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HomeMy WebLinkAboutResolution - 2004-R0072 - Contract To Provide Temporary Employee Services - Spherion Staffing - 02_19_2004Resolution No. 2004-R0072 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 Spherion Staffing 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 ATTEST: Q".4.4, '-� 'Z� _- Rebecca Garza, City Secretary APPROVED AS TO Scott Snider Director of Human Resources APPROVED AS TO FORM: as/ccdoc/Spherion Staffing.Res. February 11, 2004 day of 2004. Resolution No. 2004-R0072 February 19, 2004 Item No. 38 TEMPORARY EMPLOYEE SERVICES CONTRACT RFP #240-03/DC THIS AGREEMENT, effective as of February 26, 2004, is made by and between the City of Lubbock, referred herein as City, and Spherion Staffing, referred herein as Contractor. WITNESSETH WHEREAS, the City of Lubbock desires temporary employee service; and WHEREAS, the Contractor employs a professional human resources staff that are specialists in the flexible staffing industry and have comprehensive recruiting plan; and WHEREAS, the City desires to contract with Contractor to provide temporary employee services to the City. NOW THEREFORE, for and in coniseration 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 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 act in any particular instance under this Agreement. The Contractor: Spherion Staffing 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) 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 condition 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 injunction 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. Account Clerk $ 9.78/hr. 2. Cashier $ 8.78/hr. 3. Office Assistant $10.06/hr. 4. Administrative Asst. $12.15/hr. The rates listed above are effective for one (1) 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. Payment Terms. Payment for services is due and payable by the 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. 2 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 specified 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. 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 regulation, 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. Contractor will assign temporary labor to work under the direction, supervision and control of the City. 3 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 they are insurable and have a valid driver's license. The City may reject a temporary employee provided by the Contractor at any time and for any reason. 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 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 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 M shall be provided sixty (60) days in advance of cancellation or charge. All policies shall contain an agreement on the part of the insurer waiving the right of subrogation to general liability and workers' compensation. 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. B. . Worker's Compensation. 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 nonrenewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. C. Bonding. The Contractor shall maintain a bond on the employees it provides to the City. (See attached certificate of insurance.) Section 7.05. Records. Contractor shall maintain records that 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 the City. Section 7.07. Placement Fee. Contractor agrees that City shall not pay a finder's or placement fee for any temporary worker provider by the Contactor 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 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. Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to its business and activities under this Agreement, and any amendments thereto. ARTICLE X. INDEMNITY Section 10.01. General Indemnity Provisions. Spherion Staffing 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 damage to any property, received or sustained by any person or persons or property, arising out of, or occationed by, directly or indirectly, in whole or in part, by the performance of Spherion Staffing, its agents or employees, in the execution of this agreement. ARTICLE XI. NOTICE TO PARTIES Section 11.01. Notice. Whenever 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 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. n Section 11.02. Contractor's Address. Contractor's address and numbers for the purposes of notice are: Spherion Staffing Attn. Robert Villarreal 4505 82"d Street, Suite 9 Lubbock, TX 79424 Tel (806) 788-1118 Fax (806) 788-1120 Section 11.03. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn. Scott Snider PO Box 2000 Lubbock, TX 79457 Tel (806) 775-2312 Fax (806) 775-3316 Section 11.03. 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 fifteenth 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 benefit 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 EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS VA a 2ooy_ t2oo?2 OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THEPURPOSES OF ALL LEGAL PRODEEDINGS 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 by 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 premises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. 2c)pl-/_Zoo 72 EXECUTED as of the Effective Date hereof. SPHE N STAFTvx- NAME: BY: fio"I.P1_ TITLE: A D i &"f ie -5 APPROVED AS TO CON NT cott Snider Director of Human Resources APPROVED AS TO FORM - � r my &wto S. �s CITY OF LUBBO ar cDougal, May r ATTEST: Re ecca Garza City Secretary 9