PROFESSIONAL CONSULTANT SERVICES AGREEMENT
PEAK TECHNICAL SERVICES, INC.
Temporary Employment Services— RFP No. 1726)
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (" Agreement") is made and entered into this 1 2th day of June 2018 (" Effective Date"), by and between the CITY OF RIVERSIDE(" City"), a California charter city and municipal corporation and PEAK TECHNICAL SERVICES, INC., a Pennsylvania corporation authorized to do business in California (" Consultant").
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit " A," " Scope of Services" (" Services"), attachedhereto and incorporated herein by reference, in conjunction with Temporary Employment Services— RPF No. 1726 (`' Project").
2. Term. This Agreement shall be effective on the date first written above and remain in effect until June 30, 2019, unless otherwise terminated pursuant to the provisions herein
3. Compensation/ Payment. Consultant shall perform the Services under this Agreement in accordance with the terms set forth in Exhibit B payable in accordance with the terms set forth in Exhibit B. Said payment shall be made in accordancewith City' s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the servicesperformed.
The invoices shall be deliveredto City at the addresssetforth in Section4 hereof.
4. Notices. Any noticesrequiredto be given,hereundershall bein writing andshallbe personally served or given by mail. Any notice given by mail shall be deemedgiven when deposited in the United StatesMail, certified andpostageprepaid, addressedto the party to be servedas follows:
To City To Consultant
Human Resources Department Peak Technical Services, Inc.
City of Riverside Attn: Ben Seversky
Attn: Colene Torres 1528 Brookhollow Drive, Suite 300
3900 Main Street Santa Ana, CA 92606
Riverside, CA 92522
1 5. Prevailing Wage. If applicable, Consultant and all subcontractors arerequired to pay thegeneralprevailingwageratesof perdiemwagesandovertimeandholidaywagesdeterminedby the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code andimplemented by Resolution No. 13346of the City Council of the City of Riverside.
The Director' s determination is available on- line at
www. dir. ca. gov/ dlsr/ DPreWageDetermination. htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully setforth herein.
6. Contract Administration. A designeeof theCity will beappointedin writing by the City Manageror DepartmentDirector to administerthis Agreementon behalfof City andshallbe referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services,Consultantshallexercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonablediligence and bestjudgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessaryto perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. Thekey personnellistedin Exhibit" C" attachedheretoandincorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unlessotherwise mutually agreedby the parties in writing, or causedby hardship or resignation in which casesubstitutesshall be subjectto City approval.
9. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledgesthat any assignmentmay, at the City' s sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall containaprovision making themsubjectto all provisionsstipulatedin this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agreesthat the City is anintended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of carebetween any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant' s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledgesand agreesthat the City hasno obligation to pay or withhold stateor federal taxesor to provide workers' compensation or unemployment insurance to Consultant, or to Consultant' s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for anyand all taxesthat apply to Consultantasan employer. 2 11. Indemnification.
11. 1 Design Professional Defined. For purposes of this Agreement, " Design Professional" includes the following:
A. An individual licensed asan architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordancewith that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3. 5 commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 ( commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11. 2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City' s employees, officers, managers, agents and council members( collectively the" Parties to be Defended") from and against anyand all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not causedin part by the negligenceof anIndemnified Party. Consultantagreesto provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonabledefense costs for claims arising out of Consultant's professional negligence based on the percentageof Consultant' s liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant' s Services under this Agreement.
11. 3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect andhold harmlessthe City and the City' s employees, officers, managers, agents, and Council Members(" Indemnified Parties") from andagainstanyandall claim for damage, charge, lawsuit, action,judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense ( including counsel and expert fees), judgment, civil fines and penalties, 3 liabilities or lossesof any kind or nature whatsoeverto the extent the samearise out of, pertain to, or relate to the negligence, recklessnessor willful misconduct of Consultant, or anyoneemployed by or working underthe Consultantor for servicesrenderedto the Consultant in the performanceof the Agreement,notwithstanding that the City may havebenefited from its work or servicesandwhether or not causedin part by the negligence of an Indemnified Party.
11. 4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City' s employees, officers, managers, agents and council members( collectively the" Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings,administrative proceedings, regulatoryproceedings, or otherlegal proceedingswhich ariseout of, or relateto, or arein anyway connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employedby or working underthe Consultant,or 2) anybreachof the Agreementby theConsultant.
This duty to defendshall applywhetheror not suchclaims,allegations,lawsuitsorproceedingshave merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury.
Consultant agreesto provide this defense immediately upon written notice from the City, and with well qualified, adequatelyinsured andexperiencedlegal counselacceptableto City. This obligation to defendassetforth herein is binding on the successors, assignsandheirs of Consultant and shall survive the termination of Consultant' s Services under this Agreement.
11. 5 Indemnity For Other Than Design Professional Liability. Except asto the sole negligence or willful misconduct of the City, Consultant agreesto indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel andexpert fees),judgment, civil fine andpenalties, liabilities or lossesof any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12. 1 General Provisions. Prior to the City' s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. Therating andrequiredinsurancepolicies andcoveragesmaybe modified in writing by the City' sRisk Manager or City Attorney, or a designee,unlesssuchmodification is prohibited by law.
12. 1. 1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant' sindemnification obligations under Section 11hereof. 4 12.1.2 Ratings. Any insurancepolicy or coverageprovided by Consultantor subcontractors asrequired by this Agreement shall be deemedinadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with apolicy holder' srating of A or higher and a Financial Class of VII or higher.
12. 1. 3 Cancellation. The policies shall not be canceledunlessthirty ( 30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12. 1. 4 Adequacy. The City, its officers, employees and agents make no representationthat the typesor limits of insurancespecified to be carried by Consultant pursuantto this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant' s sole expense.
12. 2 Workers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Codeof the Stateof California requiring everyemployerto be insuredagainstliability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carrytheinsuranceor provide for self-insurancerequiredby California law to protectsaidConsultant from claimsunderthe Workers' CompensationAct. Prior to City' s executionof this Agreement, Consultantshall file with City either 1) a certificateof insuranceshowingthat suchinsuranceis in effect, or that Consultant is self- insured for such coverage, or 2) a certified statement that Consultant hasno employees, and acknowledgingthat if Consultantdoesemploy any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten( 10) days' prior written notice before modification or cancellation thereof.
12. 3 Commercial General Liability and Automobile Insurance. Prior to City' s executionof this Agreement,Consultantshallobtain,andshallthereaftermaintainduringthetermof this Agreement, commercial generalliability insuranceandautomobile liability insuranceasrequired toinsureConsultantagainstdamagesfor personalinjury, includingaccidentaldeath,aswell asfrom claims for property damage, which may arise from or which may concernoperationsby anyone directly or indirectly employedby, connectedwith, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant' s insurance policies.
12.3.1 Consultant'scommercialgeneralliability insurancepolicy shallcover both bodily injury (including death) andproperty damage (including, but not limited to, premises operationsliability, products-completedoperationsliability, independentcontractor's liability, personal injury liability, and contractual liability) in an amount not less than $ 1,000, 000 per occurrence and a general aggregate limit in the amount of not less than $ 2, 000, 000.
12.3.2 Consultant'sautomobileliability policy shallcoverbothbodily injury and property damage in an amount not less than$ 1,000, 000 per occurrence and an aggregate limit of 5 not less than $ 1, 000, 000. All of Consultant' s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant' s performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant' s employee vehicles, non- Consultant owned vehicles and hired vehicles.
12. 3. 3 Prior to City' s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsementsacceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City andits officers, employeesand agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurancepolicies, but shall include the following provisions:
It is agreedthat the City of Riverside, andits officers, employeesandagents, are addedasadditional insuredsunder this policy, solely for work doneby and on behalf of the named insured for the City of Riverside.
12.3.4 The insurancepolicy or policies shall also comply with the following provisions:
a. The policy shall be endorsedto waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insuranceprovided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
12. 4 Errors and Omissions Insurance. Prior to City' s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $ 1, 000, 000 to protect the City from claims resulting from the Consultant' s activities.
12. 5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damageor lossthat may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial GeneralLiability, ErrorsandOmissions,andAutomobile liability. Upon City' srequest, Consultant shall provide City with satisfactory evidencethat Subcontractorshave obtainedinsurance policies and coveragesrequired by this section.
6 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agreesthat Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep suchtax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essencefor each and every provision of this Agreement.
15. City' s Right to Employ Other Consultants. City reservesthe right to employ other Consultants in connection with the Project. If the City is required to employ another consultant to complete Consultant' s work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accuraterecords with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow arepresentative of City during normal businesshours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas,memoranda, specifications,plans,procedures,drawings, configurations, descriptions, computer program data or network or system information, input record data, written information, and other materials either createdby or provided to Consultant, and Consultant' s employees, subcontractors and agents in connection with the performance of this Agreement shall be held confidential by Consultant andits employee, exceptasotherwise directed by City' sContractAdministrator. Nothing furnishedto Consultantwhich is otherwiseknownto the Consultantor is generallyknown, or hasbecomeknown, to the related industry shall be deemed confidential. Consultantshall not useCity' s nameor insignia, photographsof the Project, or any publicity pertaining to the Servicesor theProjectin anymagazine,tradepaper,newspaper,television or radio production, website, or other similar medium without the prior written consent of the City.
This provision shall survive the expiration or the termination of this Agreement.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverablespreparedunderthis Agreementby Consultantshallbeandremainthepropertyof City.
Consultant shall not releaseto othersinformation furnished by City without prior expresswritten approval of City. This provision shall survive the expiration or the termination of this Agreement.
19. Copyrights. Consultantagreesthat anywork preparedfor City which is eligible for copyright protection in the United Statesor elsewhereshall be a work madefor hire. If any such work is deemedfor any reasonnot to be awork made for hire, Consultant assignsall right, title and interestin thecopyrightin suchwork,andall extensionsandrenewalsthereof,to City, andagreesto provide all assistance reasonably requested by City in the establishment, preservation and enforcementof its copyright in suchwork, suchassistanceto be provided at City's expensebut without any additional compensation to Consultant. Consultant agrees to waive all moral rights 7 relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. This provision shall survive the expiration or termination of this Agreement.
20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit" C," representsandwarrantsthat by the execution of this Agreement, they haveno interest, presentor contemplated,in theProjectaffectedby theabove-describedServices. Consultantfurther warrants that neither Consultant, nor the individuals listed in Exhibit " C" have anyreal property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrantsthat Consultanthasnot employed or retainedany person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to securethis Agreement. For breachof this warranty, City shall have the right to terminate this Agreement without liability andpay Consultantonly for the valueof work Consultanthasactuallyperformed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, stateandlocal lawsandordinancesandregulationswhich in anymanneraffect thoseemployedby Consultant, or in any way affect the performanceof servicesby Consultant pursuant to this Agreement. Consultant shall at all times observeand comply with all such laws, ordinancesand regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessarylicensesto perform the Scopeof Servicesandthat suchlicensesarein goodstanding.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of anyright or duty afforded City underthis Agreement, nor shall any such action or failure to act constitute approval of or acquiescencein any breachthereunder,exceptasmay be specifically, provided in this Agreementor asmay be otherwiseagreedin writing.
24. Amendments. This Agreement may be modified or amendedonly by a written agreementand/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminateanyor all of Consultant'sservicesandwork coveredby this Agreementatanytime. In the event of suchtermination, Consultant may submit Consultant'sfinal written statementof the amount of Consultant' s services as of the date of such termination based upon the ratio that the work completedbearsto thetotal work requiredto makethereportcomplete, subjectto the City' srights underSections15and26hereof. In ascertainingthework actuallyrenderedthroughthetermination 8 date, City shall consider completed work, work in progress andcomplete and incomplete reports and other documents only after delivered to City.
25. 1 Other than as stated below, City shall give Consultant thirty( 30) days' prior written notice prior to termination.
25. 2 City may terminate this Agreement upon fifteen ( 15) days' written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultantacknowledgesandagreesthatwith respectto anybusinesstax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly begiven to Consultantby City in writing. In theeventof adisputeasto the amountowedor whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not beassignedby Consultant,either in whole or in part, exceptasotherwiseprovided in paragraph9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the partiesheretofor the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of the County of Riverside, Stateof California, andthe partiesherebywaive all provisions of law providing for achangeof venuein suchproceedingsto anyothercounty. Intheeventeitherparty heretoshall bring suit to enforceanyterm of this Agreementor to recoveranydamagesfor andon accountof the breachof any term or condition of this Agreement, it is mutually agreedthat each party will bear their own attorney' s fees and costs.
29. Nondiscrimination. During Consultant' sperformance of this Agreement, Consultant shall not discriminateon the groundsof race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, genderidentity, genderexpression, or sexualorientation, military andveteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/ or restriction, in whole and/ or in part, of this Agreement is declared invalid, 9 unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
31. Authority. The individuals executing this Agreement andthe instruments referenced hereinonbehalf of Consultanteachrepresentandwarrantthat they havethelegal power,right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statementof the terms of the agreementbetween the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party hasbeeninduced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33. 1 Titles and captions arefor convenience of reference only and do not define, describeor limit the scopeor theintent of theAgreementor anyof its terms. Referenceto section numbers, areto sectionsin the Agreement unlessexpressly statedotherwise.
33. 2 This Agreement shall be governedby and construed in accordancewith the laws of the State of California in effect at the time of the execution of this Agreement.
33. 3 In the eventof aconflict betweenthebody of this AgreementandExhibit" A" Scopeof Serviceshereto, the termscontainedin Exhibit" A" shallbe controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit " A" - Scope of Services
Exhibit " B" - Compensation
Exhibit " C" - Key Personnel
10 IN WITNESSWHEREOF, City andConsultanthavecausedthis Agreementto be duly executedthe day and year first above written.
CITY OF RIVERSIDE, a California PEAK TECHNICAL SERVICES, INC., charter city and municipal corporation a Pennsylvania corporation authorized to do a California co business in California
By:
Assistant . ty Mana:
Rafael Guzman
Date: June 27, 2118 c L E LYerfc'
Printed Name]
Attes : _ 4LL_ Title]
110-rk
Approved as to Form: By:
h / %ice /
By:
r
Printed Name
Depu City Attorney 0
Title]
Certified asto Availability of Funds:
By: 1
ief Fin. cial Officer/ Treasurer
18. 0048
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II
SCOPE OF SERVICES
EXHIBIT" A"
ConsultantshallmeetCity's temporaryserviceneedsin a responsiveandcost-effectivemanner bysupplyingtemporarypersonnelonan"asneeded"basisbyvariousCitydepartments.Thiswill becoordinatedby theHumanResourcesDepartmentafterthenormalinternalCityapproval process.NoemployeeshallbeplacedinapositionbyConsultantuntilproperapprovalhasbeen obtained from the Human Resources Department
It is understoodandagreedthatanypersonnelassignedto theCityisanemployeeofConsultant andall wages, vacation/holidaypay, insuranceandtaxesrelatingto theiremploymentis the responsibilityof the Consultant
ManagementSummaryReports:
A. ReportingRequirements
1. Monthly Summary Report — The temporary service agency shall provide management summaryreportson a monthlybasisand/or asrequestedby the City. Suchreportsshall include, but are not limited to:
a. Name of employee
b. City department
c. City supervisor
d. Start/ Hire Date in current position
e. Total hours worked from start date in current position f. Regular hours worked
g. Overtime hours worked
h. Wages paid
Monthlyreportswill be submittedthroughemailto ikbrown(a)riversideca.govno laterthanthe 10th of each month for hours worked the previous month.
B. Daily Hours Worked Reports— Uponrequestfrom theCity theagencymustprovideboth dailyandtotalhoursworkedalongwith hourlywagespaidin a giventimeframe.
C. Hours of Work
Normaloperatingworkhoursarebetween8a.m. and5 p.m. in a forty-hourworkweek, butmay vary according to specific needs.
D. Employment Offer
TheCity reservestherightto hireanemployeeof theagencyandreservestherightto doso withoutpenaltyor feeaftertheemployeeof theagencyhasworkedattheCity for aperiodof sixty( 60) days.
E. Job Descriptions
When a requestis submittedand approvedthrough the City' s internal process,the requesting departmentwill provide morespecific detailsif necessaryto clarify particular areasof needed expertise.Thetemporaryworkerofferedby theagencyshallmeetorexceedthequalifications listedin theassociatedjob description. Proofmaybe requiredat the option of the City. A more comprehensive list of job classifications can be accessedthrough the City website at www. riversideca. gov/ human along with the appropriate job descriptions.
EXHIBIT" B"
COMPENSATION
RFP 1726- Addendum No. 2
Exhibit A- Rate Sheet
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A': h" l' istra ,!•.: 14.1.!tas?t- to$
Firiance Revenue Representatitve 1S to So
Finance Account Clerk it to S
Finance Accountant
Finance Accounting Tech to$
nnance Sr isiccountrrig' Tech S
Finance Customer Service Rep to 5
Labor/ Field/ Skilled General Service Worker Si io 5 14 1 tabor/ Field/ Skilled Outreach Worker
LaoariFieldiSkitiati custodian to S
Labor/ Field/ Skilled Mechank 25 00 • 35. 0035, 00 45 Para- Professional Prc; ect Assistant 5 / 5. 00 to 5 30, 00 40 Para- Protessionat Workers' Compensation Assistant to$
Professional Administrative Analyst 5 32, 00 to$ 45. 00 40 q, i Profess/ canal Claims Examiner to$ vt.
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Profe5¢ onaJ Project manager 49. 00_ to$, 65 00 40
Technical Tthnicat Writer 25: 66 to- $ 40. 00 40 %
PE- Technical Etuf' fing Confidentiai Page 8
Technical Database Developer 49. 00 to$ 58. 00 40 % I
Technical Engineering Aide 22. 00 to$ 29. 00 40 96
Technical EngineeringTechnician 28. 00 tos 46. 00 45 96 Technical Assistant Planner 21. 00 to$ 28. 00 40 %
PeakTechnicalServices,Inc dba PEAKTechnicalStaffingUSA
SCOPE OF SERVICES AND RATES 07/ 17/ 2017- 09/ 05/ 2020
WeoffertheCityof Riversidethe followinghourlyrateschedulefor theperiodbeginningJuly17,2017with approvalof the Agreement by the RiversideCity Council and executed by its designeeto September 0S,2020, with the option of two one-year renewal by mutual consent, not to exceedthe date of June 30, 2022.
PEAK Technical Staffing Confidential Page 9
EXHIBIT" C"
KEY PERSONNEL
WEST COAST BIOS of KEY INDIVIDUALS
Ben Seversky is the RegionalVice President of PeakTechnicalStaffing USA West Coast offices located in California: Oceanside/ San DiegoIrvine/ Orange County, Woodland Hills/ L.A. And Santa Clara/ San Jose, He started the first PEAK West Coast office in 1990 and has been with PEAKfor over twenty- four( 24) years, dedicated to our West Coastregional expansion, Ben has been in the temporary technical staffing field providing Engineering and Information Technology Professionals for both Manpower Inc. and Technical Aid Corporation since 1975.
Ben obtained his 8A degree from the University of Massachusetts. He is the a past President and a past Director of the NTSA ( National Technical Services Association) and currently active with California Staffing Professionals/ Southern California Chapter. He has been working in the temporary technical staffing industry since 1975' providing Engineering and Information Technology Specialistsin the following U.S. regions: New England, Northern California. and Southern California.
James Ledoux theLeudSta/ hnQK4anageratPEAKTechn/ ca| StaMing in Santa Ana, CA, James has been with PEAKsince February 2016, Overall, he has more than 25 years of experience in the Staffing Industry.
Prior to coming on board with PEAK, James spent 15 years at Volt Information Sciences as a Recruiting Manager for the National Accounts department, Program Manager in the Corporate Accounts Development department and Program Manager in the Enterprise Solutions department. His experience has atlowed him to develop strategic direction on national programs and deploy talent solutions. He has maintained consistent growth with assigned programs as well as in identifying and securing additional opportunities. Previous experience includes 10 years at Technical Aid Corporation where James started his career as a Technical Recruiter and later as an Account Manager. James received his 85 degree in Business Administration at California State University in Bakersfield, CA PEAK Technical Staffing USA Confidential Page 8
Southern California FullTime Staff Recruiters by Branch:
San Diego ( Oceanside) Branch: 9 Recruiters
Orange County( Santa Ana) Branch: 7 Recruiters
Los Angeles( Woodland Hills) Branch: 7 Recruiters
PEAK Technical Staffing USA Confidential Page 9
DEPARTMENT HEAD APPROVAL FORM
Contracts/ Agreements
DATE: 04/ 23/ 18 RFcFo4P
PARTIES: Peak Technical Services, Inc. R2
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PROJECT DESCRIPTION: Temporary Employment Services aM
SCOPE OF CONTRACT/ SERVICE: Temporary Employment Services IF AN AMENDMENT, REASON FOR AMENDMENT ( e. g., more time needed, additional scope added, extension permitted from original contract, etc.):
DEPARTMENT: Human Resources
BUDGET ACCOUNT ( GL Key and Object): 2100000- 421000
47 DEPT. HEAD APPROVAL: U
PROCUREMENT:
Verification that procurement of goods, services, construction, etc., was done in conjunction with the City' s purchasing policies and procedure:
X,j/ Formal Procurement ( Bid #, RFP #, panel, etc.): cJ i i • Informal Procurement ( Three quotes, single/ sole source, under non- bidding threshold, etc.):
Emergency Procurement ( date, event, etc.):
V Requisition Number: -' 1) 1) (
p;,:r, r, i r,,, pi r) _ 4 t) cptAri- rrgn;
4 Date Approved by City Council/ Board: + - r 2 - X Purchasing Division Validation: ' 5,AI ; Date: H t c f- u- e/i 7'• PS!' K' r c , U i
c), 1" i. i,
5 c
I r- s' : s- 1c. 4., a t f tAL/,< Z t e or,. C,n t PLEASE RETURN TO: City Clerk' s Office, Ext. 4276, DAlegria@riversideca. gov g:\ deptcommon\ masters\ agreements\ Dept Head Approval Slip_ 122017 ekttAI' C/ '/ — IV'' ' 0 C 1
AC® DATE( MM/ DD/ YYYY)
41/....../ 12/ 20/ 2017OF LIABILITY INSURANCE 12/ 20/ 2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER CONTACTTerranceThreatt
Assurance Agency, Ltd. PHONE FAX
One Century Centre A/ C. No. Ext): ( 312) 625- 5569 n/c, No):( 847) 440- 9126 1750 E. Golf Road ADDRIESS: [email protected] Schaumburg IL 60173- INSURER( S) AFFORDINGCOVERAGE NAIC# INSURER A: Zurich American Insurance Co 16535
INSURED INSURER B: Philadelphia Indemnity Ins Co 18058
Peak Technical Services, Inc.
583 Epsilon Drive INSURER C:
RIDC Park, O' Hara Township INSURER D:
Pittsburgh PA 15238 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 669470791 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
WLIMITSLTR INSD, VD POLICY NUMBER MM/ DD/ YYYY) ( MM/ DD/ YYYY) B X COMMERCIAL GENERAL LIABILITY PHPK1753205 1/ 1/ 2018 1/ 1/ 2019 EACH OCCURRENCE 1, 000, 000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR j l N PREMISES( Ea occurrence) $ 1, 000, 000 APPROVED MED EXP( Any one person) $ 20, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GE ' L AGGREGATE LIMIT APPLIES PER:
J GENERAL AGGREGATE _$ 2, 000, 000
PRO- IX POLICY JECT LOC PRODUCTS- COMP/ OPAGG $ 2, 000, 000 OTHER:
B AUTOMOBILE LIABILITY PHPK1753205 1/ 1/ 2018 1/ 1/ 2019 COMBINED SINGLE LIMIT Ea accident) 1, 000, 000
ANY AUTO BODILY INJURY( Per person) $
OWNED X
SCHEDULED BODILY INJURY( Per accident) $AUTOS ONLY AUTOS
X HIRED X
NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
UMBRELLA LIAB
1 OCCUR EACH OCCURRENCE
EXCESS LIAB
I l CLAIMS- MADE AGGREGATE
DED RETENTION$
A WORKERS COMPENSATION WC343482812 1/ 1/ 2018 1/ 1/ 2019 X j STATUTE 0TH
AND EMPLOYERS' LIABILITY Y/ N
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L.L. EACH ACCIDENT 1, 000, 000 OFFICER/ MEMBEREXCLUDED? N N/ A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $ 1,000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ 1, 000, 000 B Professional Liability( E& O) PHPK1753205 1/ 1/ 2018 1/ 1/2019 I$ 1, 000, 000 per occ. 2,000,000 agg.
I
I
I i
DESCRIPTIONOF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Cityof Riverside,andits officers,employeesand representativesare namedas additionalinsuredson the requiredgeneralliabilityand automobileliability policies, solely for work done by and on behalf of the named insured and for the City of Riverside.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
The City of Riverside
3900 Main Street
Riverside CA 92522 AUTHORIZED REPRESENTATIVE
I
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD
CITY COUNCIL COUNCILMEMBERS
AND
SUCCESSOR AGENCY TO THE GMSCMP A
Fn REDEVELOPMENT AGENCY RL UU NN CR A
MINUTES DEBDARMtiNNIER YS
EDRRT
CITY OF
TUESDAY, JUNE 12, 2018, 11: 30 A. M. R R 0 H
IZIVEI SIDE H1J
01 IOWA
AVENUNTER
HOBBY
E
E U u
Z S
ART PICK COUNCIL CHAMBER
Cityof Arts & Innovation CITY HALL
3900 MAIN STREET WARDS 1 2 3 4 5 6 7
PURCHASE OF FUEL PRODUCTS FOR CITY VEHICLES AND
EQUIPMENT
The City Council approved purchase and delivery of fuel products for City vehicles and equipment with The SoCo Group Inc., Riverside, in the amount of $ 1,300, 000 from General Services Department Central Garage Account through June 30, 2019, with the option to renew for two additional one- year periods.
AGREEMENT AMENDMENT - CHANGE ORDER AUTHORITY
INCREASE - UNARMED SECURITY GUARD SERVICES - VARIOUS CITY
FACILITIES
The City Council ( 1) approved the Fourth Amendment to Agreement for Unarmed Security Guard Services at Various City Facilities with Universal Protection Service, LP in the amount of $ 696, 419. 72 for an additional one year term through June 30, 2019, for a revised contract amount of 2, 717, 514. 01; ( 2) authorized 15 percent change order authority in the amount of $ 104, 462. 95 for unforeseen changes in service to include, but not limited to, requests to increase service frequency, addition of new City facilities, or to provide special or emergency security services, for a total contract amount of $ 2,821,976. 96; and ( 3) authorized the City Manager, or his designee, to execute the Fourth Amendment to Agreement for Unarmed Security Guard Services at various City facilities with Universal Protection Service, LP., including making minor and non- substantive changes.
PROFESSIONAL CONSULTANT SERVICES AGREEMENT - RFP 1726 -
TEMPORARY EMPLOYEE SERVICES
The City Council ( 1) approved the Professional Consultant Services Agreements, Request for Proposal ( RFP) 1726 for temporary employee services with Howroyd- Wright Employment Agency, Inc., dba AppleOne Employment Services, Kimco Staffing Services Inc., Peak Technical Staffing, Inc., and Total Placement Solutions, LLC dba Decton Li for services through June 30, 2019; and ( 2) authorized the City Manager, or his designee, to execute the Professional Consultant Services Agreements with Howroyd- Wright Employment Agency, Inc., dba AppleOne Employment Services, Kimco Staffing Services Inc., Peak Technical Staffing, Inc., Total Placement Solutions, LLC dba Decton Li, including making minor and non- substantive changes.
103- 335