AgdaPkt 2005-08-22 - Laserfiche WebLink

Browse Search

REPORT To the Honorable Mayor and City Council From the City Manager August 22, 2005 Subject Temporary labor Services Recommendation By Motion, approve Amendment No.2 to the agreement with Bay Span, Inc. of Vallejo, CA, to modify language and extend the agreement through June 30, 2006. Background On April 30, 2005, the City Manager approved an agreement with Bay Span, Inc. for temporary labor services in the amount of $60,000 through June 30,2005. On May 23, 2005, the City Council approved Amendment No.1 extending the agreement to December 31, 2005 at the same unit prices and increased the not-to-exceed amount to $190,000. Shortly after the amendment approval, Bay Span changed liability insurance carriers. The new insurance carrier has requested modifications to the language in the agreement. Public Works Services staff worked with Bay Span, the City Attorney's office, staff with the Bay Cities Joint Powers Assurance Authority and the City's Finance Director to develop the language workable for both parties. The language proposed reduces the City's liability coverage from Bay Span. However, temporary labor is directed by City staff and the level of workers worksite liability risk with the temporary employees is similar to that of regular full-time City workers in both opportunity and cause. Staff is able to manage the work assignment of the temporary workers to minimize risk to the City. Staff believes the agreement language and worker assignments present an acceptable risk level for the City's liability protection. Bay Span requested language acknowledging that their employees are under the assignment of the City and that Bay Span has limited control over what the workers are assigned to perform. This is the basis for the change in language request about indemnification. Staff concurred with the wording request although could not reduce the indemnity language as much as Bay Span requested. Additionally included in the recommended language changes, the City will receive a waiver of subrogation for any workers compensation injuries incurred by Bay Span workers. Staff believes this covers the greatest risk to the City. The Public Works Services Department utilizes temporary labor services to fill short term gaps in full-time regular employee positions that are created by vacancies, budget reductions, and/or seasonal peaks in work load. The temporary labor is used to supplement the streets maintenance subprogram for seasonal leaf vacuum and the paving crew which has been reduced to four regular employees (from eight in fiscal year 02-03). Funds for temporary labor were approved by Council in the FY 05-06 Public Works Services operating budget. Temporary Labor Services Amendment2 Page 1 of 2