Approved Agreements and Contracts YEP Partnership 06-22-2021

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                     Agenda Item Review Form
                                                  us                             GO
                        Muskegon City Commission

Commission Meeting Date: June 22 nd , 2021             Title: YEP Partnership

Submitted By: Leo Evans                                Department: Public Works


Brief Summary:
Staff is seeking authorization to enter into an agreement with Community Encompass through their
YEP (Youth Empowerment Program) to provide seasonal staffing services within the City.

Detailed Summary:
Staff has struggled to hire an adequate number of seasonal staff to provide the expected level of
services throughout the city. Stc:1ff anticipated a need to hire approximately 30-35 seasonal workers
within DPW to provide services primarily within the Parks and Cemetery Departments throughout the
peak tourist seasons in 2021. To date we have been able to fill approximately 15 of those vacancies
through our current contractual relationship with GoodTemps.

As such staff reached out to Community Encompass to see if there would be a possibility through the
YEP program for Community Encompass to provide crew(s) of workers that could be utilized to
perform seasonal duties that would normally be provided through GoodTemps staff.

Community Encompass was able to meet that commitment as outlined in the attached agreement
which would see approximately 10-12 kids employed through Community Encompass working for the
City of Muskegon in a seasonal capacity. Workers in this program are generally high school aged
students that do not meet the age requirements to be employed for the city through GoodTemps .

The er:nployees in these positions would be assigned to light duties including mowing, weed whipping,
trash collection within the social district, bathroom cleaning, and other low-risk duties that would not
involve the use of heavy equipment or the operation of City vehicles. YEP Crews would consist of 3-4
workers and a crew supervisor. The crew supervisor would be responsible to work in partnership with
City DPW staff to identify and prioritize tasks throughout the work week.

Community Encompass would invoice the city for the labor expenses + markup in the same manner
that is done by GoodTemps.

Community Encompass will provide supervision and transportation for the workers. City will provide
equipment and supplies for use by the crews .

The cost of this program is already contained within the Contractual Services line items of multiple city
budgets and would not represent a cost increase to the city rather the cost would be deferred away
from expenses related to employing staff through GoodTemps. If fully utilized staff estimates the value
of this contract at approximately $100,000 .
City staff supports this partnership as a way to help us achieve our proper staffing levels for the
summer season and maintain the expected level of service within the City. This program can also
serve as an introduction for students in the YEP program to learn about potential career paths within
the City and help us address the longer term systemic issues we have obtaining qualified applicants
for many of our positions.

Amount Requested: $100,000                           Amount Budgeted: $100,000

Fund(s) or Account(s):                               Fund(s) or Account(s):
101-70276/70751-5346                                 101-70276/70751-5346
(Cemeteries & Parks)                                 (Cemeteries & Parks)

Recommended Motion:
Authorize staff to enter into the attached agreement with Community Encompass to provide seasonal workers
through their YEP program.

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:
                                                                                                 \\'11>l , lkhliaN'1 Shortlll'lt tlt.,
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                           CITY OF MUSKEGON

       This Agreement is effective upon execution between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City")
and Community enCompass, of 1105 Terrace Street, Muskegon, MI 49444
("Contractor") with reference to the following facts:


   A.        City requested to have Community encompass partner with the Public Works
             Depaitment to maintain the parks and cemeteries throughout the city, but
             primarily within the McLaughlin and Nelson neighborhoods.

   B.        Contractor agreed to provide 10-15 youth with 1 supervisor per team of
             4-5 students. to supp01t the public works department in maintaining the
             parks and cemeteries.

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

This Agreement constitutes the Agreement between the paities and is the sole document
involved in providing the services listed.

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 inconsistencies.

        1.     Services. Contractor shall provide the following services

                       a. Mowing and Trimming at to be determined locations within the City,
                          but primarily focused within the Nelson and McLaughlin

                       b. Other additional light maintenance and cleaning services as mutually
                          agreed upon, but similar in nature to work performed by City
                          Seasonal Staff.

                       c. During the months of June - August, the contractor will provide up
                          to 36 hours of labor per week per employee. During September and
                          October, the contractor will provide a reduced workforce to support
Community encompass Temporary Staffing Service
Agreement 6/1/21 -10/31/21
                         leaf disposal. The employees are students and will not have as much
                         availability in the fall.

        2.     Eguipment. The City shall supply all the lawn and safety equipment
mandated for employees while on assignment with the City. Examples of this equipment
includes lawn mowers, gas for the lawn mowers, trimmers, line for the string trimers, rakes
as well as any maintenance required on the equipment

       3.     Expenses. Contractor shall be responsible to pay for all expenses
incurred by Contractor related to the performance of its duties under this Agreement.

       4.     Contract Billin1:. 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
         c.      For all positions, contractor will bill a markup of 37.5% to cover taxes,
                 insurance and administrative costs.

        5.     Payment. Contractor shall submit detailed invoices on a weekly basis for
the prior week's services. Payments according to this agreement are invoiced and paid on a
weekly basis. Requests for payment shall be submitted on a detailed invoice to the City
weekly for the previous week. The City agrees that payment shall be due on NET 14 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 terms through October 31, 2021,
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 performance of this Agreement until such time the matter is
resolved and the Contractor is performing under the terms of the Agreement.
Community encompass Temporary Staffing Service
Agreement 6/1/21 -10/31/21
               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 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 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,
Muskegon, Michigan 49443-0536).

Community encompass Temporary Staffing Service
Agreement 6/1/21 -10/31/21
                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 Insurance for
                                   Workers' Compensation Insurance, if applicable;

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

                          111.     If so requested, Certified Copies of all policies mentioned
                                   above will be furnished.

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

        10.    Income Tax Withholdin~. 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

         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.

                 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
p01iion 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 paiiies with
respect to the subject matter of this Agreement, and shall not be modified or amended except
in a subsequent writing signed by the paiiy against whom enforcement is sought.

                  e.       Binding Effect. This Agreement shall be binding upon, and to the
Community encompass Temporary Staffing Service
Agreement 6/1/21 -10/31/21
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 of this agreement shall not
in any way be impaired or affected.

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

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

       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:w -,2021

                                                     Ann Marie Meisch, MMC
                                                     City Clerk

          Date: /, /_-z..'(                 _~           ~ -..!);:;,=========::::::::::=-
                                          ~                                                  ~

                                          Executive Director
                                                    Community enCompass

Community encompass Temporary Staffing Service
Agreement 6/1/21 -10/31/21
Affirmative Action
(23 l )724-6703
FAX (231)722-1214

Equalization Co.
FAX (231)724-1129

(231 )724-6783
FAX (23 l )724-4188                                  West Michigan's Shoreline City
City Manager
(23 1)724-6724
FAX (231)722-1214     June 7, 2021
(231 )724-6705        Mayor Stephen Gawron
FAX (231)724-4178
                      Muskegon City Hall
Comm. & Neigh.
                      933 Terrace Street
(23 l )724-67 l 7     Muskegon, MI 49440
FAX (231)726-2501

Computer Info.
(231)724-4126         Re:    Conflict of Interest: Community en Compass
FAX (231)722-4301

Engineering           Dear Mayor Gawron:
(23 l )724-6707
FAX (231)727-6904
                      The City of Muskegon is considering entering into a contract with Bethany Housing Ministries d/b/a
(231)724-6713         Community en Compass ("Community encompass"). As a City Commissioner for the City of
FAX (231 )726-2325    Muskegon, the following letter is provided.
Fire Department
(23 l )724-6795
FAX (231 )724-6985
                      As you are aware, I am employed by Community enCompass. More specifically, I am the Director of
                      Homeless Services, which focuses solely on providing housing services and financial assistance to
Human Resources
Co. (Civil Service)   individuals who are homeless or at risk of becoming homeless, which includes eviction prevention
(231 )Wl-6442         services. I oversee 25 full-time and paii-time employees and a budget of approximately$ 7.9 million,
FAX (231)724-6840
                      including the COVID Emergency Rental Assistance program.
Income Tax
(231 )724-6770
FAX (231)724-6768     It is my understanding that the City of Muskegon is seeking to enter into a contract with Community
Mayor's Office
                      enCompass to help provide the City with seasonal staffing services. The City needs to hire 30-35
(231)724-6701         seasonal employees. The City currently has a contract with two temporary employment services, but
FAX (23 I )722-1214
                      they have been able to fill only 11 of those vacancies as of June 2, 2021. Community enCompass
Planning/Zoning       believes it will be able to fill 10-12 vacancies from its Youth Empowerment Program (YEP). The
(231 )724-6702
FAX (23 1)724-6790    YEP Youth program provides early work experiences for children in low to moderate income
Police Department
                      households and provides educational opportunities promoting leadership skills. Approximately 21
(231)724-6750         high school youth are involved, with an anticipated budget of approximately $100,000.
FAX (231 )722-5140

Public Works          I receive no direct benefit from the City funding this program. I have no involvement in the YEP
FAX (231 )722-4188    Youth Program. The programs I oversee do not receive any monies from the YEP Youth Program.
                      My salary will not change based upon whether the City of Muskegon funds or does not fund the YEP
(Inspections)         Youth Program.
(23 l )724-6715
FAX (231)728-4371
                      I do not foresee any indirect benefit from the City funding this program. I have no lmowledge as to
(231)724-6720         whether any of the money proposed for this program would go towards general operating expenses of
FAX (231)724-6768     Community enCompass. Further, it would be unlikely that anyone participating in one of my
Water Billing         programs would also benefit from the YEP Youth Program.
FAX (231)724-6768

Water Filtration
FAX (231)755-5290            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536

                                                 West Michigan's Shoreline City

I have had no involvement or discussions, either with      '-tyof'Muskegon's staff or Community encompass' staff,
concerning this matter.

If you have any questions, please feel free to c ntact me.

Very truly yours .

Michael Ramsey

C:     Ann Meisch
       Leo Evans
       Frank Peterson

                         City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536

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