Approved Agreements and Contracts Staffing Services Agreement Boys and Girls Club 04-12-22

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                     Agenda Item Review Form
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                        Muskegon City Commission

Commission Meeting Date: April 12, 2022               Title: Staffing Services Agreement (BGCML)

Submitted By: Dan VanderHeide                         Department: Public Works

Brief Summary:
Staff is requesting authorization to contract with the Boys and Girls Club of the Muskegon
Lakeshore (BGCML) for temporary staffing services during the 2022 maintenance season.

Detailed Summary:
During 2021 the City entered into a pilot program with Community encompass, a neighborhood
services organization, to proyide youth from their support programs as temporary staffing services
helping the Department of Pubtic Works maintain City parks. The pilot program was successful, and
this year the Boys & Girls Club reached out to the City seeking to enter into a similar agreement.
The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in
consultation with DPW identified two service areas that they would be well suited for:
   1. Landscape maintenance, waste-removal and general support in the BID area downtown.
   2. Restroom cleaning and waste removal at Beukema, Reese, Sheldon and McCrea parks.
DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The
staffing provided by this agreement will take the place of an approximately equal number of our
typical seasonal employees, helping DPW fill our roster during the labor shortage and providing
employment and training for younger community members.
Temporary staffing is accounted for in the annual budget of the departments that use these services.
The employees under this agreement are included in the parks (general) fund budget, and the
Business Improvement District (BID), via reimbursement.

Amount Requested: Approximately $67,200              Amount Budgeted: $67,200 in FY22 and in FY23

Fund(s) or Account(s): 101, 202, 203                 Fund(s) or Account(s): 101, 202, 203

Recommended Motion:
Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2022 maintenance season.

Check if the following Departments need to approve the item first:
Police Dept.  D
Fire Dept.   D
IT Dept. □
For City Clerk Use Only:
Commission Action:

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                            CITY OF MUSKEGON

        This Agreement is effective upon execution between the City of Muskegon, a Michigan
 municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City") and the Boys and
 Girls Club of the Muskegon Lakeshore, of 900 W Western Avenue, Muskegon, MI 49441
 ("Contractor") with reference to the following facts:


A.     Contractor requested to partner with the Public Works Department to maintain parks,
       landscaping and other facilities throughout the city.

B.     Contractor agreed to provide approximately eight staff in two teams of approximately four
       each, with one supervisor per team, to support the Public Works Department in maintaining
       the parks, landscaping and other facilities.

 NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
 hereby acknowledged, the parties agree as follows:

1.     Services. Contractor shall provide the following services:

       a.      In the area known as the Business Improvement District (BID), including nearby
               parks and city properties, maintaining flower beds and other landscaping by
               removing weeds and other undesirable plants and items, turf maintenance using
               push mowers and other hand-operated equipment, picking up loose debris and
               refuse (trash), emptying refuse containers, and performing other cleaning and
               maintenance tasks as designated by Public Works Department Staff.

       b.      Picking up loose debris and refuse (trash), emptying refuse containers, cleaning
               restrooms, and performing other cleaning and maintenance tasks as designated by
               Public Works Department Staff in parks and other City-owned properties. This
               effort is primarily envisioned at Beukema Playfield, Reese Playfield, Sheldon Park,
               and McCrea Playfield, however other parks or properties may be assigned by Public
               Works Department Staff in consultation with Contractor.

       c.      During the months of June, July and August, the contractor will provide up to 35
               hours oflabor per week per employee. During April, May, September and October,
               the contractor will provide a reduced workforce to support critical efforts. The
               employees are students and will not have as much availability during the school

2.     Equipment. The City shall supply safety equipment mandated for employees while on
       assignment with the City, together with other equipment described herein.

BGCML Temporary Staffing Service Agreement                                            Page 1 of6
       a.      The City shall supply hand-operated equipment that directly supports the tasks
               described in this agreement and other duties as assigned by Public Works
               Department Staff in consultation with the Contractor; examples of this equipment
               includes hand-operated lawn mowers, string trimmers, leaf blowers, hand tools
               such as rakes and spades, and cleaning equipment such as brushes and bottles. The
               City will provide materials to support the efforts, such as gasoline, string line, paper
               towel(s), cleaning solutions and refuse bags.

       b.      If available for use, the City may supply a self-propelled utility cart to assist with
               refuse disposal, carrying equipment and staff relocation, based from a facility
               within or near the BID, for Contractor's use. All operators of such a cart must be
               licensed within the State of Michigan to operate a motor vehicle and carry a current
               driver's license. The City will provide materials to support the cart, such as

       c.      If available for use, the City may supply a motor vehicle and/or utility trailer to
               assist with refuse disposal, carrying equipment and staff relocation, based from the
               City's Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for
               Contractor's use. All operators of such a vehicle and/or utility trailer must be
               licensed within the State of Michigan to operate a motor vehicle and carry a current
               driver's license. The City will provide materials to support the vehicle, such as

       d.      The City will perform any required maintenance on City-owned equipment. The
               City reserves the right, in its sole discretion, to withdraw the use of equipment if
               deemed in the best interest of the City. Any damage caused to rented or borrowed
               equipment is the responsibility of the Contractor.

       e.      In the event the City is unable to provide equipment, and upon written approval
               from City, the Contractor may rent equipment that is deemed necessary for the
               Services. The City will provide materials to support rented equipment, such as
               gasoline and other consumables not included in rental costs. Maintenance of rented
               equipment shall be the responsibility of the Contractor. The City will reimburse the
               cost of the equipment rental at actual cost, including maintenance costs.

3.     Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
       related to the performance of its duties under this Agreement, except as described in
       Section 2.e of this agreement.

4.     Contract Billing. City agrees to pay Contractor, in full consideration for the complete
       performance of Contractor's obligations under this Agreement:

       a.      Youth will be paid at a rate of $12/hour.

       b.      Supervisors will be paid at a rate of $15/hour.

BGCML Temporary Staffing Service Agreement                                                Page 2 of6
4/15/22 - 10/31/22
       c.      For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and
               administrative costs. Expenses, when reimbursable, will be billed at actual cost.

5.     Payment. Contractor shall submit detailed invoices on a monthly basis for the prior
       month's services. Payments according to this agreement are invoiced and paid on a
       monthly basis. Requests for payment shall be submitted on a detailed invoice to the City
       monthly for the previous month. The City agrees that payment shall be due on net 30-day

6.     Specific Reservations. City reserves the right to discontinue its use of temporary
       employees from contractor as it determines appropriate.

7.     Terms and Termination. This Agreement shall be effective on the date of execution, and
       shall remain in full force and at the same tem1s through October 31, 2022, with an option
       to renew for an additional term, if mutually agreed upon by both parties as memorialized
       in a written and signed agreement.

8.     Commencement and Damages.

       a.      Commencement. Contractor shall commence performance under this Agreement
               upon its execution.

               The City shall notify Contractor of any violation of the Agreement. It shall be the
               duty of Contractor to remedy a Contractor violation.

               Failure to pe1form pursuant to this Agreement for a period in excess of five (5)
               consecutive scheduled, working days, or failure for a similar period, to perform in
               the manner required, and provided such failure is not a result of war, insurrection,
               riots, or acts of God, the City may, at its option and after written notice to
               Contractor, utilize any or all of Contractor's equipment used in performance of this
               Agreement until such time the matter is resolved and the Contractor is performing
               under the terms of the Agreement.

       b.      Appeal. The City's determination regarding damages shall be final and binding on
               both parties unless appealed, in writing, to the City Manager or his designee within
               ten (10) working days after notice. The City Manager or his designee shall grant
               Contractor an informal hearing upon such request. The decision of the City
               Manager shall be final and binding.

9.     Insurance and Indemnity.

       a.      City Insurance Requirement. The contractor, and any and all of their
               subcontractors, shall not commence work under this contract until they have
               obtained the insurance required under this paragraph, and shall keep such insurance
               in force during the entire life of this contract. All coverage shall be with insurance
               companies licensed and admitted to do business in the State of Michigan and

BGCML Temporary Staffing Service Agreement                                               Page 3 of6
4/15/22- 10/31/22
               acceptable to City of Muskegon. The requirements below should not be interpreted
               to limit the liability of the Contractor. All deductibles and SIRs are the
               responsibility of the Contractor.

       b.      Worker's Compensation Insurance, including Employers' Liability Coverage, in
               accordance with all applicable statutes of the State of Michigan.

       c.      Commercial General Liability Insurance on an "Occurrence Basis" with limits
               of liability not less than $1,000,000 per occunence and aggregate. Coverage shall
               include the following extensions: (A) Contractual Liability; (B) Products and
               Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form
               General Liability Extensions or equivalent, if not already included; (E) Deletion of
               all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

       d.      Automobile Liability, including Michigan No-Fault Coverages, with limits of
               liability not less than $1,000,000 per occurrence combined single limit for Bodily
               Injury, and Property Damage. Coverage shall include all owned vehicles, all non-
               owned vehicles, and all hired vehicles

       e.      Additional Insured: Commercial General Liability and Automobile Liability, as
               described above, shall include an endorsement stating the following shall be
               Additional Insureds: The City of Muskegon, all elected and appointed officials, all
               employees and volunteers, agents, all boards, commissions, and/or authorities and
               board members, including employees and volunteers thereof. It is understood and
               agreed by naming the City of Muskegon as additional insured, coverage afforded
               is considered to be primary and any other insurance the City of Muskegon may
               have in effect shall be considered secondary and/or excess.

       f.      Cancellation Notice: Worker's Compensation Insurance, Commercial General
               Liability Insurance, and Automobile Liability Insurance, as described above, shall
               be endorsed to state the following: It is understood and agreed Thirty (30) days,
               Ten (10) days for non-payment of premium, Advance Written Notice of
               Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to:
               City of Muskegon, Finance and Administrative Services Director, 933 Tenace St,
               PO Box 536, Muskegon, Michigan 49443-0536.

       g.      Proof of Insurance Coverage. Contractor shall provide the City at the time the
               contracts are returned for execution, certificates and policies endorsing the City as
               additional insured as listed below:

               1.      Two (2) copies of Certificates of Insmance for Workers' Compensation
                       Insurance, if applicable;

               ii.     Two (2) copies of Certificate of Insurance for Commercial General Liability
                       Insurance; and

BGCML Temporary Staffing Service Agreement                                              Page4 of6
4/15/22- 10/31/22
               111.    If so requested, Certified Copies of all policies mentioned above will be

               If any of the above coverages expire during the tenn of this contract, Contractor
               shall deliver renewal ce1iificates and/or policies to City at least ten (10) days prior
               to the expiration date.

       h.     Indemnity. Contractor shall indemnify and save haimless the City against and from
              all costs, expenses, liabilities, claims, suits, action, and demands of every kind or
              nature, including reasonable attorney fees, by or on behalf of any person, party, or
              governmental authority whatsoever arising out of Contractor's services performed
              under this agreement, Contractor's failure to perform under this agreement,
              Contractor's use of City equipment, or Contractor's failure to comply with any
              laws, ordinances, requirements, orders, directions, rules, or regulations of any
              federal, state, county, or local governmental authority.

10.    Income Tax Withholding. Contractor shall withhold income taxes from each employee,
       and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all
       applicable laws associated with that ordinance. Contractor shall require the same from
       each subcontractor, consultant or vendor used in the performance of his duties and
       obligations in this Agreement. City reserves the right to withhold payments otherwise due
       to Contractor to assure compliance with this Agreement or to cure such noncompliance.

11.    General Provisions.

       a.     Notices. Any notice that either party may give or is required to give under this
              Agreement shall be in writing, specify the position, department and location
              assigned, and, if mailed, shall be effective on the day it is delivered to the other
              party at the other party's address set forth in this Agreement or at any other address
              that the other party provides in writing. Notices given in person are effective on the
              day they are given. Notices to the City must copy the City Attorney at 601 Te1Tace
              St., Muskegon, MI 49440.

       b.     Governing Law. This Agreement is executed in accordance with, shall be
              governed by, and construed and interpreted in accordance with, the laws of the State
              of Michigan.

       c.     Assignment or Delegation. Neither party shall assign all nor any portion of its
              rights nor obligations contained in this Agreement without express prior written
              approval of the other paiiy, which approval may be withheld in the other party's
              sole discretion.

       d.     Entire Agreement. This Agreement and the documents specified in section 1 shall
              constitute the entire agreement, and shall supersede any other Agreements, written
              or oral, that may have been made or entered into, by, and between the parties with
              respect to the subject matter of this Agreement, and shall not be modified or

BGCML Temporary Staffmg Service Agreement                                                Page 5 of6
4/15/22 -10/31/22
t   •.

                        amended except in a subsequent writing signed by the party against whom
                        enforcement is sought.

                e.      Binding Effect. This Agreement shall be binding upon, and to the benefit of, and
                        be enforceable by, the parties and their respective legal representatives, permitted
                        successors, and assigns.

                f.      Waiver. City may waive all or any portion of damages without prejudicing its
                        rights under this Agreement.

                g.      Severability. Should any one or more of the provisions of this Agreement be
                        determined to be invalid, unlawful, or unenforceable in any respect, the validity,
                        legality, and enforceability of the remaining provisions ofthis agreement shall not
                        in any way be impaired or affected.

                h.      Venue. The parties agree that, for purposes of any dispute in connection with this
                        Agreement, the Muskegon County District or Circuit Court shall have exclusive
                        personal and subject matter jurisdiction and venue.

                1.      Survival. All representations, warranties, and covenants in this Agreement shall
                        survive the signing of this Agreement.

                J.      Written Clarification. In the event that there are inconsistencies within the
                        Agreement, the Contractor shall immediately notify the City, in writing, for a
                        determination, interpretation, clarification and/or prioritization of the

                 City and Contractor have executed this Agreement on the date written next to their
          signatures to be effective according to the term(s) stated in this document.

         Date: _ _ _L--_{  l_d_1__~2022                   CITY OF MUSKEGON

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                                                                          -J.JL_...:.:_.:::.. _-==""""""-     ---
                                                              ~~ Mayor

                                                             ~-             -" "-----
                                                                                 ~ ~- -~
                                                                                       - -- -
                                                                               Ann Meisch, Clerk

                                             ,2022        BOYS AND GIRLS CLUB OF
                                                          THE MUSKEGON LAKESHORE

         BGCML Temporary Staffing Service Agreement                                                         Page 6 of6

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