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Home My WebLink AboutPSA - Creative Financial Staffing, LLC - Permanent Placement of the Director of Financial Services for the SBFD1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 28, 2017 Stacy Forrester Creative Financial Staffing, LLC 330 East Jefferson Blvd. South Bend, IN 46624 RE: Professional Services Agreement Dear Ms. Forrester: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on March 28, 2017, approved the above referenced agreement for permanent placement of the Director of Financial Services for the South Bend Fire Department in the amount of $7,500. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: John Murphy, Administration and Finance Jen Hockenhull, Administration and Finance GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU L CREATIVE FINANCIAL STAFFING City of South Bend Fire Department 1222 S. Michigan Street South Bend, MI 46601- ATTN: Todd Skwarcan Conversion fee for Danny Cocanower Payment Terms: Within 10 days of candidate Start Date: 2/20/17 PLEASE ENCLOSE REMITTANCE COPY OF THIS INVOICE AND SEND PAYMENT TO: Creative Financial Staffing LLC P.O. Box 95111 Chicago, IL 60694.51 I1 03/05/2017 DATE OF INVOICE No: 11709803 J TERMS —NET 10 DAYS date I I I I $7,500.00 TO INSURE PROPER CREDIT, PLEASE INDICATE INVOICE NUMBER ON hereby certify that the attached invoice(s). or bill(s), is(are) true and correct and that the materials or services thereon for which charge is made were ordered and received except: Date Signature (Department Head or Designee) Title I hereby certify that the attached mvoiceis). or bill(s). is(are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. Date (for Coraroners orrice) AAPAOVED l�+rrd of Puklic Worfce �L. �»r«n 1� .,.,,,.,,. Jennifer Hockenhull From: Carrie Jenkins <cjenkins@cfstaffing.com> Sent: Thursday, March 16, 2017 5:31 PM To: Jennifer Hockenhull Subject: CFS follow up Follow Up Flag: Follow up Flag Status: Flagged March 16, 2017 Jennifer Hockenhull City of South Bend 1200 County City Building South Bend, IN 46601 Dear Jennifer, Founded by CPA firms 227 W. Jefferson Blvd., 12th floor Thank you for choosing Creative Financial Staffing, LLC (together with its Parent company, Creative Financial Staffing, Inc., "CFS") to fulfill your temporary need. Our employee assigned (sometimes referred to as the "Assigned Individual") is As we agreed, your company will pay CFS at the billing rate of $ for each hour the Assigned Individual works for your company (unless the employee works more than 40 hours per week or otherwise becomes entitled to a pay premium under applicable law - see overtime provision below). Our employee is assigned to you under the following Terms and Conditions of Assignment: The Assigned Individual is an employee of CFS, but shall work under your supervision, direction and control and shall not be deemed to be your employee. CFS represents that its employee is adequately covered by workers' compensation insurance. CFS will be responsible for paying wages, federal and state withholding taxes, social security taxes, unemployment taxes and all other payroll taxes. Timesheet CFS utilizes an online timesheet system in which the Assigned Individual will enter his or her hours and submit them to you via email at the end of the week for approval. The email you receive will include a link to our employee's timesheet. At this time, please review the hours worked, place your initials in the yellow box and check the approval box (nothing is needed for the PIN box). If the hours are incorrect, please address this specifically in the "Notes" section and click DO NOT APPROVE. The timesheet will then be returned to our employee to make adjustments. Timesheets need to be approved no later than 10:00am on Mondays unless noted otherwise. Our compensation to our assigned employee is weekly, and you will be billed weekly for the total hours worked. Because our invoices represent labor already paid to our employee, terms are net 10 days. Overtime Governing law requires that hours worked over 40 per week be paid as overtime. Therefore, overtime will be billed at one and one-half the billing rate. If state or local law requires premium pay for other hours worked by the employee, such as weekends or holidays, the billing rate will likewise be increased by the applicable multiple for such hours. Guarantee CFS guarantees the Assigned Individual's services with a two day (16 hour) guarantee. If you are dissatisfied with the employee assigned to you, we will not charge you for the first 16 hours if you request a replacement from us and you notify CFS before the end of the employee's second day. If you do not so notify CFS, you agree our employee is satisfactory. Except as otherwise expressly provided in this Agreement, neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages. Patient Protection and Affordable Care Act (ACA) CFS complies with all provisions of the ACA applicable to Assigned Employees, including the employer shared responsibility provisions relating to the offer of "minimum essential coverage" to "full-time" employees (as those terms are defined in Code §4980H and related regulations) and the applicable employer information reporting provisions under Code §6055 and §6056 and related regulations. CFS shall be solely responsible for, and shall reimburse, indemnify and hold you harmless (hereafter referred to as "Client Indemnity") for any taxes, penalties, or other liabilities assessed against CFS or you with respect to the Assigned Individual due to CFS's failure to comply with Code §4980H(b). In no event shall this Client Indemnity apply to the abuse by you of any law, regulation or other guidance under the ACA. This indemnity shall be the sole indemnification provision as it relates to the ACA. In the event you are notified by any government entity of your potential liability for any such taxes, penalties, or other liabilities relating to the Assigned Individual, you shall fully cooperate, at CFS's reasonable expense, with such efforts as may be necessary to object to or appeal any determination of liability or potential liability. Client's Responsibility You will only use the employee in the job for which he or she was assigned by CFS. Supervision of the employee and his or her conduct is your responsibility. It is understood that we do not authorize our employee to operate machinery (other than office machines) or vehicles or to do any physical work. Our employee may not handle cash, negotiable instruments or other valuables. Our employees may not transport or convey cash, negotiable instruments or other valuables (including, but not limited to, delivering bank deposits to a bank or other institution). You will not ask or allow our employee to do any of these activities without our advance written consent. You also agree not to expose any CFS employee to any unnecessary hazard and not to violate any OSHA or other safety law, rule or regulation. If you ask or allow an employee to do any of the activities just listed in this paragraph, you agree to waive all claims against CFS, to relieve CFS of all responsibility or liability for any damage, loss or expense which you incur because of the employee engaging in such activity, and to indemnify and hold CFS harmless from and against all claims (including bodily injury, property damage, fire, theft, collision or public liability damage claims), damages, losses and expenses which might be caused because of our employee engaging in any of these activities. Under no circumstance will CFS be liable for any claims of any kind unless you report such claims in writing to CFS within 30 calendar days of the occurrence. Charges for Hiring the Temporary Person Referred to You. In the event that during the Assigned Individual's Assignment, or within twelve months after the last working of the Assigned Individual Assignment, you or any of your affiliates or clients directly hire the Assigned Individual or utilize the services of the Assigned Individual as an independent contractor or consultant, as part of a temporary pool, or through another staffing firm you agree to pay CFS a placement fee, which is due in full at the time of such direct hire or other utilization. The placement fee shall be calculated at thirty percent (30%) of the individual's first year anticipated annual pay. CFS will discount the fee by 3% after each month of temporary service. Prior to 1 month .... 30% After 1 month ....... 27% After 2 months ..... 24% After 3 months ..... 21% After 4 months ..... 18% After 5 months ..... 15% ACCEPTANCE OF OUR ASSIGNED EMPLOYEE CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS By permitting the Assigned Individual to commence his or her assignment, you agree to the foregoing terms and conditions. You further agree to reimburse CFS for all expenses and reasonable attorney's fees it may incur to enforce any provision of this Agreement. These terms and conditions will also be incorporated in and agreed to when you approve the Assigned Individual's timesheet. CFS prides itself on its high level of customer service and we want to make sure your experience with CFS is a positive one. Thank you again for choosing CFS. We value your business and appreciate this opportunity to service your current staffing needs. Best Regards, Carrie Jenkins, SPHR Managing Director, Business Development 574.263.0053 1 cienkinsna cfstaffing corn 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 23, 2016 Ms. Connie Jenkins Creative Financial Staffing, LLC. PO Box 7 330 East Jefferson Blvd South Bend, IN 46624 RE: Professional Services Agreement — Fiscal Agent Assistance Dear Ms. Jenkins: PHONE 574/235-925I FAX 574/235-9171 The Board of Public Works, at its meeting held on February 23, 2016, approved the above referenced agreement in the amount of $51.00 per hour, not to exceed $30,000.00, Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Todd Skwarcan, A/C Services GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Department Date 2/16/16 BPW Date 2/23/16 Phone Name Todd Skwarcan, A/C -Services Fire 9255 o Legal ® Attorney Name Michael Schmidt o Controller review is required for all Contracts $5,000.00 or more 6 0 o Controller Eland greater than one year in length per the City Purchasing (D o m Policy Purchasing ❑ George King Check the ADoronriate Item Tvoe — Reauired for All Submissions ® Agreement ❑ Contract ❑ Proposal I ❑ Addendum ❑ Claim Bid OpeningEl Bid Award ElReg. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ 6❑ Ch Order No. C/O & PCA No. ❑PCA Ease./Encroach. ❑ Traffic Control Resolution ❑ Other: Reauired Information Company or Vendor Name Creative Financial Staffing New Vendor ❑ Yes ® No El If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE Project Name Project Number Funding Source Professional Services Account No. 101.0901.422.31-06 Amount $ 51/hourly rate; shall not exceed the sum of $30,000, Terms of Contract Expiration date May 15, 2016 Purpose/Description Assist fiscal agent with projects as assigned. For Chanoe_Orders Only Amount of ❑ ❑ Increase Decrease $ $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % PO No. Copy Original ® ❑ Dispersal After Approval Todd Skwarcan AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND CREATIVE FINANCIAL SERVICES, LLC (City of South Bend Fire Department) THIS AGREEMENT is made effective the 9'" day of February, 2016 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ("City") and Creative Financial Services, LLC, a Foreign Limited Liability Company licensed to conduct business in the State of Indiana and having its principal place of business at One International Place, 16'h Floor, Boston, Massachusetts, 02110, and having a local business office at 330 East Jefferson Boulevard, South Bend, Indiana 46601 ("Contractor"). For and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A"attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor shall be paid an hourly rate of Fifty-one and 00/100 Dollars ($51.00) per hour. The total consideration under this Agreement shall not exceed the sum of Thirty thousand and 00/100 Dollars ($30,000.00). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code 5- 17-5. Section 3. Term and Renewal. This Agreement shall be effective for a period of approximately 90 days commencing on February 15, 2016 ("Effective Date") and shall end on May 15, 2016 ("Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement for an additional period of time after the Expiration Date, subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees) or agent(s) of one party shall not be deemed or construed to be the employce(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 8. Entire Agreement, This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. Section 10. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Neither Contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Federal department or agency. S—ki-PrOfCS11.11 Cn,ativc Financial StafangAdn, and Financo—FMA!_140312 Section 11. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the workeligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently teams is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. , Section 12. Minority and Womens Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terns, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business Enterprise ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall -persons or entities seeking the award of a City contract be required to award a subcontract to tail MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBP,/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Services-Frofaaional Croetive Financial WrIng-Ad. and Finance_ r34AL_140312 Section 13. Corporate Authority. The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. (Signature Page Follows) SOMM-Ptofcssionnl_Cmativc Financial Staffing Adm and Finance_ F44AL_140312 Exhibit A Scope of Work Project Accountant ® Assist fiscal agent with projects as assigned IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. 330 East Jefferson Blvd. Street Address P.O. Box 7 P.O. Box South Bend, IN 46624 City, State Zip 674-263-0068 Telephone CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIQWQRKS Gary mot Ja es Mueller C_-- Elizabeth Maradik Signature Page to Service Agreement by and between Board of Public Works and Creative Financial Staffing, LLC, dated February 9, 2016. 5 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 3/21 /17 Jen Hockenhull Department A/F BPW Date 3/28/17 Phone Extension 9822 Required Prior to Submittal to Board Legal—_® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing Check the Appropriate Item Type — Required for All Submissions El Agreement Ll Contract ❑ Proposal ❑ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Required Information Company or Vendor Name Creative Financial Staffing (CFS) New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBEM/BE Contractor Requested ❑ No ❑ Yes Name of Company Permanent Placement — Director of Financial Services — Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description General Fund 101-0401-415-3106 7,500.00 Public of 1/1/17). Attached original temporary services agreement as well as the standard CFS agreement. Placement fee was decreased to 12.5% due to original arrangement with Fire's agreements upon temporary placement. This is less than the standard 15-30% placement fee per the contract. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) For Change Orders On Amount of Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Dispersal After Approval Copy Original ® ❑ John H Murphy