Loading...
HomeMy WebLinkAboutResolution - 2010-R0101 - Contract 9436 Kelly Services Inc. - 03/04/2010Resolution No. 2010—RO101 March 4, 2010 Item No. 5.4 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, Contract No. 9436 for temporary employment for technical/clerical services pursuant to Bid # 10 -020 -DT, by and between the City of Lubbock and Kelly Services, Inc., 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 on ATTEST: Rebeccl Garza, City Secretary APPROVED AS TO CONTENT: -A Andy Burcham, Chief Financial Officer APPROVED AS TO FORM: Chad eaver, Assistant City Attorney vwxcdocs/RES.Contract-Kelly Services, Inc. February 19, 2010 March 4, 2010 TOM MARTIN, MAYOR Resolution No. 2010—RO101 City of Lubbock, TX SERVICE AGREEMENT Temporary Employment Services for Technical/Clerical RFP 10 -020 -DT Contract 9436 This Service Agreement (this "Agreement") is entered into as of the 4th day of, March 2010, ("Effective Date") by and between Kelly Services, Inc. (the Contractor), and the City of Lubbock (the ccCity"). RECITALS WHEREAS, the City has issued a Request for Proposal 10 -020 -DT for Temporary Employment Services for Tech nical/Clerical. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Temporary Employment Services for Technical/Clerical upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Conditions 3. Exhibit B —Temporary Worker Qualifications 4. Exhibit C —Temporary Agency Bill Rate Sheet Article 1- Services 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit A (the "Services") and attached hereto. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall RFP 10 -020 -DT Temporary Employment Services Page I of 10 [TechnicalClerical Kelly Services] be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 - Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX Tom Martin, Mayor RFP 10 -020 -DT Temporary Employment Services Page 2 of 10 [Technical/Clerical Kelly Services] CONTRACTOR Na e: Michelle Lea herwood Title: District Manager ATTEST: Rebecca arza, City Secretary AS TO CONTENT: Leisa Hutcheson, Director of Human Resources and Risk Management APP AST FORM: Assistant City Attorney RFP 10 -020 -DT Temporary Employment Services Page 3 of 10 [TechnicaVClerical - Kelly Services] Resolution No. 2010—RO101 EXHIBIT A GENERAL CONDITIONS 1.1 Proposers will quote a bill rate for each type of temporary worker described in the job descriptions EXHIBIT C to this request for proposal. These rates will remain effective for one year. The rate should encompass any payments to the temporary employee as well as applicable costs for conducting Drivers License Checks, Criminal History Background Checks, Drug/Alcohol Screens, Physicals, etc. Workers compensation coverage will be the responsibility of the agency. 1.2 The agency will appoint one person who is an employee of the agency who will service this contract and who will be the liaison between the City and their agency. 1.3 The agency will be able to provide temporary workers within 8 hours of the phone request and if the City is not contacted and/or provided with a temporary within that time period the City reserves the right to contact another agency for service. 1.4 The agency will provide workers who possess the necessary skills, knowledge and ability to perform the jobs into which they are to be placed, as per attached job description. 1.5 The City reserves the right to reject workers provided by the successful agency, if they are found to be unacceptable before or after starting on the job to which they have been assigned. 1.6 There shall be no obligation on the part of the City to hire any temporary worker it is supplied under the terms of this RFP on a full time basis following the term of the part time employment. 1.7 Should the City wish to hire an individual who has been filling the temporary position, neither the individual nor the City will be required to pay a placement fee. 1.8 The selected agency will have and maintain a $500,000 fidelity crime bond on the employees it provides to the City to protect the City from any loss caused by the workers it provides. 1.9 The successful agency is to provide the City with weekly billing by department. Normal payment terms are Net 30. 2.0 CONTRACT TERM/TERMINATION 2.1 The contract shall be for a term of three-year, said date of term beginning upon City Council date of formal approval and shall continue without interruption from the executed date, under the same terms and conditions. 2.2 The City may reserves the right to terminate the contract in whole or in part, for any reason, by providing a thirty (30) days written notice to the Agency. 3.0 INDEMNITY INSURANCE Proof of coverage shall be furnished to the City of Lubbock in the form of a certificate of insurance. The insurance certificates furnished shall name the City of Lubbock as a primary additional insured and provide a waiver of subrogation in favor of the City of Lubbock, or in the alternative, shall be accompanied by a statement from the contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 3.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and employees from and against any and all liability or alleged liability without fault and liability by virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar as applicable to this Contract or the work to be performed hereunder and including cost of suit, RFP 10 -020 -DT Temporary Employment Services Page 4 of 10 [Technical Clerical - Kelly Services] attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract or the work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its officers and employees, excepting only such injury or harm as may be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any subcontractor, or materialsman, or anyone acting on behalf of contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 3.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of the Contractor's liability insurance shall be provided prior to receipt of a signed contract. The following insurance is required. 3.2.1 Workman's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job including Employers Liability of at least $500,000 aggregate. Commercial General Liability Insurance at minimum combined single limits of $500,000 each occurrence and in the aggregate and shall include the following: $500,000 Personal Injury and Advertising Injury $500,000 Contractual Liability Automobile Liability for non -assigned, non -temporary staff- Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to the following: Any Auto. Not withstanding, no temporary workers shall operate any vehicle for motor driven equipment in the course of providing any services pursuant to this contract. 3.2.2 A Comprehensive General Liability Insurance form may be used in lieu of a Commercial General Liability Insurance form. However, if the successful offeror chooses this alternative, he must get specific requirements from the City of Lubbock. 3.3 All policies or certificates shall also contain the following endorsements: 3.3.1 Name insured wording which includes the Contractor, Subcontractors, and the City of Lubbock with respect to general liability and automobile liability. 3.3.2 All liability policies shall contain cross liability and severability of interest clauses. 3.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance coverages. 3.3.4 The policy shall be endorsed to require the insured to immediately notify the City of Lubbock of any changes in the insurance coverage. KPT 10-020-DT'rcmporary Employment Services Page 5 or 10 [Technical/Clerical — Kelly Services] 3.4.1 A best financial grading of A: VII or better 3.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas Guaranty Fund. 3.5 All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of insurance shall be prepared and executed by the insurance company or it's authorized agent and shall contain provisions representing and warranting the following: 3.5.1 The company is licensed and admitted to do business in the State of Texas. 3.5.2 The company's forms have been approved by the Texas State Board of Insurance. 3.5.3 Sets forth all endorsements as required above. 3.6 The City of Lubbock shall receive at least sixty (60) calendar days notice prior to cancellation or termination of insurance. RFP 10 -020 -DT Temporary Employment Services Page 6 of 10 [Technical Clerical Kelly Services] Resolution No. 2010—RO101 EXHIBIT B TEMPORARY WORKER QUALIFICATIONS 1. ACCOUNT CLERK Any combination of education and experience equivalent to graduation from high school and six months of experience in maintaining and reviewing financial records. Ability to skillfully operate office machines relating to maintaining and reviewing of financial records. Knowledge of principles, procedures, and terminology used in financial record keeping. Knowledge of card, loose leaf, and bound ledgers. Ability to make and post arithmetical calculations rapidly and accurately. Ability to comprehend and follow oral and written instructions. Ability to occasionally lift up to ten pounds when filing. Ability to push and pull objects in order to open and close file cabinets. Ability to frequently rotate upper trunk to the right or left while sitting or standing in order to perform duties at a desk. Ability to communicate effectively with others. Machines and equipment used during the shift are a typewriter, calculator, computer, telephone, copy machine, and a fax machine. 2. ACCOUNTANT I — (ACCOUNTING) Any combination of education and experience equivalent to completion of a bachelor degree in accounting or finance with no specific experience required. May consider other degree with 18 hours coursework in accounting. Knowledge of the principles, practices, and standards of general and governmental accounting. financial and quantitative analysis methods. Ability to prepare and review financial transactions. Ability to prepare accounting and financial statements and schedules. Ability to communicate effectively orally and in writing. Ability to operate computer and software. Ability to compile and interpret data. Ability to analyze problems and develop effective solutions. Ability to occasionally lift up to occasionally lift up to 25 pounds. Ability to occasionally carry up to 25 pounds. Ability to frequently stand and walk. Ability to occasionally kneel. Ability to frequently pull or push objects. Ability to frequently rotate upper trunk to right or left while sitting or standing. Ability to frequently reach above, at, or below shoulder height. Ability to frequently handle objects. 3. ACCOUNTANT II -(ACCOUNTING) Any combination of education and experience equivalent to the completion of a bachelor degree in accounting, finance, or a related field with two to three years of accounting or closely related finance experience. Knowledge of principles, practices, and standards of general and governmental accounting. Knowledge of financial and quantitative analysis methods. Ability to prepare and review financial transactions. Ability to prepare accounting and financial statements and schedules. Ability to communicate effectively orally and in writing. Ability to operate computer and software. Ability to compile and interpret data. Ability to analyze problems and develop effective solutions. Ability to occasionally lift up to 25 pounds. Ability to occasionally carry up to 25 pounds. Ability to frequently stand and walk. Ability to occasionally kneel. Ability to frequently pull or push objects. Ability to frequently rotate upper trunk to right or left while sitting or standing. Ability to frequently reach above, at, or below shoulder height. Ability to frequently handle objects. 4. SENIOR ACCOUNTANT -(ACCOUNTING) Any combination of education and experience equivalent to the completion of a bachelor degree in accounting, or a related field with three years experience in accounting. of accounting or closely related finance experience. Knowledge of principles, practices, and standards of general and governmental accounting. Ability to coordinate the accounting operations for an assigned system or funds. Ability to RFP 10 -020 -DT Temporary Employment Services Page 7 of 10 [Technical Clerical Kelly Services) coordinate and supervise the work of others. Ability to perform professional accounting duties with limited supervision. Ability to use independent, professional judgment to propose and implement changes required by accounting standards. Ability to occasionally lift up to 25 pounds. Ability to occasionally carry up to 25 pounds. Ability to frequently stand and walk. Ability to occasionally kneel. Ability to frequently pull or push objects. Ability to frequently rotate upper trunk to right or left while sitting or standing. Ability to frequently reach above, at, or below shoulder height. Ability to frequently handle objects 5. OFFICE ASSISTANT Any combination of education and experience equivalent to graduation from high school and one to three years of secretarial experience. Knowledge of office practices and procedures. Knowledge of computer principles and procedures. Knowledge of proper public contact and telephone etiquette. Ability to type 55 words per minute. Ability to spell and use correct grammar. Ability to transcribe material from a dictaphone. Ability to communicate effectively with others. Ability to prepare and maintain accurate records. Ability to occasionally rotate upper trunk to the left or right while sitting or standing. Ability to occasionally lift and carry up to 10 pounds. 6. ADMINISTRATIVE ASSISTANT Any combination of education and experience equivalent to graduation from high school and two to three years of progressively responsible clerical experience. Knowledge of office methods. Familiarity with clerical and financial record keeping procedures. Knowledge of standard office machines. Ability to establish and maintain effective public relations. Ability to type at a rate of 50 words per minute. Ability to transcribe material from a Dictaphone system. Ability to understand charts, table, and other basic statistical information. Ability to occasionally stand, walk, bend, and kneel during the shift. Ability to frequently lift up to ten pounds and occasionally lift up to 25 pounds. Ability to frequently carry up to ten pounds and occasionally carry up to 25 pounds. Ability to push and pull objects in order to open and close file drawers. Ability to occasionally flex upper trunk forward 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 place arms above, at, and below shoulder height. Ability to communicate effectively with others. Machines and equipment used during the shift are a computer, calculator, Dictaphone, telephone, copy machine, printer, typewriter, fax machine, paper shredder, adding machine, camera, cassette tape recorder, and postage machine. 7. BOOKKEEPER -(ACCOUNTING) Any combination of education and experience equivalent to the completion of a high school diploma with one to three years experience in clerical work involving financial recordkeeping or bookkeeping. Knowledge of Microsoft Excel and other accounting software applications. Knowledge of fundamental bookkeeping procedures. Ability to make arithmetical calculations with speed and accuracy. Ability to communicate effectively with others. Ability to maintain detailed financial records accurately. Ability to occasionally lift and carry up to 10 pounds. Ability to occasionally climb stairs during the shift. Ability to frequently rotate upper trunk to the right or left while sitting or standing. Ability to place arms above, at, or below shoulder height. 8. SENIOR BOOKKEEPER -(ACCOUNTING) Any combination of education and experience equivalent to the completion of a high school diploma with three years of bookkeeping, accounts payable, or closely related experience. Knowledge of computer systems as they apply to financial transactions. Knowledge of bookkeeping principles and practices. RFP 10 -020 -DT Temporary Employment Services Page 8 of 10 [Technical Clerical Kelly Services] Knowledge of office procedures involving review, verification, and processing of documents related to accounts payable, accounts receivable, and bookkeeping. Ability to make work assignments and expedite workflow. Ability to handle a variety of customer relations problems. Ability to communicate effectively with others. Ability to frequently rotate upper trunk to the left or right while standing or sitting. Ability to place arms above, at, or below shoulder height. Ability to use hands and fingers in order to process invoices and reports. Ability to frequently lift and carry up to 10 pounds 9. CIVIC CENTER BOOKKEEPER -(ACCOUNTING) Any combination of education and experience equivalent to the completion of a high school diploma with five years of bookkeeping experience. Knowledge of computer systems as they apply to financial transactions. Knowledge of bookkeeping principles and practices. Knowledge of office procedures involving review, verification, and processing of documents related to accounts payable, accounts receivable, and bookkeeping. Knowledge of preparation of financial statements. Ability to prepare and review financial transactions. Ability to prepare accounting and financial statements and schedules. Ability to communicate effectively orally and in writing. Ability to operate business computer and software. Ability to compile and interpret data. Ability to analyze problems and develop effective solutions. Ability to frequently rotate upper trunk to the left or right while standing or sitting. Ability to place arms above, at, or below shoulder height. Ability to use hands and fingers in order to process invoices and reports. Ability to frequently lift and carry up to 10 pounds. 10. CASHIER Any combination of education and experience equivalent to graduation from high school and three to six months experience of general clerical work. Knowledge of the methods of receiving and accounting for money. Knowledge of general clerical procedures. Ability to make simple arithmetical computations quickly and accurately. Ability to accurately maintain financial records and accounts. Ability to effectively meet the public. Ability to occasionally stand, bend, and kneel during the shift. Ability to occasionally lift up to ten pounds in order to move the change drawer. Ability to occasionally carry up to ten pounds in order to carry the change drawer to and from work station. Ability to push and pull objects when operating a cashier drawer. Ability to frequently rotate upper trunk to the right or left while sitting or standing in order to operate a cashier window station. Ability to place arms at and below shoulder height. Ability to communicate effectively with others. Machines and equipment used during the shift are a calculator, computer, copy machine, typewriter, and a teller terminal. RFP 10 -020 -DT Temporary Employment Services Page 9 of 10 [Technical/Clerical Kelly Services] Resolution No. 2010—RO101 Temporary Employment Services for Technical/Clerical CITY OF LUBBOCK, TEXAS RFP 10 -020 -DT EXHIBIT C TEMPORARY AGENCY BILL RATE SHEET ITEM DESCRIPTION BILL RATE 1 Account Clerk $ 12.20 2 Accountant 16.94 3 Accountant II 19.31 4 Senior Accountant 23.71 5 Office Assistant 12.20 6 Administrative Assistant 12.87 7 Bookkeeper 13.55 8 Senior Bookkeeper 15.58 9 Civic Center Bookkeeper 17.25 10 Cashier 10.84 Company Name: Signature of Com Printed name of company official and title: Michelle M. Leatherwood / District Manager RFP 10 -020 -DT Temporary Employment Services Page 10 of 10 [Technical Clerical - Kelly Services]