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HomeMy WebLinkAboutResolution - 2004-R0070 - Contract To Provide Temporary Employee Services - Labor Ready Central III - 02_19_2004Resolution No. 2004-R0070 February 19, 2004 Item No. 38 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, by and between the City of Lubbock and Labor Ready Central III, LLP 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 19th day of February , 2004. MAYOR ATTEST: Qj�� -Y�� .. Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Scott Snider Director of Human Resources APPROVED AS TO FORM: as/ccdoc/Labor Ready.Res. February 11, 2004 Resolution No. 2004-R0070 February 19, 2004 TEMPORARY EMPLOYEE SERVICES CONTRACT Item No. 38 THiS AGREEMENT, effective as of February 3, 2004, is made by and between the Oty of Lubbock, referred herein as CiTY, and Labor Ready Central ii1, LLP, referred herein at LABOR READY. WITNESSETH WHEREAS, the CITY desires temporary employee service; and WEHREAS, LABOR READY, employs a professional human resource staff that arc specialists in the flexible staffing industry and have a comprehensive recruiting program; and WHEREAS, the CITY desires to contact with LABOR READY to provide temporary employee services to the CITY. NOW THEREFORE, for and in consideration of the terns, covenants, and conditions set forth in this Agreement, the CITY and LABOR READY hereby agree as follows: ARTICLE i. DEFINITIONS Section 1.01. The following terms shall have the following respective meanings lbr 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 26, 2004. 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 actin any particular instance under this Agreement. The Contractor. Labor Ready Central III, LLP. ARTICLE II 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) years additional one (1) year terms under the same terms and conditions and at the sole discretion of the CiTY. Temporary Employee Service Contract, Labor Ready Central i11, LLP ARTICLE III TERMINATION Section 3.01. Termination and Remedies, In the event LABOR READY breaches any term and/or condition of this Agreement the CITY shall be entitled to exercise any right or remedy available to it al 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 nay right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. COMPENSATION Section 4.01. General. LABOR READY shall charge the CITY according to the hourly rates listed below: 1 Construction and Maintenance Worker 1 (Streets) 2 Equipment Operator 1 (Solid Waste) 3 Equipment Operator 1 (Streets) 4 Equipment Operator 1 (Cemetery) 5. Equipment Operator 1 (Parks and Recreation) 6. General Labor (Civic Center/Coliseum) 7. Grounds Maintenance Worker $9.36/hour $9.36/hour $9.36/hour $9.36/hour $9.36/hour $8.60/hour $8.76/hour The rates listed above are effective for one year from the Effective Date of the Agreement. LABOR READY 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. Payment Terms. Payment for services is due and payable by CITY thirty (30) days after date of invoice. LABOR READY 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. LABOR READY is a corporation duly organized, validly existing, and in good standing under the laws of the State of Washington and is qualified to carry on business in the State of Texas. Section 5.02. Corporate Power. LABOR READY 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 LABOR READY. This Agreement constitutes legal, valid, and binding obligations of LABOR READY and is enforceable in accordance with the terms thereof. Section 5.04. Contractor. LABOR READY 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. Section 5.05. Performance. LABOR READY will and shall conduct all activities contemplated by this Agreement is 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 LABOR READY, or omissions of the activities required herein shall cause, in whole or in part, liability or loss of the part of the CITY, it shall be deemed that LABOR READY 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. LABOR READY and CITY agree that LABOR READY shall perform the duties under this Agreement as an independent contractor. LABOR READY has the sole discretion to determine the manner in which services are provided. ARTICLE VII. DUTIES OF CONTRACTOR Section 7.01. General Duty, LABOR READY agrees to use its best efforts to provide, on an as -needed basis as determined by the CITY, temporary employee services for several departments within the CITY. LABOR READY 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 LABOR READY shall possess the necessary skills, knowledge and ability to perform the jobs in which they are placed. Job descriptions are attached as Exhibit A. LABOR READY 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: investigate and ensure that applicant(s) that are being provided for jobs that require the handling of money have no past problems with theft, and conduct driver's license checks on the temporary employees that will be required to drive motor vehicles to ensure that they are insurable and have a valid driver's license. The CITY may reject a temporary employee provided by LABOR READY at any time and for any reason. Section 7.02. Confidentiality. LABOR READY 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. LABOR READY may employ or retain agents, contractors, or third parties, to perform certain duties of LABOR READY under this Agreement provided LABOR READY is in no event relieved of any obligation under this Agreement. Any agents, contractors, or third parties retained and/or employed by LABOR READY 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. LABOR READY 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 LABOR READY, subcontractor, agents, or third parties. A Certificate of Insurance specifying each and all coverage shall be submitted to CITY prior to the execution of this 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. LABOR READY 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 the additional insured in such policy. B. Worker's Compensation and Employer's Liability Insurance. The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that.the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." C. Bond. LABOR READY shall obtain and maintain a bond on the employees it provides to the CITY. Section 7.05. Records. LABOR READY shall maintain records which are necessary to substantiate the services provided by LABOR READY. Section 7.06. Audit. LABOR READY shall provide access to its corporate books and records to the CITY. The CITY may audit, at its expense and during normal business hours, LABOR READY'S books and records with respect to this Agreement between LABOR READY and CITY. Section 7.07. Placement Fee. LABOR READY agrees that CITY shall not pay a finder's or placement fee for any temporary worker provided by LABOR READY that the CITY chooses to employ on a full-time or part-time basis. LABOR READY 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 LABOR READY within thirty (30) days of periodic invoice in accordance with the hourly rates listed in Section 4.01 of this Agreement. ARTICLE IX. COMPLIANCE WITH APPLICABLE LAWS Section 9.01. General. LABOR READY 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. ARTICLE X. INDEMNITY Section 10.1. General Indemnity Provision. Labor Ready Central III, LLP shall indemnify and safe harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability or 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, the acts or omissions of Labor Ready Central III, LLP, its agents or employees, in the execution of this Agreement. ARTICLE XI. NOTICE TO PARTIES Section 11.01. Notice. Whenever notice from LABOR READY to CITY or CITY to LABOR READY 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 in 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. LABOR READY'S address. LABOR READY'S address and numbers for the purposes of notice are: Labor Ready Central III, LLP Attn: Rebecca L. Gariepy 1704 Broadway Lubbock, TX 79401 Tel (806) 741-1494 Fax (806) 741-0102 2 (Dcfl - uo(�) � o Section 11.03. CITY'S address. The CITY'S address and numbers for the purpose of notice are: City of Lubbock Attn: Scott Snider 1625 13`h Street Lubbock, TX 79401 Tel (806) 775-2312 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 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 LABOR READY without the prior written Approval of the CITY. Section 12.03. Successor and Assigns. This Agreement binds and inures to the benefit of the CITY, LABOR READY, 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 EXCLUSIVE 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. 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 LABOR READY and CITY. Section 12.07. Entire Agreement. This Agreement, including Exhibit A hereto, contains the entire Agreement between the CITY and LABOR READY, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. �ao`l-�2oa EXECUTED as of the Effective Date hereof. LABOR READY CENTRAL III, LP CITY OF L BY: /t MAYOR NAME: TODD N. GILMAN TITLE: CORPORATE ATTORNEY ATTEST: By: �, Name: REBECCA GARZA City Secretary APPROVED AS TO CONTENT 1 By:<5� Name: SCOTT SNIDER Director of Human Resources APPROVED AS TO FORM By: Name: Y SIMS Attorney