Approved Agreements and Contracts Staffing Services Agreement EnCompass 04-12-22

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                     Agenda Item Review Form
                                                  us                            GO
                        Muskegon City Commission

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

Submitted By: Dan VanderHeide                         Department: Public Works

Brief Summary:
Staff is requesting authorization to contract with Community encompass 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 provide youth from their support programs as temporary staffing services
helping the Department of Public Works maintain City parks. The pilot program was successful, and
Community encompass has requested to repeat the arrangement again in 2022.
Community encompass anticipates providing approximately 10 to 15 staff split into teams of up to
5, and in consultation with DPW identified services they would be well suited for. The services will
include restroom cleaning and waste removal at Marsh Field, McLaughlin Community Park, Clara
Shepherd Park, the Dog Park, and Campbell Field. Other parks or properties may be added
depending on staffing availability.
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.

Amount Requested : Approx. $110,700                  Amount Budgeted : $110,700 in FY22 and in FY23

Fund(s) or Account(s) : 101-70751 -5346              Fund(s) or Account(s): 101 -70751 -5346

Recommended Motion :
Authorize staff to contract with Community encompass 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.   0
For City Clerk Use Only:
Commission Action:
                            CITY OF MUSKEGON

        This Agreement is effective upon execution between the City of Muskegon, a Michigan
 municipal corporation, of 933 Ten-ace Street, Muskegon, MI 49440 ("City") and Community
 encompass, of 1105 Te1Tace Street, Muskegon, MI 49442 ("Contractor"), with reference to the
 following facts:

A.     Contractor requested to pmtner with the Public Works Department to maintain parks,
       landscaping and other facilities throughout the city, primarily in the McLaughlin and
       Nelson neighborhoods.

B.     Contractor agrees to provide approximately ten to fifteen staff: with one supervisor per
       team of four to five students, to support the Public Works Depmtment 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.      Picking up loose debris and refuse (trash), emptying refuse containers, cleaning
               restrooms, maintaining landscaping by removing weeds and other undesirable
               plants and items, and performing other cleaning and maintenance tasks as
               designated by Public Works Department Staff in parks and other City-owned
               properties. This effo1t is primarily envisioned at Marsh Field, McLaughlin
               Community Park, Clara Shepherd Park, the Dog Park, and Campbell Field,
               however other parks or propetiies may be assigned by Public Works Depatiment
               Staff in consultation with Contractor.

       b.      During the months of June, July and August, the contractor will provide up to 35
               hours of labor per week per employee. During September and October, the
               contractor will provide a reduced workforce to support critical eff01ts. The
               employees are students and will not have as much availability during the school
               year. ,

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

       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
               Depmtment Staff in consultation with the Contractor; examples of this equipment

Community encompass Temporary Staffing Services Agreement                           Page I of6
6 / 1/22 - I 0/31/22
               includes 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
               paper towel(s), cleaning solutions and refuse bags.

       b.      If available for use, the City may supply a motor vehicle and/or utility trailer to
               assist with refuse disposal, can-ying 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 cany a current
               driver's license. The City will provide materials to support the vehicle, such as

       c.      The City will perfo1111 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 supplied
               equipment is the responsibility of the Contractor.

       d.      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 ofrented
               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 incuned by Contractor
       related to the perfonnance of its duties under this Agreement, except as described in
       Section 2.d of this agreement.

4.     Contract Billing. City agrees to pay Contractor, in full consideration for the complete
       perfonnance 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.

       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 detennines appropriate.

Community encompass Temporary Staffing Services Agreement                              Page 2 of6
7.     Terms and Termination. This Agreement shall be effective on the date of execution, and
       shall remain in full force and at the same terms 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 perform 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 perfo1mance of this
               Agreement until such time the matter is resolved and the Contractor is perfonning
               under the terms of the Agreement.

       b.      Appeal. The City's determination regarding damages shall be final and binding on
               both patties 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 infonnal 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
               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 occurrence and aggregate. Coverage shall
               include the following extensions: (A) Contractual Liability; (B) Products and
               Completed Operations; (C) Independent Contractors Coverage; (D) Broad Fonn

Community encompass Temporary Staffing Se1vices Agreement                                Page 3 of6
6 /l /22 - l 0/31/22
               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 occunence 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 Thi1ty (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 Terrace 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, ce1tificates and policies endorsing the City as
               additional insured as listed below:

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

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

               iii.    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 certificates and/or policies to City at least ten ( 10) days prior
               to the expiration date.

       h.      Indemnity. Contractor shall indemnify and save hannless 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 perfonned

Community encompass Temporary Staffing Services Agreement                                  Page 4 of 6
6/1 /22 - 10/31/22
               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 clue
       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, depaitment and location
               assigned, and, if mailed, shall be effective on the day it is delivered to the other
               patty 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 Terrace
               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 party, which approval may be withheld in the other party's
               sole discretion.

       cl.     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
               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 patties and their respective legal representatives, pe1mitted
               successors, and assigns.

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

       g.      Severability. Should any one or more of the provisions of this Agreement be

Community encompass Temporary Staffing Services Agreement                                Page 5 of6
6/l /22 - 10/31/22
               detenninecl to be invalid, unlawful, or unenforceable in any respect, the validity,
               legality, and enforceability of the remaining provisions of this 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.      \Vritten 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: _ _LJ______,__/_
                   ยท~ _9_ _ _ ,2022                CITY OF MUSKEGON

                                                   By: ~

                                                   An~~ ~~        Ann Meisch, Clerk

Date:_ _ _ _ _ _ _ _ _ ,2022                       COMMUNITY ENCOMPASS

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