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Home My WebLink AboutResolution - 2009-R0493 - Agreement - Angel Staffing Inc.- Nursing Personnel To Administer H1N1 Vaccine - 11/05/2009Resolution No. 2009-80493 November 5, 2009 Item No. 5.40 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 General Staffing Agreement to provide nursing personnel to administer H1N1 vaccine during health department -sponsored clinics, by and between the City of Lubbock and Angel Staffing, Inc., and related documents. Said Agreement 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 5th day of November , 2009. TOM MARTIN, MAYOR ATTEST: Rebecca aria, City Secretary APPROVED AS TO CONTENT: Rhea Cooper, Fire Chief APPROVED AS TO FORM: ,7 C a Weaver, Assistant City Attorney vw:ccdocs/RES.Agreement-Angel Staffing, Inc. October 20, 2009 Resolution No. 2009—RO493 4 F A F F I N G General Staffing Agreement Angel Staffing, Inc., with its principal office located at 1202 E. Sonterra Blvd. Suite 501, San Antonio, TX 78258 ("STAFFING FIRM"), and, City of Lubbock Health Department with its principal office located at 1902 Texas Avenue, Lubbock, Texas 79408, ("CLIENT") agree to the terms and conditions set forth in this Staffing Agreement (the "Agreement"). STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will a. Recruit, screen, interview, and assign its employees ("Assigned Employees") to perform the type of work described on Exhibit A under CLIENT's supervision; b. Pay Assigned Employees' wages and provide them with the benefits that STAFFING FIRM offers to them and for which they are qualified; c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; d. Require Assigned Employees to sign agreements (in the form of Exhibit B) acknowledging that they are not entitled to holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other benefits offered or provided by CLIENT; and e. Require Assigned Employees to sign confidentiality agreements (in the form of Exhibit C) before they begin their assignments to CLIENT. f. Reports : At no additional cost to CLIENT, STAFFING FIRM will generate and deliver to CLIENT the following reports, a. Staffing Schedules b. Any other reports within reason as requested by client. i.e. Budget, cost incurred. g. Background Checks: At Staffing Firms's expense, STAFFING FIRM will perform the following types of background/drug/professional credentialing checks for all employees which it selects for assignment to CLIENT and will not assign unqualified personnel to CLIENT: • Criminal Background Check • Violent Sexual Offender & Predator Search • OIG list of Excluded Parties list • GSA list of parties excluded from Federal Programs • Government Suspects List • Pre-employment 10 panel Drug Screen • Random Drug Screen Policy • Licensure Verification & Tracking program • Certification Verification & Tracking program • Reference Checks • Employment Verification (past seven wars) • Education Verification • Annual I lealth Assessment l Screening • Proof of. Hepatitis B vaccination MMR Vaccine • Varicella Titer • PPD within past 12 months or chest t-ra% • Patient Privacy Agreement • 1111PA In-service • Live 24 Hour 1 7 day a week service • Equal Employment Opportunity Polk,, • Job Descriptions specific to DSHS standards for the immunization program and CDC fink Book Knowled,,C • Fire & Electrical Safcty Annual Review • I landling Medical Waste Annual Review • OSI IA Standards Annual Review h. Insurance :STAFFING FIRM will cover STAFFING FIRM's staffing operations for CLIENT with at least the following types and limits of insurance or other coverage (ACORD sheet attached to contract): a. Workers' compensation benefits or coverage on the Assigned Employees, in amounts no less than required by law. b. Employer's liability insurance c. Commercial general liability insurance, including personal injury, contractual liability, and property damage d. Professional Liability insurance policies with minimum limits of $1,000,000 per occurrence and $3,000,000 annual aggregate. Staffing Firm shall provide immediate notice of any change in coverage, limits or cancellation to Client. Proof of such insurance shall be furnished to the Client from Staffing Firm. Any cancellation shall be a breach of contract. CLIENT's Duties and Responsibilities 2. CLIENT will a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services, and intellectual property; Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM's express prior written approval or as strictly required by the job description provided to STAFFING FIRM; c. Provide Assigned Employees with a safe work site and provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site; d. Exclude Assigned Employees from CLIENT's benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees' compensation or benefits. Payment Terms, Rill Rates, and Fees 3. CLIENT will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A. STAFFING FIRM will invoice CLIENT for services provided under this Agreement on a bi-weekly basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CLIENT's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes Angel Staffing, Inc. General Staffing Agreement 2009 STAFFING FIRM to bill CLIENT for those hours. If a portion of any invoice is disputed, CLIENT will pay the undisputed portion. Late Payment Penalty: CLIENT agrees to pay net upon receipt of invoice and to pay interest on any unpaid balances after 30 days from the date of invoice at of _1_ % or the maximum legal rate, whichever is higher, calculated from the date of receipt. 4. Assigned Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. STAFFING FIRM will charge CLIENT special rates for premium work time only when an Assigned Employee's work on assignment to CLIENT, viewed by itself, would legally require premium pay and CLIENT has authorized, directed, or allowed the Assigned Employee to work such premium work time. CLIENT's special billing rate for premium hours will be the same multiple of the regular billing rate as STAFFING FIRM is required to apply to the Assigned Employee's regular pay rate. (For example, when federal law requires 150% of pay for work exceeding 40 hours in a week, CLIENT will be billed at 130% of the regular bill rate.) Confidential Information 7. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CLIENT's confidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. Cooperation 8. The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Indemnification and Limitation of Liability 9. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CLIENT and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by STAFFING FIRM's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of STAFFING FIRM or STAFFING FIRM's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 10. To the extent permitted by law, CLIENT will defend, indemnify, and hold STAFFING FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by CLIENT's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or willful misconduct of CLIENT or CLIENT's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 11. Deleted. Angel Staffing, Inc. Genera! Staffing Agreement 2009 3 12. As a condition precedent to indemnification, the party seeking indemnification will inform the other party within 2 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter. 13. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Miscellaneous 14. Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement will remain effective after termination or nonrenewal. 15. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 16. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 17. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 18. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. 19. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 20. CLIENT will not transfer or assign this Agreement without STAFFING FIRM's written consent. 21. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 22. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party. Term of Agreement 23. This Agreement will be for a term of 1 year from the first date on which both parties have executed it. The Agreement may be terminated by either party upon 30 days written notice to the other party, except that, if a party becomes bankrupt or insolvent, discontinues operations, or fails to make any payments as required by the Agreement, either party may terminate the agreement upon 48 hours written notice. This agreement may be extended with mutual agreement of both parties. Angel Staffing, Inc. General Staffing Agreement 2009 Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. City of Lubbock Health Department CLIENT Signature TQM MARTIN, MAYOR Printed Name Mayor Title November 5, 2009 Date ATTEST (:Q,, co,�� - Reber a Garza, City Secre Approved as to form: Printed Name el, -57) Title n Date Aparoved as to Content: Chad Weaver, Assistant City Rhea Coo r, Fire Chief Attorney Angel Staffing, Inc. General Staffing Agreement 2009 5 C 5+ A F F I N G Exhibit A Rate Schedule Job Description: Resolution No. 2009-RO493 RN's, LVN's and administrative support for H1N1 vaccination project within the state of Texas. Specifically supplemental medical professional and administrative services in support of Texas regional, county and city Public Health Departments. City of Lubbock Health Department CLIENT Sicnature TOM MARTIN Printed Name Ma Title November 5, 2009 Date S�I Ir_19101N1AWIVA 11 shao n"6-4 Printed Nammee 6VD Title Date Angel Staffing, Inc. General Staffing Agreement 2009 6 G RN LVN C.N.A./MA Administrative Clerks Hourly Rate $67.00 $56.00 $35.00 $35.00 OT Rate, over 40 hours worked in 1.3x base one week. 1.3x base rate rate 1.3x bast rate 1.3x base rate City of Lubbock Health Department CLIENT Sicnature TOM MARTIN Printed Name Ma Title November 5, 2009 Date S�I Ir_19101N1AWIVA 11 shao n"6-4 Printed Nammee 6VD Title Date Angel Staffing, Inc. General Staffing Agreement 2009 6 G L Resolution No. 2009-RO493 br CERTIFICATE OF LIABILITY INSURANCE �A�Zic6 ~oe las aFICATE 19 ISSUED AS A MATTER OF INFOKMAIlUn ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Iyllthall , Sachs* t Pipes, Inc 'HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR IO 8. Sonterra 41100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW .an Antonio TX 78258 Phone: 210-384-0000 tax: 710-384-0110 INSURERS AFFORDING COVERAGE MAIC AYLiJIIlO INWRER A. TMRIr xTiiurande INSURER® Pro Asauranoe 2va1 $taffiqzl , In INSURERS Ban Antonio 72 te2$8 , *501 THE PODS OF 41SURANCE LLSTEO BELOW HAVE BEEN "LIED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOr WTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY eE I&SUED OR MAY PERTAIN, THE INSURANCE AFFOW*O IIIA THE POLICIES OESCRIEID HEREIN 15 ZMECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SMH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMI6. LTR TYPE OF IPMRANDE I POLICY NUNRIt M UMITIy OENERAL LIABILITY EACH OCCURRENCE I I � 000,000'_ B X COMMERCU1lOENERALLIABILITY IHGLO742109 02/29/09 02/26/10 PREMISiB PNW1M9.J–. f 50,000 _ MED F%P (AAy um P&wI i ftcludad CLAIMS MADE X I OCCUR x Professional HP88742309 02/28/09 02/26/10 PERSONALAADVIFIJURY 21,000,000 OENERAL AGGREGATE s 3, 0_00 LO 0 0 OEIrt AWREGATE LIMIT APPLIES PER PROMMS - COMPIOP AGO ' f Included Potty [71 P; Lot i Prof . --- - -- 1000,000 ELIABILJTY i OOMWNCD SINGLE LIMIT i f ANY AUTO (Es socidEnt) ALL OWNEO AUTOS 90OILYINJURY s SCHEVACIAUTOS iwr. oFno q HIRED AUTOS SOOILY INJURY NDN-OWNEDAUTDs .–._._....,----..._..__.._--- PROPERTY DAMAGE E IP.0-do" GARAeE LIABILITY AUTO ONLY . 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E L DISEASE - POLICY L&AT i S 10 00000 OTH" DBSCYNFTION OP OPERATION& I LGCATKANSI VEHICLES AEXCLUSICHS ADOW MY ENDWSWEYT I Sft=AL PROw510NS Professional policy is: Raalthaaz* Practitionsr'r/service; professional Liability Insurance cGKIIPIGAIG MUL.DEH; CANCELLATION EI"" ANY DF THE AEOn DE e"eaD Pw,ICIES as GANCELLID EE#DIRE THE EKPINATID SAMCl.RT DATE THEREOF, THE lames """An w"EIIDEAVOR TD owl. �_ DAY* WRIT 4H NOTICE TO THE CERTIFICATE HOLDER NAWD TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION TIN LIAWLFTY OF ANY KIND LOPON THE MSURER, ITS AGENTS OR S IIPLE CZRTI FICAT3 The ACORD name Enid logo are registered marks of ACORD