE FOR OR REQUIRED TO INDEMNIFY THE OTHER PARTY FOR ANY
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, REGARDLESS OF HOW CHARACTERIZED AND EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF.SUCH DAMAGES, WHICH
ARISE FROM THE PERFORMANCE OF THIS AGREEMENT OR IN CONNECTION`WITH
THIS AGREEMENT, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ,OTHERWISE). EITHER
PARTY'S-LIABILITY FOR DAMAGES HEREUNDER, REGARDLESS OF THE FORM OF
ACTION, SHALL NOT EXCEED PER CLAIM OR IN THE AGGREGATE THE TOTAL
AMOUNT PAID UNDER THIS AGREEMENT, EXCEPT AS COVERED BY THE INSURANCE
AS DESCRIBED BELOW.
10. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Consultant shall furnish City with certificates showing the type, amount,
class of operations covered, effective dates and dates of expiration of insurance coverage
in compliance with the requirements listed in Exhibit "D". Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide prompt advance written notice to the City of Cupertino by certified mail,
Attention: City Manager." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is licensed to do insurance business in the
State of California. Endorsements naming the City as additional insured shall be
submitted with the Commercial General Liability insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event of loss due to any
of the perils for which he/she has agreed to provide comprehensive general and excess
automotive liability insurance, Consultant shall look solely to his/her insurance for
recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or City
with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
C. INTENTIONALLY DELETED
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D. Additional Insured. City, its City Council, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement to the extent of the negligent act(s) or omission(s) of Consultant or its
Assigned Employees in the performance of services. The naming of an additional
insured shall not affect any recovery to which such additional insured would be entitled
under this policy if not named as such additional insured. An additional insured named
herein shall not be held liable for any premium, deductible portion of any loss, or expense
of any nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss or expense
covered by the insurance provided by this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer'with
Consultant's insurance broker to'determine adequate coverage for Consultant.
F. Maximum Coverage, and Limits. It shall be a requirement under .this
Agreement that any available insurance .proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and/or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured,whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations. This provision shall not in any way restrict
Consultant from servicing other customers.
12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
13. PERMITS AND LICENSES
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate pennits, certificates and licenses including, but not
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limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
14. REPORTS
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
I ublication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or(4) Other City projects as City deems appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
.D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
15. RECORDS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to such books and records to the representatives of City or its
designees at all proper times, and gives City the right to examine and audit same, and to
snake transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
16. NONAPPROPRIATION
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This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that funds are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section shall take
precedence in the event. of a conflict with any other covenant, term, condition, or
provision of this Agreement.
17. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing_ any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
18. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail,postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Alex Wykoff
TO CONSULTANT:
ManpowerGroup US Inc.
Attn: Business Law Department
100 Manpower Place
Milwaukee,WI 53212
19. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City's written notice of default,
and in addition to any other remedy available to the City by law, the City Manager may
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terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. Either party shall also have the option, at its sole discretion and
without cause, of terminating this Agreement by giving thirty (30) calendar days' prior
written notice to the other party as provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
Consultant or.given to Consultant, in connection with this Agreement. Such materials
shall become the property of City.
20. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
21. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
22. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
23. WAIVER
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever'between the Parties, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof. Any modification of this Agreement
will be effective only by written execution signed by both City and Consultant.
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Consultant contract- updated 2/2015
25. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have,
the legal capacity and authority to do so on behalf of their respective legal entities.
26. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
27. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT ❑Over$175,000-Council Approval Required
Man owerGrou US Inc.
El Over$45,000-Department Head Approval Required
1� p llc. ✓ Up to $45,000- Designated Supervisor
Approval Required
By `V35ZZyA.-g-kLeU`^
Title 10
Date 5 '1 G
RECOMMENDED FOR PPROVAL
9onn-'Ily
Environmental Programs Manager
APPAZOVED AS TO FORM:
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CITY OF CUPERTINO AT EST:
A Municipal Corporation
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//��((�� City Clerk (��-�`1•--
By l,��le+rl b0 e`
Title 6'jk(0V1fflWW &zioym Nr-
Date
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Consultant contract- updated 2/2015
Contract No.
Exhibits: (Check box for exhibits that apply to this contract and attach)
Exhibit"A"- Scope of Services
Exhibit`B"- Schedule of Performance
Exhibit"C"- Compensation
Exhibit"D"- Insurance Requirements and Proof of Insurance
Exhibit"E"- Background/Fingerprint Declaration
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Exhibit A
Scope of Services
COMPOST FACILITY ATTENDANT I:
Part-time, temporary Compost Facility Attendant I: Work at the City of Cupertino Compost
Facility where free compost is provided to Cupertino residents each Friday and Saturday
morning between March and October. This position reports to the Public Works Department,
Environmental Programs Division. While at the Compost Facility, Attendant I will receive
direction from the Compost Facility Attendant II. Attendant I is part of a two-person team and is
responsible for overseeing the smooth operation of the facility during distribution days. This
includes opening and closing the facility, safely organizing and managing traffic control to
drivers arriving to and exiting the facility, verifying residency requirements through personal
contact with each customer, and providing City supplied materials to customers as needed. This
position entails outdoor work and may involve standing for extended periods of time in varying
weather conditions. The work requires a firm commitment to working each Friday and Saturday
morning mid-March through the end of October. Compost distribution begins, weather
permitting, March 20, 2015 and the program is scheduled to close for the season on October 17,
2015
Ability to: Work Friday and Saturday mornings between 8:00 a.m. and 12:00 p.m. to ensure the
facility is opened and closed on time. Provide excellent customer service to facility patrons and
cooperatively work with other staff as part of a team. Communicate and give directions to the
public clearly and concisely. Lift and carry barricade signs and safety cones for placement at
the facility and adjacent to Stevens Canyon Road. Maintain a record of vehicles arriving at the
site and the number of compost bags distributed. Exercise sound judgment to apply a time limit
to each resident so that all can be served. Manage effective vehicle circulation into and out of the
site. Securely close the site and report the estimated amount of compost and/or bags remaining
at closing time each Saturday.
COMPOST FACILITY ATTENDANT II:
Part-time, temporary Compost Facility Attendant II: Work at the City of Cupertino Compost
Facility where free compost is provided to Cupertino residents each Friday and Saturday
morning between March and October. This position reports to the Public Works Department,
Environmental Programs Division. While at the Compost Facility, Attendant II will provide
direction to Attendant I. Attendant II is part of a two-person team and will be expected to act as
a lead to Attendant I and provide oversight of the facility during distribution days. This includes
opening and closing the facility, safely organizing and managing traffic control to drivers
arriving to and exiting the facility, verifying residency requirements through personal contact
with each customer, and providing City supplied materials to customers as needed. This position
entails outdoor work and may involve standing for extended periods of time in varying weather
conditions. The position requires a firm commitment to working each Friday and Saturday
morning mid-March through the end of October. Compost distribution begins, weather
permitting, March 20, 2015 and the program is scheduled to close for the season on October 17,
2015.
Ability to: Work Friday and Saturday mornings between 8:00 a.m. and 12:00 p.m. to ensure the
facility is opened and closed on time. Provide excellent customer service to facility patrons and
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Contract No.
cooperatively work with other staff as part of a team. Communicate and give directions to the
public clearly and concisely. Provide leadership and direction to Attendant I and accept
responsibility for the daily operation of the facility. Lift and carry barricade signs and safety
cones for placement at the facility and adjacent to Stevens Canyon Road. Maintain a record of
vehicles arriving at the site and the number of compost bags distributed. Exercise sound
judgment to apply a time limit to each resident so that all can be served. Manage effective
vehicle circulation into and out of the site. Securely close the site and report the estimated
amount of compost and/or bags remaining at closing time each Saturday. Prepare and submit
weekly facility usage reports the Environmental Programs Division in a timely manner.
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Exhibit B
Schedule of Performance
March through October, Friday and Saturday between 8 a.m. and 12:00 p.m. and meetings as
needed. The compost facility may be closed, dependent upon inclement weather as determined
by staff.
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Contract No.
Exhibit C
Compensation
Consultant will invoice City weekly, and payment will be due within fifteen (15) days upon
receipt of invoice. City shall compensate Consultant for professional services in accordance with
the terms and conditions of this Agreement based on the rates and compensation schedule set
forth below. Compensation shall be calculated based on the hourly rates set forth below up to the
not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services described in
Exhibit "A" and reimbursable expenses shall not exceed a total of thirteen thousand dollars
($13,000), as set forth below. Any work performed or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall be
at no cost to the City. If Consultant is required to increase wage and/or payroll burden costs at
any time during the term of this Agreement as the direct result of any determination, order or
action by any applicable federal, state or local governmental authority including prevailing wage
and benefit requirements, or in order to meet employer obligations, City will reimburse
Consultant at cost for any such increase or equitable adjustment.
Task Not to Exceed Amount
Compost facility daily oversight $13,000
Total $13,000
Rates
Compost Facility Attendant I [$15.50/hr.]
Compost Facility Attendant II [$17.00/hr.]
Invoices
X�M:�onthlInvoicing: In order to request payment, Consultant shall submit weekly invoices to
the CITY describing the services performed and the applicable charges (including.a summary of
work perfonned during that period, personnel who performed the services, hours worked, task(s)
for which work was performed). -
❑ Invoicing based on percentage of work complete: (select Public Works contracts only)
On the first day of each month, Consultant shall submit a written estimate of the total amount of
work done the previous month. Payment shall be made for 90% of the value of the work. The
City shall retain 10% of the value of the work as partial security for the completion of the work
by Consultant. Retained amounts shall be paid to Consultant within days of acceptance by
the City of the project. Payment shall not be construed as acceptance of defective work. No
interest will be paid to Consultant on retained funds.
❑ Other billing:
Reimbursable Expenses
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Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house
printing, insurance and other ordinary business expenses are included within the scope of
payment for services and are not reimbursable expenses. Travel expenses must be authorized in
advance and shall only be reimbursed to the extent consistent with City travel policy.
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only
by advance written authorization from the City's Project Manager prior to commencement of any
additional services. Consultant shall submit, at the Project Manager's request, a detailed written
proposal including a description of the scope of additional services, schedule, and proposed
maximum compensation.
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Contract No.
Manpower
EXHIBIT C
1. JOB DESCRIPTIONS AND LOCATIONS"
Job Title I Job Description LAve.ocatlon
"General Laborers" (See attached) 10300 Torre Ave.
Light industrial Classification Cupertino,CA95014
If the parties decide to change the scope of the Agreement by,for example,adding or deleting Jobs or locations,they must execute an
amendment to this Agreement reflecting the Intended change. Manpower reserves the right not 10 provide an Assigned Employee or
candidate for any reason.
2. RATES*
Job Tills 2015 Mark-up of Hourly Rate
"Goneral Laborers" 51%
Light 6rdashial Classlf/catlon
'The above Rates are comprised In part of the following coats associated with Manpower's Employer Obligations and are Subject to .
Section 4(b)(1)of the Agreement:FICA,FUTA,SUTA,and Walker's Compensation statutory minimums.
3. ADDITIONAL BACKGROUND CHECKS AND TESTING
Required Check or Test Requirements,If Any Cost
Y/N
Criminal Record Check SSN Trace+7 year hlstoyy county criminal search 16.25 per employee.
DrugTests 6 panel Oral where allowed by law $0.00 per employee.
•
Drug Tests 5 panel Udnal als $30,00 per employee
Education Verification Highest degree received 7.60+Fees per mployes.
Employment Verification Maxlmum2 em to eis 15.00+Fees per employee
Driving Record Check $ 2,00+fear.peremployea
Credit Check $3.76 Deremployee.
Other(define and request $_per employee.
Pricing before final
e reemenl Is shined)
4. CONVERSION FEES
a. Conversion During Agreement.
Manpower will receive a scaled fee calculated based on the compensntion to be paid to the Assigned Employee as a employee of Client
during ilia first(twelve)12 months of hire by Client plus all applicable taxes. Compensation Includes base gross salary,gross compensation
for services•fees,wages,guaranteed and/or anticipated bonus and commission earnings,oilowanoes,Inducement payments,Incentive
bonwas and all other payments to be made to the Assigned Employee during the first year of employment.Where Client provides a company
car,the monetary value will be added to the salary.
Days on Assignment V.of compensation
030 20%
31-60 15%
61-90 10%
91+ 5°/a
b. Convereton upon Termination of Agreement.
Manpower will receive a fiat,one-time placement fee In the amount of$3,000 for the Aaslghed Employee.
o, Placement Fees.
Client agrees to pay a fee if Client hires or retains a candidate,In any capacity,referred by Manpower within one(1)year after that
candidate was presented to Client,regardless of whether Client Ieamod of or could have learned of the candidate through other means.As
follows Is the fee payable,which is a fixed percentage of Compensailon'paid by Client:
R2.11.09
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Annualized Cote nation Feo•Poreonta e
Below 4p 000 1 15%
40Op0.$59,9990/1
00,000-$7%999 25%
$80,000 and above 30%
,'Compensatlon Includes base gross salary,gross compensation for services,Taos,wages,guaranteed andfor anticipated bonus and
commission earnings,to be made to the candidate during the first twelve(12)months of employment.
ADDITIONAL FEES
Description Foe
The Client cancels an assignmentwbthout providing twanty-four(24)hours notice prior to the Amount equal to the bill rate
commencement of the assignment. for 4 hours of woric
performed.
GUARANTEE FOR STAFFING SERVICES
In the event that Manpower removes an Assigned Employee pursuant to Section 1(d),Client will be relieved of the obligation to pay for the
first four(4)hours of work performed by that Asslgned Employee.
GUARANTEE FOR PERMANENT PLACEMENTSERVICES
Except for a Client-Initlated reduction In workforce,elimination of the position or Insufficient work for candidate,If a candidate hired by Client
Ls no longer employed by Client ninety(90)days after candidate's start date with Client,and provided that Client has paid all Invoices
asscclated vdth such candidate,Manpower will,on a one-time basis,use its best efforts to replace the candidate at no additional cost.
Nothing harm shall entitle Client to a refund of any fee paid to Manpower,
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Cupertino Standard Form Contract-updated 212015
Contract No.
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit,with City named as
additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate-all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts
of$1,000,000 will be considered equivalent to the required minimum limits
shown above.
(3) Automotive:
Excess automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
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Cupcniuo Standard Form Contract-updmed 7/2015
Contract No.
Exhibit E
City of Cupertino Consultant Declaration
Fingerprinting
The undersigned does hereby certify that:
1. I am a representative of ManpowerGroup US, Inc; that I am familiar with the facts
herein and am authorized and qualified to execute this declaration.
2. I declare that ManpowerGroup US, Inc. has complied with fingerprinting and criminal
background investigation requirements with respect to all Consultant's employees who
may have contact with minors in the course of providing services pursuant to the
Agreement, and the California Department of Justice has determined that none of those
employees has been convicted of a felony, as that term is defined in California Penal
Code Section 11105.3.
3. That a complete and accurate list of Consultant's employees is included below.
A List of all Consultant Employees Working for the City of Cupertino:
4. The City of Cupertino will be notified by Consultant of any new employees and will be
added to the above list prior to beginning work for the City of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
Date Place Consultant Signature
Staff Title:
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Cupertino Standard Form Contract-updated 2/2015