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HomeMy WebLinkAboutResolution - 2001-R0070 - Contract To Provide Temporary Employee Services - Spherion Corporation - 02/22/2001Resolution No. 2001-R0070 February 22, 2001 Item No. 39 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, RFP #274-00/LR, by and between the City of Lubbock and Spherion Corporation 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 22nd day of February ,200 .- - �F WINDY SI N, MAYOR ATTEST: Rebec^a Garza, City Secretary APPROVED AS TO CONTENT: /'�4� �— Mary Andre Managing Director of Human Resources APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdoes/Cont-SpherionCorp.res,Inc. Feb. 2, 2001 Resolution No. 2001-R0070 February 22, 2001 Item No. 39 Temporary Employee Services Contract RFP#274-00/LR THIS AGREEMENT, effective as of February 25, 2001, is made by and between the City of Lubbock, referred herein as City, and Spherion, workforce architects, referred herein as Contractor. WITNESSETH WHEREAS, the City of Lubbock desires temporary employee service; and WHEREAS, the Contractor employs a professional human resource staff that specialists in the flexible staffing industry and have a comprehensive recruiting program; and WHEREAS, the City desires to contract with the Contractor to provide temporary services to the City. NOW THEREFORE, for and in consideration of the terms, covenants, and conditions set forth in this Agreement, the City and Contractor hereby agree as follows: ARTICLE I. BACKGROUND Section 1.1. The following terms shall have the following respective meanings for 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 25, 2001. 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, workforce architects. Section 1.2. Agreement. The City will select two temporary agencies, per job family categories, to service this contract and will provide personnel requests to these agencies as needed. Section 1.3. Background. The Contractor will conduct standard background checks on all positions: including telephone reference checks, criminal history checks, chemical screening checks. ARTICLE II. GENERAL CONDITIONS Section 2.1. Compensation. The Contractor has proposed hourly rates for all clerical temporary workers described in job descriptions in Article IV. Section 2.2. Liaison. The Contractor will appoint one person, the Branch Manager, Marcelle Nedrow who will service this contract and who will be the liaison between the City and Contractor. Section 2.3 General Duty. The Contractor will provide on an as -needed basis as determined by the City, temporary employee services for several clerical departments within the City of Lubbock. Contractor shall provide qualified temporary employees within 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 are placed. Job descriptions are attached as Exhibit A. Section 2.4. Testing. The Contractor will provide temporary workers who have completed customized testing to meet the necessary requirements as per job descriptions. Section 2.5. Right of Refusal. The City reserves the right to reject workers provided by the Contractor, if they are found to be unacceptable before or after starting on the job they have been assigned. Section 2.6. No Obligation. The City shall have no obligation to hire any temporary worker it is supplied under the terms of this contract on a full time basis following the term of the part time employment. Section 2.7. Placement fee. The City shall pay no placement fees on any temporary employee provided by the Contractor should a full time placement be offered. Section 2.8. Bond. The Contractor will bond and maintain all temporary employees placed on assignment to the City. Section 2.9. General Duty. The Contractor will provide the City with weekly billing by department, with normal payment terms being Net thirty (30) days of periodic invoice in accordance with the hourly rates listed in Article IV. 2 ARTICLE, III CONTRACT TERM Section 3.1. Term of Agreement. The term of this agreement commences on February 25, 2001 and continues without interruption for a term of one year from and after the Effective Date. Section 3.2 Renewal terms, After completion of the initial Contract term the Contract may be renewed annually for up to two (2) additional years, under the same terms and conditions and at the sole discretion of the City. ARTICLE IV PROPOSER INFORMATION Section 4.1 Pre Screening. Contractor provides proof of Insurance and bonding in Attachment A, and has met the required pre -requisites to qualify for this contract. Compensation. The Contractor shall charge the City according to the hourly rates listed below. Account Clerk 2. Cashier 3. Office Assistant 4. Administrative Assistant Pay Rate Bill Rate 7.77/hr 10.56/hr 6.90/hr 9.38/hr 7.77/hr 10.56/hr 9.83/hr 13.36/hr The rates listed above are effective for one year from the Effective Date of the Agreement Testing. The Contractor will test all temporary employees using a national interview process and testing procedure that recognizes talents and personality profiles that match the specified job descriptions. These assessments are evaluated in conjunction with background checks, Chemical testing, work history reference calls, and availability. Every effort will be made to meet the guidelines of the EEOC and APA (American Psychological Association). ARTICLE V INDEMNITY & INSURANCE Section 5.1. General Indemnity Provision. Spherion, workforce architects 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 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, by the performance of Spherion, workforce architects, its agents or employees, in the execution of this agreement. Section 5.2. Insurance. The 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 Best financial grading that exceeds the required 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 has been prepared and executed by Marsh USA, Inc. prior to this Agreement, (attachment A). A Certificate of insurance will 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 insurance, other than Workers Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock and contain an endorsement naming the City of Lubbock as an additional insured. Worker's Compensation. Contractor shall obtain worker's compensation and employer's liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinators. Commercial General Liability. Contractor shall have commercial liability insurance with a minimum of one million dollars ($1,000,000.00) combined Single Limit. Section 5.3. File copies. The contractor shall file copies of all insurance policies with the City Purchasing Manager and will not cancel any of them without the Purchasing Manager's written approval. Section 5.4. Severability. The Contractor shall provide cross liability and severability of interest clauses. A liability policy shall provide a waiver of subrogation in favor of the City of Lubbock. Section 5.5. Financial Grading. The Contractor's Insurance Company shall carry a Best financial grading of A: VII and shall be licensed and admitted to do business in the State of Texas. n Section 5.6. State Endorsements. The Contractor shall provide Certificates of Insurance 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 Company these endorsements. ARTICLE VI INDEPENDENT CONTRACTOR STATUS 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. ARTICLE VII REPRESENTATIONS AND WARRANTIES Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and qualified to carry on business in the State of Texas. Corporate Power. Contractor has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. 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. Contractor. Contractor 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. 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 regulations, 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 part, liability or loss on the part Wi 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. Confidentiality. Contractor agrees to retain all information received from or concerning the City and 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. ARTICLE VIII MISCELLANEOUS Contractor's Address. Contractor's address and numbers for the purposes of notice are: Spherion, workforce architects Attn. Marcelle Nedrow 4920 South Loop 289, Suite 103 Lubbock, Texas 79414 Tel (806) 788-1118 Fax(806)7881120 Email: marcellenedrow@spherion.com City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn. Mary Andrews P.O. Box 2000 Lubbock, Texas 79457 Tel (806) 775-2315 Fax (806) 775-3316 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 (15) day after proper notice is given to the other party. 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. Assignability. This Agreement may not be assigned by Contractor without the prior written Approval of the City. C Successor and Assigns. This Agreement binds, and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY THE 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 CONTEMPLATRD HEREBY. 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 the Contractor and City. Entire Agreement. This Agreement, including Exhibit A and Attachment A, contains the entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 7 SPHERION, WORKFORCE ARCHITECTS CITY OF LUBBOCK WINDY SITLTO'MAYO NAME: MI C( Ul Ce-`lle TITLE: ed-�Ocjl ATTEST: CQ�' jC-4-le.- - Rebecca Garza, City Secreta APPROVED AS TO CONTENT APPROVED AS TO FORM "�'& ')VLP� illiam de Haas Contract Manager Mary AndremQ, Managing Director Human Resources APPROVED AS TO FORM "�'& ')VLP� illiam de Haas Contract Manager Resolution No. 2001-80070 City of Lubbock (exhibit A) Temporary Worker Qualifications 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 fax machine. Entry level hourly wage: Pay/ $7.77/hr Bill/ $10.56/hr Worker's Compensation Classification of Operations Code: 8810 2. 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 to and from work station. 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. Entry level hourly wage: Pay/ $6.90/hr Bill/ $9.38/hr Worker's Compensation Classification of Operations Code: 8810 E 3. 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. Entry level hour wage: Pay/ $7.77 Bill/ $10.56.hr Worker's Compensation Classification of Operations Code: 8810 4. 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 pr minute. Ability to transcribe material from a Dictaphone system. Ability to understand charts, tables and other basic statistical information. Ability to occasionally stand, walk, bind, 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 to25 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 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. Entry level hourly wage: Pay/ $9.83 Bill/ $13.36/hr Worker's Compensation Classification of Operations Code: 8810 10 Resolution N0. 2001-R0070 Amendment #1 Temporary Employee Services Contract This amendment to the February 25, 2001, Temporary Employee Services Contract between the City of Lubbock, Texas, and Spherion Workforce Architects for temporary employee services, is made and entered between the parties May 21, 2001. WHEREAS, City entered into a Contract with Spherion Workforce Architects, dated February 25, 2001, for temporary employee services, and WHEREAS, both parties desire to amend this Contract; and NOW THEREFORE, for and in consideration of the mutual covenants herein, the parties do agree to amend the Contract as follows: 1. Article IV PROPOSER INFORMATION the second paragraph is deleted and replaced with the following: 1. Account clerk 2. Cashier 3. Office Assistant 4. Administrative Assistant Pay Rate Bill Rate $6.00 $7.80 $6.00 $7.80 $6.00 $7.80 $6.00 $7.80 The rates listed above are effective for one year from the Effective Date of the Contract. 2. Appendix A Temporary Worker Qualification is amended to reflect the bill and pay rates in Section 1 above. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed this 2nd day of August , 2001. CITY OF LUBBOCK Windy s Mayor SPHERION, WORKFORCE ARCHITECTS Marcelle Nedrow Branch Manager Temporary Employee Services Contract, City of Lubbock & Spherion, Workforce Architects Page 1 ATTEST: Q, J"O" " Rebecca Garza City Secretary APPROVED AS TO CONTENT: Mary AndrUws Director of Human Resources APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Professional Services Contract, City of Lubbock & Schrickel, Rollins, and Associates, Inc. Page 2