FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES

Transcription

1 FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES This Amendment (the 11 Amendment"), effective January I, 2015, is by and between the County of Sonoma, a political subdivision of the State of California (hereinafter "County"), and Manpower Incorporated, (hereinafter "Contractor"). All capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to those terms.in the existing agreement. RECITALS WHEREAS, Contractor represents that it is a duly qualified temporary employment services,.experienced in the delivery oftemporary help and related services; WHEREAS, County has been satisfied with the services ofcontractor.and desires to amend the Agreement to extend the term of the Agreement for an additional one year period from January l, 2015, to December 31, WHEREAS, the parties desire to amend the Agreement to include updated Scope ofwork language and updated Billing Rates for 2014/2015; NOW, THEREFORE, in consideration ofthe mutual covenants contained herein, the parties hereto agree as follows: AGREEMENT 1, Section 3. Term of Agreement.of the Agreeinent is ainended to reflect that the termination date of the Agreement shall be December 31, 2015, miless terminated earlier in accordance with the terms of the Agreement. 2. Section 5. Indemnification. Contractor agrees to accept all :responsibility for loss or damage to any person or entity, including but not.limited to County, and to defend, indemnify, hold harmless, reimburse and rel.ease County; its officei"s, agents, and employees, from and against ariy and.ah actions, claims, damages, liabilities, and expense including but not limited to attorneys' fees and the cost of litigation incurred in the defense of claims as to which this indemnity applies or incurred in an action by County to enforce the indemnity provisions herein, whether arising from personal injury, property damage or econoniic loss of any type, that may be asserted by any person or entity, including Contractor, arising out of or in connection with the performance of Contractor hereunder, whether or not there is concurrent negligence on the.part of County, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of County. If there is a possible obligation to indemnify, Contractor's duty to defend exists regardless of whether it is ultimately determined that there is a duty to indemnify. County shall have the right to select its own legal counsel at the expense of Contractor, subject to Contractor's approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under workers' Compensation acts, disability benefit acts, or other employee benefit acts. This indemnity provision survives the Agreement. S:\COMMON\Contracts\GENERAL FUND CONTRACTS\Manpower lnc(expires l 2-31~2014)\OJ to \Amehdment Exhibits\Manpower Incorporated IstAmendment 01~ to doc 1

2 3. Exhibit A of the original Agreement is de1eted and replaced with anew Exhibit A containing updated language in #20 and #21. "PeopleNef' timecard system replaced old "Direct Time" timecard system, attached to this Amendment and incorporated herein by this reference. 4. Exhibit B ofthe original Agreement is deleted and replaced with a new Exhibit B, attached to this Amendment and incorporated herein by this reference. 5. Except to the extent the Agreement is specifically amended or supplemented hereby, the Agreement and previous amendments; together with exhibits are, and shall continue to be, in full force and effect as originaijy executed, and nothing contained herein shall, or shall be construed to modify, invalidate or otherwise affect any provision of the Agreement, as amended, or any right ofcounty arising thereunder. 6. This Amendment.shall be governed by arid construed under the internal laws of the State of California, and any.action ta enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County ofsonoma. COUNTY AND CONTRACTOR HAVE CAREFULLY READ AND REVIEWED THIS AMENDMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS AMENDMENT, SHOW THEIR INFORMED ANDVQLUNTARY CONSENT THERETO. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. DATED: 1_f.7-..._"'+-b_11-+/_1..._i c I :!. I I B N II ~.t..~ t ~ ~ 11 ' ~ I T ' DATED: COUNTY: COUNTY OF SONOMA Ll 0/l~ DAIBD: By Purchasing Agent I I I. ~!a I ~~. ~ :l=attf.k Department Head.. APPROVED AS TO FORM BY COUNTY COUNSEL By: David McFadden Deputy County Counsel S:\COMMQN\Contracts\GENERAL FUND CONTRACTS\Manpower lnc(expires 12~ )\ ~3i-2015\Amendment Exhibits\Manpo'.\ier Incorporated!st. Amendment 01-01~2015 to doc 2

3 SCOPE OF SERVICES Manpower, Inc. EXHIBIT A contractor shall provide the following services to the County: 1. Master Service Plan Outline: Contractor will meet with County representatives to revise the implementation plan in place. 2. Department Service Plans: Contractor will make every effort to ensure Contractor's written work or service plan with each County department and/or subdivisions thereof is revised prior to January 1; The purpose of each work plan is to identify the service ne.eds of the department and its subdivisions, any specialized orientation or services requested by the department, performance/service delivery expectations, any performance benchmark testing desired, pre-placement background checks to be conducted, referral or business protocols to be followed, contact names, emergency information, quality improvement checks or meetings; and identification of the jobs most likely ordered their duties and requisite qualifications. Each service plan shall be updated at least annually, and shall be accessible to County upon request. 3. Recruitm.ent: Contractor will ensure a sufficient number of qualified persons are readily available to meet County's temporary help needs by aggressively recruiting such individuals for assignment at the County as represented on pages 14~15 ofcontractor's proposal 4. Pre-Placement Screening and Selection Services: Contractor shallensure only qualified individuals are assigned to work atthe County by using the screening and selection processes/methodologies stated on pages 15..;21 of Contractor's. proposal. Any job-related screening service specific to. the department's work planwoufd be observed. No temporary worker assigned toworkatthe County shall have a felony conviction. 5. Orientation Services: Contractor will provide Contractor's standard orientation as stated on pages ofcontractor's proposal, and anyspecial orientation services requested by County to each of Contractor's temporary workers priorto assignment at the County. 6. Ordering: Contractor will accept orders placed by phone, fax, , and/or Web-Order entry. Regardless of the method used to place an order, Contractor wirt provide quick order fulfillment, as stated on pages of Contractoris proposal, and any needed follow-up to ensure the most qualified personnel are assigned to work at the County. 7. Confirmation Calls: Contractor shall contactthe County representative whom placed an order to confirm the order has been filled or provide a status report within the following time frame, as stated on the Contractor's proposal: a. Two (2) hours of receipt of an order placed with less than 24-hours notice of the desired arrival time. b. The same business day for an order placed with 2-3 days' advance notice ofthe desired start time. c. Dafly or a preset date mutually agreed upon for an order placed with more than 2-3 days' advance notice of the desired start time.

4 '! Contractor will perform a First Day Call to the Supervisor on each associate's first day on the job, as indicated on page 25 of the Contractor's proposal, to confirm safe arrival. Contractor will make performance follow-up calls once a week for the first month and once a month thereafter for long-term assignments. Contractor will address performance issues. 8. Service Guarantee: In the event that a temporary staffing employee does not initially meet performance standards, the Co.ntractor agrees to the Service Guarantee which relieves the County of obligation to pay for the first eight hours worked by the assigned employees, as stated on page 25 of the Contractor's proposal. 9. Account Assessment Services: County will have the opportunity to meet with Contractor representatives upon request. Contractor will request from County representatives and share with County feedback regarding Contractor's service.delivery and Contractor's temporary worker performance appraisals. Contractor advocates for quarterly business review meetings and will meet with department and/or senior County management representatives to give program updates,. share customer satisfaction statistics, setgoals for the upcoming quarter, and solve recurring issues. 10. Temporary Staff Supervision, Evaluation and Follow-Up Services: Contractor will utilize the Quality PerformanceProgram (QPP) as stated in pages of the Contractor's proposal to manage and monitor quality throughout the organization. County agrees to supervise and control the work, premises, processes, and systems to be performed by Contractor's assigned empfoyees, and to review, and approve the corresponding wotk product. In addition, the County witl control the development, quality and implementation ofthe work product Day Limit Notification: Contractor shall notify the designated County representatives of any employee of Contractor on assignment at the Coun'ty who is approaching the 90-day limit imposed by Government Code Ca.titractor shall notify the associate's supervisor, and County HR, in the manner stated on pages ofcontractor's proposal. 12. Billing/Invoices: Contractor will provide accurate and timely weekly billings for Contractor's services in the mannerrepresented on pages of Contractor's proposal. Contractor will provide electronic invoicing to County representatives who prefer electronic invoicing. The County agrees to payment terms of Net Reporting Services: Contractorwill provide County with the customized reporting services stated on pages of Contractor's proposal. 14. Transition of Services: Contractor agrees to allow any associate assigned to work at the County to transition employment from Contractor to County extra-help at any time within the. 90 day period without cost to County or Contractor'stemporary worker. 15. Background Checks: Contractor will charge County only the costof background check services charged Contractor by the consumer-reporting agency used to conduct the background investigation, as stated in AttachmentB of the Contractor's proposal. Contractor shall notify County of any change in the consumer reporting agency used and/or pricing in advance of orders being placed and invoices submitted for payment. 16. Cost Discount: Contractor will provide the same cost discounts to any new job classification added to the Agreement as that provided to at.her jobs in the same job category in Contractor's October 12, 2011proposal.

5 17. Value-Added Services at no additional cost to the County, as stat.ed in Contractor's proposal dated October 12, Typing Certification: County applicants and employees can earn typing certification through Contractor's typing test. The test is administered for no charge to the applicant or employee. 19. Customized Reporting and Invoicing: Contractorwill provide County with bilhng and reporting options to capture data on temporary staffing usage asstated on page34 ofcontractor's proposal. 20. PeopleNet: Contractor's "PeopleNet" time capturing tool will be available to the County to track ana report the hours and days of Contractor's.associates work. Contractor's representatives will provide assistance with the system as needed. 21. PeopfeNet Reporting Access: Contractor will provide access to County managers, Human Resources; or payroll staff upon request, as stated on page 34 ofcontractor's proposal Electronic Invoicing and Payments: Contractor will provide the ability to invoice the County through post-marked mail service or electronically, as stated onpage 34 of Contractor's proposal. 23~ Safety Training: Contractor Will ensure associates.are well informed about safety so they are prepared to follow the County's work praqtices and safety rules, as stated on page 34 of Contractor's proposal. 24. Customized Orientation: Contractor will provide a customized orientation to associates designated for County assignments, as stated on page 35 of Contractor's proposal. 25. Training Services: Contractor will provide training services to the County, as stated on page 35 of Contractor's proposal. 26. Assessment Services: Contractor will provide computer-based assessmentservices to the County, as stated on page 35 ofcontractor's proposal. 27. Behavioral Interviewing Services: Contractor will provide behavioral interviewing services as stated on page 35 of Contractor's proposal. 28. Recruitment/Retention Programs: Contractor will utilize recruitmentand retention programs as stated on page 35 of Contractor's proposal. 29. Test Profiling and Benchmarking: Contractor will utilize validated tests to provide Test Profiling, and Benchmarking, as stated on page 35 of Contractor's proposal. 30. Account Management: Contractor will provide a customized variety of workforce solutions for the County, as stated on page 35 of Contractor's proposal. 31. Implementation.& Transition Expertise: Contractor will provide a team of dedicated project management specialists to work directly with the County, as indicated on page 35 of Contractor's proposal.

6 32. Predictable Performance System Plus: Contractor will utilize the Predictable Performance System Plus, as stated on page 35 ofcontractor's proposal. 33. Minority and Women-Owned Business Connections: Contractor will utilize partnerships with minority and women-owned businesses as stated on page 35 of Contractor's proposal. 34. Transaction Process Management: Contractor will utilize web-based tools as stated on page 35 of Contractor's proposal.

7 I / Exhibit B County of Sonoma/Manpower Bill Rates Bill Rate 2015 Job Class Bill Rates Adjustments Bill Rates Account Clerk I $ % $17.76 Account Clerk II $ % $19.95 Account Clerk fl! $ % $21.42 Accountant I $ % $28.96 Administrative Aide $ % $22.88 Administrative Aide Bilingual $ % $24.00 Agricultural Assistant $18A4 4.20% $19.21 Case Management Specialist $ % $26.01 Clerical Helper $ % $14.09 cook $ % $21.29 Data Entry Operator II $ % $18.49 Department Analyst $ % $34.14 Executive Secretary $ % $24.72 Health Information Specialist $ % $28.76 Information Technology Analystll $ % $ Legal Processor I $ % $17.76 Legal Processor II $ % $19.95 Mail Clerk $ % $16.43 Maintenance Worker I $ % $19.28 Materials Handler $ % $20.85 Medical Transcriber $ % $23.62 Office Assistant I $ %.. $15.55 Office Assistant II $ %.$17.02 Office Assistant It-Bilingual $ % $18.12 Receptionist $ % $18.12 Secretary $ % $21.42 Senior Office Assistant $ % $19.21 Senior Office Assistant-Bilingual $ % $20.32 Storekeeper (Warehouse) $ % $22.58 Sr. Storekeeper (Warehouse) $ % $26.03 Telephone Operator $ % $17.76 Systems Support Technician $ % $31.40 Senior SystemsSupportTechnician $ % $36.61 Communications Technician I/II $ % $33.48 Geographical Information Systems Technician I/II $ % $54.84 Programmer Analyst $ % $61.61 Senior Programmer Analyst $ % $69.95 Network Analyst $ % $50.15 Senior Network Analyst $ % $59.53 Systems Software Analyst $ % $62.66 lnformation Systems Project Manager $ % $73.08 Department Information Technician I/II $ % $36.61