HomeMy WebLinkAboutResolution - 2001-R0073 - Contract To Provide Temporary Employee Services - Temp. Help Services, Inc. - 02/22/2001Resolution No. 2001-R0073
February 22, 2001
Item No. 39
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract to provide
temporary employee services, RFP #274-00/1,R, by and between the City of Lubbock and
Lubbock Temporary Help Services, Inc., of Lubbock, Texas, and related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 22nd day of February , 2001.
qJ)/ / � 4 --IIA , h -J,
WINDY SITT-ON, MA
ATTEST:
Rebecca Garza, City Secretary �
APPROVED AS TO CONTENT:
Mary AndrefA
Managing Director of Human Resources
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs:/ccdocs/Cont-LubbockTempHelpServs,Inc.
Feb. 2, 2001
TEMPORARY EMPLOYEE SERVICES CONTRACT RFP#274-00/LR
THIS AGREEMENT, effective as of February 25, 2001, is made by and between
the City of Lubbock, referred herein as City, and Lubbock Temporary Help Services,
Inc., referred herein as Contractor.
WITNESSETH
WHEREAS, the City of Lubbock desires temporary employee service; and
WHEREAS, the Contractor employs a professional human resource staff that are
specialists in the flexible staffing industry and have a comprehensive recruiting program;
and
WHEREAS, the City desires to contract with Contractor to provide temporary
employee services to the City.
NOW THEREFORE, for and in consideration of the terms, covenants, and
conditions set forth in this Agreement, the City and Contractor hereby agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.01. The following terms shall have the following respective meanings
for all purposes under this Agreement, unless the context clearly requires
otherwise:
Agreement. This Temporary Employee Services Contract, together with all
exhibits, schedules, and attachments, if any.
Effective Date. February 25, 2001.
*'^ The City. The City of Lubbock, acting through the City Manager, the Assistant
City Manager (s), and / or any other person as may be authorized by said parties
to act in any particular instance under this Agreement.
The Contractor. Lubbock Temporary Help Services, Inc.
Temporary Employee Service Contract, Lubbock Temporary Help Services, Inc.
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ARTICLE H.
TERM
Section 2.01. Term of Agreement. The term of this Agreement commences on
the Effective Date and continues without interruption for a term of one year from
and after the Effective Date. The term may be extended for two (2) additional one
(1) year terms under the same terms and conditions and at the sole discretion of
the city.
ARTICLE III
TERMINATION
Section 3.01. Termination and Remedies. In the event the Contractor breaches
any term and / or conditions of this Agreement the City shall be entitled to
exercise any right or remedy available to it at law or equity, including without
limitation, immediate termination of this Agreement, assertion for damages and /
or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all other rights and
remedies shall be cumulative.
ARTICLE IV.
COMPENSATION
Section 4.01. General. The Contractor shall charge the City according to the
hourly rates listed below:
1. Construction and Maintenance Worker I $11.78/hr.
(Streets)
2. Equipment Operator I $11.78/hr.
(Solid Waste, Streets, Park & Recreation, Cemetery)
3. General Labor $11.40/hr.
(Civic Center / Coliseum)
4. Grounds Maintenance $11.78/hr.
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The rates listed above are effective for one year from the Effective Date of the
Agreement. The Contractor will notify the City ninety (90) days prior to the end of the
term of the Agreement of any proposed hourly rate change for the renewal term.
Section 4.02. Discounts.
A. Contractor agrees to provide a discount of one (1) percent if invoice is paid
within ten (10) days after receipt of invoice.
Section 4.03. Payment Terms. Payment for services is due and payable by City
thirty (30) days after date of invoice. The Contractor will provide the City with
weekly billing by department in the format specified by the City.
ARTICLE V.
REPRESENTATIONS AND WARRANTIES
Section 5.01. Existence. Contractor is a corporation duly organized, validly
existing, and in good standing under the laws of the State of Texas and is
qualified to carry on business in the State of Texas.
Section 5.02. Corporate Power. Contractor has the corporate power to enter into
and perform this Agreement and all other activities contemplated hereby.
Section 5.03. Authorization. Execution, delivery, and performance of this
Agreement and the activities contemplated hereby have been duly and validly
authorized by all the requisite corporate action on the part of the Contractor. This
�-, Agreement constitutes legal, valid, and binding obligations of the Contractor and
is enforceable in accordance with the terms thereof.
Section 5.04. Contractor. Contractor maintains a professional staff and employs,
as needed other qualified specialists experienced in human resource functions,
and are familiar with all the laws, rules, and regulations, both state and federal,
including, without limitation the applicable laws, regarding the activities
contemplated hereby.
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r* Section 5.05. Performance. The Contractor will and shall conduct all activities
contemplated by this Agreement in a good and workmanlike manner, and comply
with all laws, rules, and regulations, both state and federal, relating to the
providing of temporary employee service, as contemplated hereby. If any of the
activities of the Contractor, or omissions of the activities required herein shall
cause, in whole or in part, liability or loss on the part of the City, it shall be
deemed that the Contractor did not perform said activities (or omitted the
performance of said activities) in a good and workmanlike manner.
ARTICLE VI.
INDEPENDENT CONTRACTOR STATUS
Section 6.01. Relationship. Contractor and City agree that Contractor shall
perform the duties under this Agreement as an independent contractor. The
Contractor has the sole discretion to determine the manner in which services are
provided.
ARTICLE VII.
DUTIES OF CONTRACTOR
Section 7.01. General Duty. Contractor agrees to provide, on an as -needed basis
as determined by the City, temporary employee services for several departments
within the City of Lubbock. Contractor shall provide qualified temporary
employees within eight (8) hours of notification by the City. Requests by the City
for temporary employees may be made by telephone. The temporary employees
provided by the Contractor shall possess the necessary skills, knowledge and
ability to perform the jobs in which they are placed. Job descriptions are attached
as Exhibit A. The Contractor shall conduct a background check on each
temporary employee before they are provided to the City. A background check
shall consist of as a minimum: telephone reference checks to ensure education and
skills are accurately reported, the required drug screening is conducted,
investigate and ensure that applicant (s) that are being provided for jobs that
require the handling of money have no past problems with theft, make every
reasonable effort to contact past and present employers to gain information about
the work habits of the applicant (s), and conduct driver's license checks on the
temporary employees that will be required to drive motor vehicles to ensure that
Temporary Employee Service Contract, Lubbock Temporary Help Services, Inc.
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IN
Section 7.02. Confidentiality. Contractor agrees to retain all information received
from or concerning the City and the City's business in strictest confidence and
shall not reveal such information to third parties without prior written consent
from the City, unless otherwise required by law.
Section 7.03. Agents. Contractor may employ or retain agents; contractors, or
third parties to perform certain duties of Contractor under this Agreement
provided the Contractor is in no event relieved of any obligation under this
Agreement. Any agents, contractors, or third parties retained and ` or employed
by Contractor shall be required to carry, for the protection and benefit of the City
said third parties as additional insureds, insurance as described in Section 7.04.
Section 7.04. Insurance. Contractor shall procure and carry, at its sole cost and
expense throughout the life of this Agreement insurance protection hereinafter
specified, in form and substance satisfactory to the City, carried with an insurance
company that has a Best financial grading of A: VII and is authorized to transact
business in the state of Texas, covering all operations in connection with this
Agreement, whether performed by the Contractor, subcontractor, agents, or third
parties. A Certificate of Insurance specifying each and all coverage shall be
submitted to City prior to the execution of the Agreement. Certificates of
insurance shall be prepared and executed by the insurance company or its
authorized agent and shall contain provisions representing and warranting that the
insurance company is licensed and admitted to do business in the state of Texas
and it's forms have been approved by the Texas State Board of Insurance. Proof
of coverage shall be furnished to the City and written notice of cancellation or any
material change shall be provided sixty (60) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving
the right of subrogation.
A. Commercial General Liability Insurance. Contractor shall have commercial
liability insurance with a minimum of one million dollars ($1,000,000.00)
combined single limit in the aggregate and per occurrence. The policy shall
contain cross liability and severability clauses. The City shall be named as an
additional insured in such policy.
B. Worker's Compensation and Employer's Liability Insurance. Contractor shall
obtain worker's compensation and employer's liability insurance coverage as
required by statute or coverage approved by CITY RISK MANAGEMENT
COORDINATOR.
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Section 7.05. Record. Contractor shall maintain records, which are necessary to
substantiate the services provided by the Contractor.
Section 7.06. Audit. Contractor shall provide access to its corporate books and
records to the City. The City may audit, at its expense and during normal
business hours, Contractor's books and records with respect to this Agreement
between the Contractor and City.
Section 7.07. Placement Fee. Contractor agrees that City shall not pay a finder's
or placement fee for any temporary worker provided by the Contractor that the
City chooses to employ'on a full-time or part-time basis. Contractor shall also not
charge the temporary employee a liquidation fee should they accept a full-time or
part-time position with the City.
ARTICLE VIII.
DUTIES OF THE CITY
., Section 8.01. General Duty. The City agrees to pay contractor within thirty (30)
days periodic invoice in accordance with the hourly rates listed in Section 4.01 if
this Agreement.
ARTICLE IX.
COMPLIANCE WITH APPLICABLE LAWS
Section 9.01. General. Contractor shall comply with all applicable federal, state
and local laws, statutes, ordinances, rules and regulations relating, in any way,
manner or form, to the activities under this Agreement, and any amendments
thereto.
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ARTICLE X.
INDEMNITY
Section 10.1. General Indemnity Provision. Lubbock Temporary Help
Services, Inc. shall indemnify and save harmless the City of Lubbock and its
officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any character type, or description, including without
limiting the generality of the foregoing all expenses of litigation, court costs,
and attorney's fees for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, arising
out of, or occasioned by, directly or indirectly, in whole or in part, by the
performance of Lubbock Temporary Help Services, Inc, its agents or
employees, in the execution of this agreement.
ARTICLE XI.
NOTICE TO PARTIES
Section 11.01. Notice. When ever notice from Contractor to City or City to
Contractor is required or permitted by this Agreement and no other method of
notice is provided, such notice shall be given by (1) actual delivery of the written
notice to the other party by hand, (2) facsimile, or other reasonable means ( in
which case such notice shall be effective upon delivery), or (3) by depositing the
' written notice on the United States mail, properly addressed to the other party at
the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day
after such notice is so deposited.
Section 11.02. Contract's Address. Contractor's address and numbers for the
purposes of notice are:
^^ Lubbock Temporary Help Services, Inc.
Attention: Michael J. Sheils
- 2124 50'' Street
Lubbock, Texas 79412
Tel (806) 744-5600
Fax(806) 744-8965
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Section 11.03. City's Address. The City's address and numbers for the
purposes of notice are:
City of Lubbock
Attention: Mary Andrews
P. O. Box 2000
Lubbock, Texas 79457
Tel (806) 775-2315
Fax (806) 775-3316
Section 11.04. Change of Address. Either party may change its address and / or
numbers for purposes of notice by giving written notice to the other party,
referring specifically to this Agreement, and setting forth such new address
and / or numbers. The address and / or numbers shall become effective for notice
purposes on the fifteen (15) day after proper notice is given to the other party.
ARTICLE XII.
MISCELLANEOUS
Section 12.01. Captions. The captions to the articles and sections in this
Agreement are inserted in this Agreement strictly for the parties' convenience in
identifying the provisions to this Agreement and shall not be given any effect
when construing this Agreement.
Section 12.02. Assignability. This Agreement may not be assigned by Contractor
without the prior written Approval of the City.
Section 12.03. Successor and Assigns. This Agreement binds and inures to the
benefits of the City, Contractor, and their respective successors, legal
representatives, and assigns.
Section 12.04. Construction and Venue. THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY
IRREVOCABLY CONSENT TO THE EXLUSIVE JURISDICTION AND
VENUE OF THE COURTS OF THE STATE OF TEXAS. COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS CONTEMPLATED HEREBY.
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G Section 12.05. Severability. If any provision of this Agreement is ever held to be
invalid or ineffective by any court of competent jurisdiction with respect to any
person or circumstances, the remainder of this Agreement and the application of
such provision to persons and / or circumstances other than those with respect to
which it is held invalid or ineffective shall not be effected thereby.
Section 12.06. Amendment. No amendment, modification, or alteration of the
terms of this Agreement shall be binding unless such amendment,
modification, or alteration is in writing, dated subsequent to this Agreement, and
duly executed by the Contractor and City.
Section 12.07. Entire Agreement. This Agreement, including Exhibit A hereto,
contains the entire Agreement between the City and Contractor, and there are no
other written or oral promises, conditions, warranties, or representations relating
to or affecting the matter contemplated herein.
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EXECUTED as of the Effective Date hereof.
LUBBOCK TEMPORARY
HELP SERVICES, INC.
CITY OF LUBBOCK
BY:
o,iie Garvin, ales Representative
NAME:
TITLE:
APPROVED AS TO CONTENT
Mary Andre s, Managing
Director Human Resources
APPROVED AS TO FORM
William de Haas
Contract Manager
WINDY SIT N, MAYOR
ATTEST:
CR " t n92�-�
Rebecca Garza, City Secretary
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EXHIBIT A
TEMPORARY WORKER QUALIFICATIONS
1 CONSTRUCTION AND MAINTENANCE WORKER I (Streets)
1.1 Any combination of education and experience equivalent to
completion of the tenth grade and six months of experience in
performing manual labor. Knowledge of the types and uses of
common hand tools used in construction and maintenance of
public roadways. Ability to perform manual tasks requiring
physical strength and endurance. Ability to follow oral and written
instructions. Ability to establish and maintain effective public
relations. Possession of a Texas Commercial Driver's License
with specific endorsements when required. Ability to continuously
walk and stand during the shift. Ability to climb ladders,
scaffolding, stairs, poles, and inclined surfaces. Ability to
continuously bend and frequently kneel during the shift. Ability to
frequently lift up to 75 pounds and occasionally lift up to 100
pounds. Ability to frequently carry up to 75 pounds and
occasionally carry up to 100 pounds. Ability to frequently carry up
to 75 pounds and occasionally carry up to 100 pounds. Ability to
push and pull objects. Ability to flex upper trunk forward at the
waist and standing. Ability to continuously reach above, at, or
below shoulder height. Ability to communicate effectively with
others. Requires working in outside weather conditions during the
shift.
1.2 Entry level hourly wage: $ 8.22
1.3 Worker's Compensation Classification of Operation Code: 9014
2 EQUIPMENT OPERATOR I
(Solid Waste, Streets, Cemetery, Parks & Recreation)
2.1 Any combination of education and experience equivalent to the
completion of the tenth grade and six months experience in
maintenance or construction work involving the operation of
motorized equipment. Ability to follow oral and written
instructions. Possession of a Texas Commercial Driver's License
with specific endorsements when required. Knowledge of the
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mechanical operation of light equipment, and must possess some
mechanical aptitude. Ability to perform maintenance and service
work on trucks and light equipment. Ability to get along well with
others. Ability to communicate effectively with others. Ability to
frequently walk and stand during the shift. Ability to frequently
climb ladders, stairs, and inclined surfaces. Ability to continuously
bend and kneel. Ability to continuously lift up to 25 pounds and
frequently lift up to 50 pounds. Ability to continuously carry up to
25 pounds and frequently carry up to 50 pounds. Ability to
continuously carry up to 25 pounds and frequently carry up to 50
pounds. Ability to pull and push objects. Ability to continuously
flex upper trunk forward at the waist and partially flex at the knees.
Ability to reach above, at, or below shoulder height. Ability to
.. coordinate eye, hand, and foot movement in order to operate
motorized equipment. Machines and equipment typically used
during the shift are hand tools, power / air tools, backhoe, forklift,
gardening tools, and chain saws. Requires working in outside
weather conditions during all seasons.
2.2 Entry level hourly wage: $ 8.22
2.3 Worker's Compensation Classification of Operations Code: 9102.
3 GENERAL LABORER (Civic Center / Coliseum)
3.1 Any combination of education and experience equivalent to
completion of the tenth grade and six months experience in
performing manual labor. Knowledge of common hand tools and
some power tools used in assembling partition system. Ability to
perform manual tasks requiring physical strength and endurance.
Ability to follow oral and written instructions. Ability to deal
courteously with the public. Requires possession of a Texas
Operator's License. Ability to frequently walk and stand during
the shift. Ability to frequently bend and kneel. Ability to
continuously lift up to 25 pounds, frequently lift up to 50 pounds,
and occasionally lift up to 75 pounds. Ability to continuously
carry up to 25 pounds, frequently carry up to 50 pounds, and
occasionally carry up to 75 pounds. Ability to push and pull
objects. Ability to frequently flex upper trunk at the waist and
partially at the knees. Ability to reach above, at, or below shoulder
height. Ability to coordinate eye, hand, and foot movement in
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order to operate vehicles and equipment. Ability to communicate
effectively with others
3.2 Entry level hourly wage: $ 8.00
(shift is generally 12:00 a. m. till 8:00 a. m.)
3.3 Worker's Compensation Classification of Operations Code: 9102.
4 GROUNDS MAINTENANCE WORKER
4.1 Any combination of education and experience equivalent to
completion of the eighth grade and some experience in
groundskeeping, gardening, or maintenance work. Knowledge of
common groundskeeping methods, tools, and supplies.
Knowledge of common practices in planting, cultivating, and
caring for trees, shrubs, flowers, and lawns. Ability to understand
and carry out oral and written instructions. Skill in the use of hand
tools and simple motorized equipment. Possession of some
mechanical aptitude, physical fitness, and endurance. Ability to
deal courteously with the public. Requires possession of a Texas
Operator's License. Ability to frequently walk and stand during
the shift. Ability to frequently bend and kneel. Ability to
continuously lift up to 25 pounds, frequently lift up to 50 pounds,
and occasionally lift up to 75 pounds. Ability to continuously
carry up to 25 pounds, frequently carry up to 50 pounds, and
occasionally carry up to 75 pounds. Ability to push and pull
objects. Ability to frequently flex upper trunk at the waist and
partially at the knees. Ability to occasionally rotate upper trunk to
the right or left while sitting or standing. Ability to reach above,
at, or below shoulder height. Ability to coordinate eye, hand, and
foot movement in order to operate vehicles and equipment. Ability
to communicate effectively with others. Machines and equipment
used during the shift are tractor and push mowers, trimmer, edger,
shovel, hoe, rake, broom, and saws. Requires working in outside
weather conditions during all seasons.
4.2 Entry Level hourly wage: $ 7.57
4.3 Worker's Compensation Classification of Operations Code: 9102.
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