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HomeMy WebLinkAboutResolution - 2007-R0138 - Agreement - Its Quest Inc.- Temporary Employees - 04_12_2007Resolution No. 2007—RO138 April 12, 2007 Item No. 5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a professional services Agreement by and between the City of Lubbock and Its Quest, Inc., to provide temporary employees for the City of Lubbock, which Agreement and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 12rh day of April , 2007. DAVID A. ILLER, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: & Vickie Bennett Director of Human Resources APPROVED AS TO FORM: t V on andiver, ttorney of o riser D Dres! I tsQuestO Xon Res April 5, 2007 Resolution No. 2007—RO138 itsQuest ine. Professional Staffing Solutions TERMS AND CONDITIONS AGREEMENT TO PROVIDE SERVICES This agreement is between itsQuest, Inc. (PROVIDER) and Type Client Name (CLIENT). This agreement is an understanding of PROVIDER and CLIENT partnership guidelines. PROVIDER will make every attempt to provide qualified workers to match as closely as possible to the specified qualifications requested by the client provided job description. PROVIDER will maintain personnel records, payroll records, federal and state mandated wages and taxes, unemployment expenses, worker's compensation insurance, recruiting costs. ongoing administration costs, and will ensure every employee meets specified policies and procedure guidelines for employment. CLIENT agrees to provide a detailed job description for every position serviced. CLIENT agrees to provide direct supervision of the provider assigned employees and to provide immediate employment training and orientation. The CLIENT agrees to provide a safe work environment in compliance to all health and safety laws, regulations, and ordinances. CLIENT will exercise good judgment in daily interaction with all PROVIDER assigned employees and will hold the PROVIDER harmless in the event that an accident or injury occurs as a result by CLIENT FAILURE to comply with said local, state, and federal safety laws. The CLIENT agrees to contact the provider immediately if there is a concern or an injury of an assigned employee. CLIENT agrees to utilize the itsQuest. Inc. provided timesheets and to provide a list of authorized signatures for timesheet verification. CLIENT will verify the hours worked, verify assignment completion and satisfaction by signing the timesheet in verification. The authorized signature verities the CLIENT financial liability for payment on services rendered. CLIENT is responsible for all state mandated gross receipts or sales taxes and must make prompt payment to maintain account activity. Invoices are processed weekly. CLIENT agrees to the PROVIDER minimum order duration of four (4) hours per day, per employee and a two (2) hour notice of service cancellation for employees. CLIENT agrees not to hire the assigned employee prior to 720 hours "Straight Time" (straight time hours are hours worked consecutively without a break in service at regular pay) unless the CLIENT agrees to pay 0% of the employee's annual salary. If the assignment ends before the 720 Straight time hours and the CLIENT chooses not to pay the 0% of the employee's annual salary to hire the employee directly, the CLIENT agrees not to hire an assigned or previously assigned employee for six months after the assi- ment as ended. CLIENT may terminate services at anytime. CLIENT agrees and understands that any non -wage employee compensation authorized by CLIENT (which includes but is not limited to mileage, per diem, advances, etc.) shall be billed by PROVIDER at a flat 5% markup of the amount authorized, regardless of any negotiated markup for hourly rate. CLIENT agrees to accept responsibility for compliance in the performance of all duties relating to cash mana-ement, this includes all shortagestoverages of cash receipts at end of day. CLIENT acknowle&es and agrees that PROVIDER does not furnish insurance to cover damage or physical loss caused by the operation of any vehicle operated by PROVIDER employees for CLIENT'S benefit, or at the request of the CLIENT, except to the extent covered by any Workers' Compensation Plan. CLIENT agrees to accept full responsibility for any bodily injury, property damage, fire. theft collision or Public liability claim arising from a PROVIDER employee instructed to operate machinery, equipment, or drive a vehicle, whether owned, rented, or borrowed by PROVIDER employee or CLIENT. QC30 0110212007 S ils0riest, Inc. i o1 .411 Rights Resenvel CLIENT acknowledges and agrees that CLIENT is the sole supervisor of PROVIDER assigned employees on assignment with CLIENT. CLIENT a -Frees that it will assume sole and complete responsibility and hold PROVIDER harmless for any and all losses or claims that result from a PROVIDER assigned employee having rendered a professional opinion or committed any alleged error or omission in the performance of his/her duties. CLIENT understands that PROVIDER does not maintain errors and omission coverage, or other professional liability insurance. on any paralegals, accountants, engineers or computer programmers or any other employee that it provides to CLIENT. CLIENT will allow and cooperate with PROVIDER Risk Management personnel and PROVIDER Workers' Compensation Plan Investigators including, but not limited to: access to premise, CLIENT employees, files or information pertaining to a review or investigation. Contains the entire agreement of the parties hereto and supercedes all prior agreements, contracts, and understandings written or otherwise between the parties relating to the subject matters hereof. 'Phis agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event a provision on this agreement is found to be legally invalid or unforeseeable for any reason, all remaining provisions of this agreement shall be governed, construed, and enforced in accordance with the prevailing state laws. CLIENT further agrees to adhere and abide by all itsQuest, Inc. terms and conditions as stated on reverse of weekly time card, including but not limited to employment offers, temporary workforce transfer to another agency's payroll, insurance, and payment terms. These Terms and Conditions are entered into this 4 day of April ,2007 by the parties whose signatures are affixed herein and who have contractual rights to represent their respective companies. BY .1�tr _ CITY Or LUBBOCK de NAXIE: TITL I)av id a N illec DATE ATTEST: APPROVEDAS TO CQI\'I'EV'[' Ask, Rebecca ��rza Vickie &emiel Cite Sccretar� Director of Huumat) Rex uicee APP&Q VED AS TO]FORM MA Dnu au iti-tr, a z� C "1 ADDENDUM: Each party hereto agrees to defend, hold harmless and indemnify the other party from and against liabilities, costs, expenses (including attorney's fees) claims and damages which either party may at any time suffer or sustain or become liable for by reason of any accidents, damages or injuries (including death) either to the persons or property or both, of either party or employees of the other part)', to the extent caused by resulting it's own breach of the Agreement, or fi•om the negligence of it's employees or agents in the performance of this Agreement. itsQuest, Inc. (initials) Cust1tner (initials) QC30 01/02/2007 c,rtsOuest, hic. ' 01'2 .411 Rights Resert,ed itsQuest, inc. Professional Staffing Solutions HOLD HARMLESS AGREEMENT Quality service is a priority to our company. We want to reduce our Client's overall costs in hiring expenses, and have the ability to provide employees that meet Client expectations. To do this, our Clients must work diligently to provide accurate _job descriptions for our evaluations. This agreement ensures the Client will provide detailed job task information on every work order placed. This also ensures itsQuest, Inc. the ability to match employees to a work order and to evaluate safety risks on every assignment. The Client will not allow or request a staffing service employee to perform any of the following job related activities unless specified by a job description, work order verification and a prior written consent from an itsQuest, Inc. representative: a) Driving an automobile or other motor vehicle bj Operating machinery or office equipment c) Handling cash, securities, or other valuables If this is not verified by the provided job description, wort` order verification and written consent, the client agrees to waive all rights to make a claim against itsQuest, Inc., and to relieve itsQuest, Inc. from. all liability and responsibility for any damage, loss. or expense which the Client incurs as the result of this staffing service employee engaging in such activities, and the Client further agrees to indemnify and hold harmless itsQuest, Inc. from and against all claims, damages, bodily injuries, losses and expenses which might be caused as a result of the staffing service employee engaging in any of these activities. Furthermore, the Client agrees not to expose any itsQuest, Inc. employee to unnecessary hazard, and not to violate any OSHA or safety law, rule or regulation whether federal, state or local. The Client may b4eld liable as a result of any breach of this agreement. BY: CITY OF LIrBBO(-'K T'ITL �] David A. Hiller DATE. _ATTEST: APPROVED AS TO CONTENT Rebe4ca Garza Vickie Bennet City secs emry Director of Human Resoince, AP/P�ROV ED _LS TO JORIli _ I ou N : idiv r. orraew QC36C-C)ilsurtest, In . ,411 Rights Reserved itsQuest lnc. Professional Staffing Solutions SAFETY PARTNERSHIP AGREEMENT Dear City Of Lubbock: The cost of worker's compensation insurance is increasing rapidly throughout the country. There are many factors contributing to these high costs, some of which we cannot directly control, but others we can P- such as unnecessary injuries and lost time caused by carelessness or unsafe work environments. ]n an attempt to keep our rates as low as possible, provide our Clients the best service possible, and provide a safe work environment for our employees and our Clients, we would like to establish a mutual understanding of safety and on-the- job injury procedures, practices, and philosophies: • City Of Lubbock will only work itsQuest, Inc. employees on jobs for which they have been assigned and trained. Any variance must be reported to our office before work begins. • City Of Lubbock will orientate and train itsQuest, Inc. employees in all safety, hazardous communication (MSDS Information, etc) and operational instructions in the same manner as any employee or as required by our policies or law including safety meetings, etc. • City Of Lubbock will require 1tsQuest, Inc. employee to wear all appropriate safety equipment • City Of Lubbock will notify a itsQuest, Inc. representative immediately in the event of an accident or injury of one of the itsQuest, Inc. employees. • itsQuest, Inc. will coordinate appropriate medical treatment (unless it is an emergency. • City Of Lubbock will notify itsQuest, Inc. in the event that any of itsQuest, Inc. employees act intoxicated or in a suspicious manner. • City Of Lubbock will allow a qualified representative of itsQuest, Inc. to obtain a report after an accident or injury to insure proper disposition of possible claims Your assistance will help us prevent injuries, reduce the pain and suffering associated with injuries, and reduce the costs associated with work related injuries. Funds conserved in the area of Worker's Compensation are then available to be used in other areas that ultimately benefit us all. Thank you for you cooperation. We look forward to a long and mutual profitable assoAation with your company. 13Y- &IVIVKOE- CITY OF Lt`B13()C:K NAME: _ +'�L _• TITLE.. Dot ,, id A. Mil r DATF: ATTESI: APPROVED AS TO CONTENT Rebeca, Garza \-ickie Beinlet City secletary Director o€Haman Resource. Z D A5 TOORAIor, ltolll Q C37d c litsQuest. Inc. All Rights Reserved Resolution No. 2007—RO138 Is itsQuesfinc. Professional Staffing Solutions Please tell us about Yourself or Your Company: Individual or Company CLIENT CREDIT APPLICATION SS# or E1N Physical Street Address City Slate 23p Mailing Address City state ZIP Name of Accounts Payable Contact ❑ Single Location Business ❑ Multiple Location Business Phone Number # of Employees # of Locations If Company or Corporation, owner or Officer Name ❑ Own ❑ Rent If Renting - L+andkxd's Name Please list your Credit References: $ of Credit Requested Type of Business PO Required? ❑ Yes ❑ No SS# How many years in business? Phone # Name Address Phone # Fax # Name Address Phone # Fax # Name Address Phone # Fax # Please list Personal References: Name Address Phone N Name Address Phone # Name Address Phone # Bank Reference: Bank Name Address phone # Bankers Name Account # 0 Checking 17 Savings Bank Fax # Our terms are: invoices are due upon receipt. By your signature below, you are authorizing itsQuest, Inc. to obtain any and all credit information necessary in order to render a decision as to credit worthiness. You also agree to abide by the stated terms on this document and any other itsQuest, Inc. documents. Owner or Officer's Signature Date QC31 03125107 CitsQuest, Inc. 1 of 2 All Rights Reserved Personal Guarantee In consideration for credit to be extended, the undersigned hereby contracts and guarantees to the faithful payment, when due, of all accounts of the company seeking credit. The term will be five (5) years from the date of this credit application. The undersigned guarantor expressly waives all notice of acceptance of this guarantee, notice of extension of credit, presentment of demand for payment and any notice of default by the company seeking credit and all other notices the guarantor might be entitled to. Revocation of the guarantee shall be in writing and delivered by certified mail to: itsQuest, Inc, 3845 50`h St., Lubbock, TX 79413 Owner or Officer's Signature Date We look forward to serving you as our customer and wish to extend our commitment to you that itsQuest, Inc. will strive to give you excellent service. All of our employees and staff members are committed and dedicated to giving you the individual attention you deserve. Our dedication to you, our customer, will be unmatched by any other staffing company. Thanks again for your confidence and the opportunity to serve you. DO NOT WRITE BELOW THIS LINE — UsQUEST, INC. USE ONLY Staff Instructions Branch Location Servicing Account: (Write City/State) 1. Fax this original form to Teri Dobson at (866) 246-4936. 2. If you do not receive a call or fax back with credit approval, give Teri a call to confirm receipt. Do not begin any Work Orders until approval is received. 3. File fax copy of form in Client Master File in your office. 0 Approved 0 Not Approved (reasons and comments) 0 Approved with Conditions: 0 Cashiers Check to be provided each week prior to release of paychecks. 0 Service will be discontinued if invoices fall behind 30 days Credit Limit: $ OC31 03/25/07 ©itsQuest, Inc. 2 of 2 All Rights Reserved �9ar.lt: 2007 3 c8FM Mo•7405 P, 2 ENDORSEMENT NO.1 TWs endorsement, effective 12:01 A.M. 03/14107 forms a part of Policy No. 7545872 issued to. h Quest, Inc. By Natlonal Union Fire Insurance Company of Pittsburgh, Pa. In consideration of an Additional Premium of 64.00., it is agreed that Insuring Agreements I-B and I-C are amended as follows solely with respect to Cfty of Lubbock; however, the liability of the Company under the Policy and under the Policy as changed by this endorsement shall not be cumulative: Limit of liability Deductible Insuring Agreement I-B M'000 $10,000 Clente Fidelity Coverage Insuring Agreement I- C $500,000 $10,000 Legal Liability Fidelity Coverage ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED March 14, 2007 .41ar.1 ". 2007 3 : S 3 P M N0.7406 P. 3 "It is agreed that such insurance is afforded by this policy for the benefit of the additional insured shall be primary insurance as respects to any claim, loss, or liability arising out of the named insured operations and other insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder." r 4rTM20071 3:36WrILPM No 140� N i4�a 3114/Q2 o PRODUCER T IS ISSUED A MATTERFAATTER O RMATI N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BARROW GROUP, LLC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 E. CROGAN STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ _ COMPANIES AFFORDING COVERAGE LAWRENCIEVILLE, GA 30045 (770) 338-7392'""r UNITED STATES FIDELITY 8 GUARANTY A INSURED ITSQUEST, INC. COWANY NATIONAL UNION FIRE INSURANCE COMPANY 3845 50TH STREET - LUBBOCK, TX 79413 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LIMITS LTR GENERAL LIABILITY SSL 9518118 2J4/07 214108 GENERAL AGGREGATE f 2,000,000 PRODUCTS -COMPIOPAGG_ B X COMMMCIALGENERALLIABILITY f INCLUDED CLAIMS MADE u OCCUR PERSONAL &ADV INJURY S 1,000,000 OVWLCR'S&CONTRACTORS PROT S 1,000,000 EACH OCCURRENCE f 100,000 FIRE DAMAGE Wy ona Ate) MED EXP (Any one pmw) f 5,000 AUTOMOBILE LIABILITY SSL 9518118 214107 214/08 COMBINED SINGLE LIMIT f 1,000,000 B ANY AUTO ALL OWNED AUTOS BODILY INJURY I f SCHEDULED AUTOS (Per pe—) X _ HIRED AUTOS T V EIODILY INJURY s X NON -OWNED AUTOS (Perpo6Wene . -- --- PROPERTY DAMAGE f GARAGELJABIUTY AUTO ONLY -EA ACCIDENT f ANY AUTO OTHER THAN AVTO ONLY; EACH ACCIDENT S v...._ AGGREGATE S_-- EXCESS LIABILITY EACH OCCURRENCE f AGGREGATE UMBRELLA FORM P-IOTHER THAN UMBRELLA FORM f - woR1mR'S cOmFENSATION Am D279W00051 911/06 911107 AlsT- A EMPLOYERS' LIABILITY $ 1,000,000 EL EACH ACCIDENT TME PRDPPAETM INCL .POLICY LIMIT 1,000,000 PARTW-RS*-XECVTP/E - OFFKERSARE I I EXCL - - S 1,000,000 - - - EL DISEASE. EA EIAPIOYEE B PROFESSIONAL LIABILITY SSL 9518118 214107 214108 $1,000,000 / $2,000,000 SHAFTED LIMIT WITH GENERAL LIABILITY. DESCRIPTION OF OPERATXRi&LOCATIONWMICLESMPECIAL ITEMS COVERAGE IS EXTENDED TO THE EMPLOYEES OF ITSQUEST, INC., , 3845 50TH STREET, LUBBOCK, TX 79413 APPROVED PRIMARY WORDING ATTACHED. CERTIFICATE HOLDER IS AN ADDITIONAL INSURED IN RESPECT TO GENERAL LIABILITY. SHOULD ANYOF THE ABOVE DESCFIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EOWATION DATE THEREOF, TICE ISSIANG COMPANY WILL ENDEAVOR TO MAIL 1625 13TH STREET, ROOM 204 30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDERNAMEDTO THE LEFT, LUBBOCK, TX 79401-3830 BUT FAILURE TOMAIL SUCH NOTICE POSE R TION OLITY OF ANY IDND UPON THE t AG DR E TIVES. AUTHORIZED REPRESENTATIVE e 0 T1T 0 itcn pwfewional :Staffiog SWUtions LO Being ,duly - authorized on behaff of the above Customer, the no[ and accepts their employment, .jeb assignments, pay pro - undersigned hereby (1) cerfxW that the above hours are correct cdd,ures etc., with. ihQues1tina. Gustotne€ ` " utiderstands and that the°~work was performed .in a satisfactory ma her, 2) iisQuesitinc, employees. are assigned to Customerto render confirms: prior' agreement between- &QileSt„Iec. and Cusp temporary service and absent aigremernt #o`tlaw_ nth are taiYer, with respect to the services performedhereurrder. aril:any° not assigned to 1>'ecortie empfpyed : bX w ricer.' CWtorner future` servic&% that (a) Customer shall not entrust itsQittest,trre:. acknowledges the considerable expense incurred fay employees -With unattended premises, .Cash negotiables or other' hAisOO tne. to.. idve_ rtisa, reenlit, evaluate, train, and -quaff valuables or authorize such employees to operate machinery'or. control s empfcjyees. �cco ii ly, the eustomer`Wifl not, with; - motor vehicles without prior written permission- from out the written Gonsent-from SQUestAnc_ or beforenfrieLy (90) X i&Queskfm. in each instafxce, (b) iftft Stjne. insumnce working days. have elapsed fora temporary on assiWvhent, per- o does - not - cover loss or damage caused by itsQuest,inc, maheritty hire the iLvQueStjnc. employee unless :the, Customer employees operating Customer's owned or leased motor agrees . to pay 100/0 . of t4e. employees -annual .wages. to vehicles(s),. and CustomeYs therefore accepts full responsibility ` aslQlieet- jrw. immediai*,-uponfiringthe tr mpora ry. Customer far claims, including- the defense thereof, involving bodily injury; will .not interfere with tho employrrrerd re#ationship been ri e, 'fine the coltisiore, cargo d p PeY ��9 arrrage or public its��. avid rfs employees or drrify or indirectly r;trse a liabift darir;a4ge- sustainedor- incurredas a': result _ of 9. emptr yee to taansfor to -another• tem- porary help i�sQueAinc. employee driving such v1fiicle(s), or arising out.af : serWice. The Coot ror will: note engaage any fif..i Q�13S�`,i<nc.- or irnrolving violation b -Customer of -paragraph - 2 Y paragrrap h () (a)above, ( tempvrairy . ernployees : d reet - :or otherwise or permit- thani to i4questhic. is .riot responsible for claims made. undef' its cttarige:#o. another _ rrcy unless:by .prior ar gsn nt Fidelity Bond: unless sucfi: claims are reported in _writing to it by ing, w"nth payment of a fee to ifS,i equiv�iferrt to 0/0 of Customer- witi in 30 days after occurrence, (d) Oustomevshall . the annual salary offered by: the�Customer.& agency. s condi- � defend; irtidemnify grid save 1t8QL1@St,iiAr: harmless from any tion,wilt copijl rue . u apply for six month pallod following the -1 ano ell #inns, penalties, and assessments, including attorneys " ten dilation of the contract. tsQuest me. in tu'rrr Wild not engage fees, incui ad t3y. lt$Qii St thei aS a result oaf ahy alleged viola' arty of the Cusco urrori oreae while it is activeiyr -adir g. v�iffr ffons-:of any Federal, State -or local law,. regulation or ordinance the client. Customer. agrees to terms. of NETT UPON RE 1PT, rsfatirig ci health :arid safety with resept. to premises-.. owned or and ut�erstands that .unpaid account. will .tee. considered ih car tolled_by Customer and to which ifsQueSt,tm..emplriyees default- after sixty {60) days after which a default charge writ be are assigned GLm omer' agrees to. provide .to Ais esf,inc imposed at 1-1/Mper.monih-on-unpaid balances (annual per N errtp]oyee^^ :assigned to its safety and hi alth training specific cent ge rate. of 8°fob: or the maxi legal intemst rate, which 3 to.. the i dik to be performed. The Customer . recognizes ` : ever is Power. Customer agrees to pay the default cham() if8 Miftt,'I nc. employer -employee refatonsKip- with itss-person - together wtth reasonable attom. ey's fees for cost of::OCjlectian: