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HomeMy WebLinkAboutResolution - 2004-R0071 - Contract To Provide Termporary Employee Services - SOS Staffing Services - 02_19_2004Resolution No. 2004-R0071 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 SOS Staffing Services 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. MARC McDOTIGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: oo Scott Snider { Director of H Z Resources a 119�I�eito) %'Amy Sims, Assistant City Attorney as/ccdoc/SOS Staffing Services.Res. February 11, 2004 Resolution No. 2004-Im071 February 19, 2004 Item No. 38 TEMPORARY STAFFING SERVICES AGREEMENT This Temporary Staffing Services Agreement (the "Agreement"), effective as of February 26, 2004, is entered into by and between the City of Lubbock (the "City") and SOS Staffing Services, Inc. ("SOS") The City and SOS hereby agree as follows: 1. Staffine Services. At the City's request, SOS will make its employees available to the City to work under the City's supervision, direction and control. SOS will provide the City with qualified employees based on the job orders the City places with SOS. 2. SOS's Responsibilities. As the employer of the persons SOS assigns to the City, SOS will pay all wages and make all deductions, deposits and payments required by federal, state and local laws. These include deductions and withholdings for Social Security (FICA), Medicare, federal and state unemployment insurance (FUTA and SUTA), and disability and income taxes. Part of the consideration the City pays for SOS's services shall be applied to workers' compensation and employers' liability insurance, which SOS will provide for each employee assigned to the City. To the extent allowed by law and except for claims or losses that fall under the City's indemnity obligations as set forth or contemplated in this Agreement, SOS agrees to indemnify and hold the City harmless 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 which arise from (a) a breach by SOS of any of its obligations or responsibilities contained in this Agreement, or (b) the work -related injury or death of SOS's employees while on assignment with the City, provided that such injury or death does not arise from the City's grossly negligent, intentional or willful act(s). SOS 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. The City's Responsibilities. The City agrees to provide a detailed description of the work SOS's employees are to perform so that SOS can properly match its employees with the City's requirements. The City agrees to provide adequate supervision of SOS's employees while on assignment with the City and not to entrust SOS's employees with unattended work sites. The City agrees to provide specific work instructions to SOS's employees and that the City shall be responsible for the work performed pursuant to the City's instructions or under the City's supervision, direction and control. The City agrees to be responsible for and to defend, indemnify and hold SOS harmless from any and all claims or liabilities related to the final product, completed operations or work performed by SOS's employees. If the City permits or request SOS's employees to operate motor vehicles, powered industrial trucks or other powered equipment while on assignment with the City, the City agrees to be responsible for, defend, indemnify and hold SOS harmless from any and all resulting claims or liabilities, except for the bodily injury or death of SOS's employees. SOS's Policy on Operation of Powered Industrial Trucks or Other Powered Equipment and Policy on Operation of Motor Vehicles are attached hereto as Exhibit B and incorporated into this Agreement with this reference. The City is referred to as "you" and "your" in such policies. The City agrees to provide a suitable and safe work place for SOS's employees. The City agrees to provide all necessary safety training related to the City's operations. The City agrees to inform SOS's employees of any hazards related to the City's work site(s) and to inform them of any hazardous materials to which they may be exposed. The City agrees not to permit any of SOS's employees to work at heights over 12 feet or unsecured ladders over 8 feet. The City agrees to comply with any state or local laws to the extent those laws apply to workplace safety and SOS's employees on assignment with the City. SOS will be responsible for monitoring its employees' compliance with the federal Occupational Safety and Health Act and incur all liability associated with such compliance. 4. Invoicine, Rates and Payment Terms. SOS will invoice the City on a weekly basis at the bill rates listed in the schedule attached hereto as Exhibit A. Invoices shall be accompanied by the corresponding time cards. The City's representative's signature on the time cards certifies that the hours shown are correct and that the work was performed to the City's satisfaction. The City agrees that invoices are not disputable after 30 days of the invoice date. Payments are due upon receipt of invoice. The City agree to pay a finance charge which is the lesser of 1.5% per month or the highest rate allowed by law for all past due balances of more than 30 days. If collection becomes necessary, by suit or otherwise, the City agrees to pay all collection costs, including reasonable attorney's fees. SOS reserve the right to increase rates in response to statutory cost increases, including, but not limited to, increases in minimum wage rates, payroll taxes, workers' compensation, unemployment insurance, mandated government rules and regulations, and extraordinary market conditions. 5. Compliance with Laws. SOS agrees to comply with all federal, state and local equal employment opportunity and anti -discrimination laws in connection with the recruitment, employment and assignment of its employees to the City. SOS will not discriminate based on an employee's race, color, national origin, religion, age, sex, disability, marital status or any other protected status. SOS agrees to cooperate with the City in the investigation and resolution of any discrimination complaint brought by its employees related to their assignment with the City. The City agrees to comply with all federal, state and local equal employment opportunity and anti -discrimination laws with respect to SOS's employees working on assignment with the City. The City agrees that it will not make any job order or decision regarding the working conditions or the continued assignment of any of SOS's employees based on such employee's race, color, national origin, religion, age, sex, disability, marital status or any other protected status. The City agrees to provide SOS's employees a workplace free from any unlawful discrimination, including sexual harassment. The City agrees to cooperate with SOS in the investigation and resolution of any discrimination complaint brought by SOS's employees related to their assignment with the City. The City further agrees to cooperate with SOS in complying with the Americans with Disabilities Act and the Family and Medical Leave Act with respect to SOS's employees. 6. Independent Contractor Status. In performance of this Agreement, SOS will at all times act in its own capacity as an independent contractor. Nothing in this Agreement shall be construed to make SOS an agent, partner, or joint venturer of the City. Although SOS's employees shall work 2 under the City's operational supervision, direction and control while on assignment with the City, such persons shall at all times remain employees of SOS. 7. Insurance Requirements. SOS will, at its own expense, provide and keep in full force and effect during the term of this Agreement insurance policies underwritten by companies rated "A- " or better by AM Best. Such policies shall meet or exceed the following requirements: A. Commercial General Liability Insurance. SOS shall maintain commercial general liability insurance with a limit of not less than $1,000,000 combined single limit in the aggregate and per each occurrence. The policy shall contain cross liability and severability clauses. The City shall be named as an additional insured on such policy. B. Workers' Compensation and Employer's Liability Insurance. SOS shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, SOS 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 SOS maintains said coverage. Any termination of worker's compensation insurance coverage by SOS or any cancellation or non -renewal of worker's compensation insurance coverage for SOS shall be a material breach of this Contract. C. Crime Coverage Insurance. SOS shall maintain crime coverage insurance with a limit of not less than $2,000,000. D. Certificate of Insurance. SOS will furnish the City with certificates evidencing such insurance coverage. The certificates will provide the City with thirty (30) days notice of any change or termination of the policy. 8. Term and Termination. This Agreement shall remain in effect for an initial period of one year from the effective date of February 26, 2004. The term of the Agreement may be extended for two (2) additional one-year (1) terms under the same terms and conditions as set forth in this Agreement and at the mutual discretion of the City and SOS. In the event of a material breach of any of the terms or conditions of this Agreement, the non -breaching party may immediately terminate the Agreement by giving written notice pursuant to section 7 below. 9. Notices. All notices required or permitted under this Agreement will be effective when received (1) in writing and personally delivered, (2) by a recognized overnight courier, (3) by facsimile, or (4) by registered or certified U.S. mail, return receipt requested, and addressed as follows: If to SOS: SOS Staffing Services, Inc. Attn: Legal Department 1415 South Main Street Salt Lake City, UT 84115 Tel.: 801-484-4400 Fax: 801-483-4290 If to the City: City of Lubbock Attn: Scott Snider P.O. Box 2000 Lubbock, TX 79457 Tel.: 806-775-2312 Fax: 806-775-3316 10. Severability. If any court should find any particular provision of this Agreement void, illegal, or unenforceable, then that provision will be regarded as stricken from this Agreement and the remainder of this Agreement shall remain in full force and effect. 11. Governine Law. This Agreement shall be governed by, interpreted and construed in accordance with the laws of the state of Texas. Jurisdiction and venue for any action brought pursuant to or in connection with this Agreement shall lie in the state or federal courts of Lubbock County, Texas. The parties hereby consent to the personal jurisdiction of such courts. 12. Entire Agreement. This Agreement, including Exhibit A and Exhibit B attached hereto, contain the entire understanding between the City SOS and supersede all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be released, discharged, changed or modified, except by an instrument in writing signed by each of its duly authorized representatives. Intending to be legally bound, this Agreement is executed by authorized representatives of both parties hereto. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTE Scott Snider, Director of Human Resources OS STAFFIN SER CES, INC. JoAnn W. Wagner, President & CEO 4 Resolution No. 2004—R0071 EXHIBIT A ITEM DESCRIPTION HOURLY RATE 1. Account Clerk $ 7.38 2. Cashier $ 7.25 3. Office Assistant $ 7.76 4. Construction and Maintenance Worker I Streets $ 9.10 5 Equipment Operator I (Solid Waste, Streets, Parks & Recreation, Cemetery) $ 8.70 6. Grounds Maintenance Worker $ 8.02 7. Administrative Assistant $10.39 8. 7General Laborer Civic Center, Coliseum $ 7.79 Service Guarantee All services provided by SOS are fully guaranteed. The City must be completely satisfied with the quality of SOS's performance. Should the City be dissatisfied for any reason with the performance of SOS's employees, the City will receive a replacement for that person and will not be billed for the time the unsatisfactory employee worked as long as the City: SOS will: 1. Notifies SOS of the problem within the first 8 hours of the assignment. 2. Informs SOS of the reasons why the City is dissatisfied with the employee. 1. Reinstate the order. 2. Replace the temporary employee by the following day, if not within the same day. Resolution No. 2004—R0071 EXHIBIT B POLICY ON OPERATION OF POWERED INDUSTRIAL TRUCKS OR OTHER POWERED EQUIPMENT You have requested SOS Staffing Services, Inc. ("SOS") to furnish its employees to operate powered industrial trucks or other powered equipment (the "Equipment") as part of their work assignment with you. This policy will apply to the operation of all Equipment by SOS's employees regardless of whether the Equipment is owned, non - owned or hired by you. 1. SUPERVISION AND SCOPE OF WORK. a) SOS's employees will operate the Equipment under your direction, supervision and control. b) You will not request or permit SOS's employees to operate powered equipment or vehicles other than the Equipment without SOS's prior written consent. c) You will not permit over -the -road operation of the Equipment or any other vehicles or equipment by SOS's employees. d) You will not request or permit SOS's employees to transport hazardous materials. e) You agree to immediately report to SOS any work -related accidents, injuries or illnesses involving SOS's employees. 2. RESPONSIBILITY FOR CLAIMS. a) SOS is not responsible for and does not insure you against any liabilities arising from or related to the operation of the Equipment by SOS's employees, except for claims of bodily injury, including death, to SOS's employees, which are covered by workers' compensation insurance. b) You shall be responsible for, defend, indemnify and hold SOS, its officers, directors, employees and agents harmless from any and all claims, demands, proceedings, causes of action, damages, liabilities, losses, costs and expenses of every kind and description, including reasonable attorneys' fees and/or litigation expenses, related to or arising from the operation of the Equipment by SOS's employees (including the acts or omissions of SOS's employees), including, but not limited to, claims for property damage (including damage to the Equipment, as well as the contents and/or cargo thereof, or any of your property or the property of any other person) and the bodily injury or death of any person, except for injuries to or the death of SOS's employees. 3. INSURANCE. a) You will, at your expense, maintain insurance of the applicable types and amounts set forth below with a responsible insurance carrier and in a form acceptable to SOS: i) When SOS's employees operate powered industrial trucks or powered equipment on premises owned or controlled by you, you agree to maintain a reasonable amount of insurance to cover your obligations as set forth in this policy; ii) When SOS's employees operate powered industrial trucks or powered equipment on premises owned or controlled by a third party but while on assignment with you (excluding over -the -road driving or T 2-00 - e o orl I operation), you agree to maintain Commercial General Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence. b) Each of the policies required by Section 3(a) shall contain endorsements (1) naming SOS, its officers, directors, employees and agents as additional insureds, (2) giving SOS thirty (30) days advance written notice of cancellation or material change in any of the policies, and (3) that the policies shall be primary with no right of contribution from SOS or its insurers. c) Prior to the operation of the Equipment by SOS's employees and with each policy renewal thereafter, you shall supply SOS with certificates of insurance signed by an authorized representative of the insurance carrier evidencing the coverage, limits, and endorsements required above. At SOS's request, you agree to furnish copies of the actual insurance policies. d) SOS's approval of your insurance does not relieve or limit your obligations set forth in this Policy, including, but not limited to, your liability under Section 2 for claims exceeding the required insurance limits. 4. EQUIPMENT MAINTENANCE AND COMPLIANCE WITH LAWS. a) You agree to be entirely responsible for maintenance and inspection of the Equipment, for obtaining any required permits or licenses, and that SOS will not be liable for your failure to perform any of these duties. With respect to powered industrial trucks, you agree to be entirely responsible for compliance with 29 CFR 1910.178 and all other applicable laws and regulations pertaining to the selection, maintenance and operation of powered industrial trucks, as well as the training, certification, supervision and performance evaluations of operators, and that SOS will not be responsible for such compliance. You agree to provide to each SOS employee who is a powered industrial truck operator the manufacturer's operating instructions, pertinent updates, maintenance and safety bulletins for the equipment operated, and sufficient practical instruction and evaluation of the employee's operating skills in the actual working environment to determine that the employee is competent to operate the equipment assigned. You agree to notify SOS when an SOS employee is certified competent, promptly notify SOS of any reports of unsafe driving and report any need for a periodic performance evaluation of an employee's powered industrial truck operating skills. b) You agree that you shall be responsible for compliance with any applicable federal, state or local laws or regulations with respect to the Equipment, and that SOS will not be responsible for such compliance. 7 r/—U l) q " 1leUU *'If POLICY ON OPERATION OF MOTOR VEHICLES You have requested SOS Staffing Services, Inc. ("SOS") to furnish its employees to operate motor vehicles as part of their work assignment with you. This policy will apply to the operation of all vehicles by SOS's employees, regardless of whether the vehicles are owned, non -owned or hired by you, or owned by SOS's employees. 1. SUPERVISION AND SCOPE OF WORK. a) SOS's employees will operate the vehicles under your direction, supervision and control. b) You will not request or permit SOS's employees to operate motor vehicles or other powered equipment other than the vehicles without SOS's prior written consent. c) You will not request or permit SOS's employees to transport hazardous materials. d) You agree to immediately report to SOS any work -related accidents, injuries or illnesses involving SOS's employees. 2. RESPONSIBILITY FOR CLAIMS. a) SOS is not responsible for and does not insure you against any liabilities arising from or related to the operation of the vehicles by SOS's employees, except for claims of bodily injury, including death, to SOS's employees, which are covered by workers' compensation insurance. b) You shall be responsible for, defend, indemnify and hold SOS, its officers, directors, employees and agents harmless from any and all claims, demands, proceedings, causes of action, damages, liabilities, losses, costs and expenses of every kind and description, including reasonable attorneys' fees and/or litigation expenses, related to or arising from the operation of the vehicles by SOS's employees (including the acts or omissions of SOS's employees), including, but not limited to, claims for property damage (including damage to the vehicles, as well as the contents and/or cargo thereof, or any of your property or the property of any other person) and the bodily injury or death of any person, except for injuries to or the death of SOS's employees. 3. INSURANCE. a) You will, at your expense, maintain insurance of the applicable types and amounts set forth below with insurers and in a form acceptable to SOS: i) Automobile Liability insurance with a combined single limit of liability of not less than $5,000,000 per occurrence, which can be satisfied by a combination of primary liability and excess or umbrella liability coverage that results in the same protection to SOS, and ii) Commercial General Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence. b) Each of the policies required by Section 3(a) shall contain endorsements (1) naming SOS, its officers, directors, employees and agents as additional insureds, (2) giving SOS thirty (30) days advance written notice of cancellation or material change in any of the policies, and (3) that the policies shall be primary with no right of contribution from SOS or its insurers. c) Prior to the operation of the vehicles by SOS's employees and with each policy renewal thereafter, you shall supply SOS with certificates of insurance signed by an authorized representative of the insurance carrier evidencing the coverage, limits, and endorsements required above. At SOS's request, you agree to furnish copies of the actual insurance policies. 8 d) SOS's approval of your insurance does not relieve or limit your obligations set forth in this policy, including, but not limited to, your liability under Section 2 for claims exceeding the required insurance limits. 4. VEHICLE MAINTENANCE AND COMPLIANCE WITH LAWS. a) You agree to be entirely responsible for maintenance and inspection of the vehicles (except for those owned by SOS's employees), for obtaining any required permits or licenses, and for the accuracy of manifests and bills of lading, and that SOS will not be liable for your failure to perform any of these duties. b) You agree that you shall be responsible for compliance with any federal motor carrier safety regulations, DOT, EPA, OSHA or any other applicable federal, state or local laws or regulations, and that SOS will not be responsible for such compliance. W