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Resolution - 2007-R0135 - Contract - SOS Staffing Services Inc.- Temporary Employee Services - 04/12/2007
Resolution No. 2007—RO135 April 12, 2007 Item No. 5.16 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 SOS Staffing Services, Inc., 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 12th ATTEST: Rebe'c'ca Garza, City Secretary APPROVED AS TO CONTENT: day of April, , 2007. DAVID �AM LER, MAYOR Vickie Bennett Director of Human Resources APPROVED AS TO FORM: ;A gs/ccdoc/SOS Staffing Svrs.res. 4/3/2007 Resolution No, 2007-RO135 TEMPORARY STAFFING SERVICES AGREEMENT This Temporary Staffing Services Agreement (the "Agreement") is entered into by and between the City of Lubbock (the "City") and SOS Staffing Services, Inc. ("SOS"). The City and SOS hereby agree as follows: 1. StaffinE Services. At the City's request, SOS will make its employees available to the City to work under the City's supervision, direction and control. SOS will provide the City with qualified employees based on the job orders the City places with SOS. SOS's Responsibilities. As the employer of the persons SOS assigns to the City, SOS will pay all wages and make all deductions, deposits and payments required by federal, state and local laws. These include deductions and withholdings for Social Security (FICA), Medicare, federal and state unemployment insurance (FUTA and SUTA), and disability and income taxes. Part of the consideration the City pays for SOS's services shall be applied to workers' compensation and employers' liability insurance, which SOS will provide for each employee assigned to the City. To the extent allowed by law and except for claims or losses that fall under the City's indemnity obligations as set forth or contemplated in this Agreement, SOS agrees to indemnify and hold the City harmless 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 which arise from (a) a breach by SOS of any of its obligations or responsibilities contained in this Agreement, (b) SOS's failure to provide the City with qualified employees based on the orders given to SOS by the City, or (c) the work-related injury or death of SOS's employees while on assignment with the City, provided that such injury or death does not arise from the City's grossly negligent, intentional or willful acts or omissions. SOS 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. The City's Responsibilities. The City agrees to provide a detailed description of the work SOS's employees are to perform so that SOS can properly match its employees with the City's requirements. The City agrees to provide adequate supervision of SOS's employees while on assignment with the City and not to entrust SOS's employees with unattended work sites. The City agrees to provide specific work instructions to SOS's employees and that the City shall be responsible for the work performed pursuant to the City's instructions or under the City's supervision, direction and control. The City agrees to be responsible for and to defend, indemnify and hold SOS harmless from any and all claims or liabilities related to the final product, completed operations or work performed by SOS's employees. If the City permits or request SOS's employees to operate motor vehicles, powered industrial trucks or other powered equipment, or to handle cash, checks or other valuables while on assignment with the City, the City agrees to be responsible for, defend, indemnify and hold SOS harmless, to the extent permitted by law, from any and all resulting claims or liabilities, except for the bodily injury or death of SOS's employees. SOS's policies or agreements related to such activities are attached hereto as Exhibit B and incorporated into this Agreement with this reference. The City is referred to as "you" and "your" in such documents. The City agrees to provide a suitable and safe work place for SOS's employees. The City agrees to provide all necessary safety training related to the City's operations. The City agrees to inform SOS's employees of any hazards related to the City's work site(s) and to inform them of any hazardous materials to which they may be exposed. The City agrees not to permit any of SOS's employees to work at heights over 12 feet or unsecured ladders over 6 feet. The City agrees to comply with any state or local laws to the extent those laws apply to workplace safety and SOS's employees on assignment with the City. SOS will be responsible for monitoring its employees' compliance with the federal Occupational Safety and Health Act and incur all liability associated with such compliance. 4. Invoicing, Rates and Payment Terms. SOS will invoice the City on a weekly basis at the bill rates listed in the schedule attached hereto as Exhibit A. Invoices shall be accompanied by the corresponding time cards. The City's representative's signature on the time cards certifies that the hours shown are correct and that the work was performed to the City's satisfaction. The City agrees that invoices are not disputable after 30 days of the invoice date. Payments are due upon receipt of invoice. The City agree to pay a finance charge which is the lesser of 1.5% per month or the highest rate allowed by law for all past due balances of more than 30 days. If collection becomes necessary, by suit or otherwise, the City agrees to pay all collection costs, including reasonable attorney's fees. SOS reserve the right to increase rates in response to statutory cost increases, including, but not limited to, increases in minimum wage rates, payroll taxes, workers' compensation, unemployment insurance, mandated government rules and regulations, and extraordinary market conditions. Compliance with Laws. SOS agrees to comply with all federal, state and local equal employment opportunity and anti -discrimination laws in connection with the recruitment, employment and assignment of its employees to the City. SOS will not discriminate based on an employee's race, color, national origin, religion, age, sex, disability, marital status or any other protected status. SOS agrees to cooperate with the City in the investigation and resolution of any discrimination complaint brought by its employees related to their assignment with the City. The City agrees to comply with all federal, state and local equal employment opportunity and anti -discrimination laws with respect to SOS's employees working on assignment with the City. The City agrees that it will not make any job order or decision regarding the working conditions or the continued assignment of any of SOS's employees based on such employee's race, color, national origin, religion, age, sex, disability, marital status or any other protected status. The City agrees to provide SOS's employees a workplace free from any unlawful discrimination, including sexual harassment. The City agrees to cooperate with SOS in the investigation and resolution of any discrimination complaint brought by SOS's employees related to their assignment with the City. The City further agrees to cooperate with SOS in complying with the Americans with Disabilities Act and the Family and Medical Leave Act with respect to SOS's employees. 6. Independent Contractor Status. In performance of this Agreement, SOS will at all times act in its own capacity as an independent contractor. Nothing in this Agreement shall be construed to make SOS an agent, partner, or joint venturer of the City. Although SOS's employees shall work 2 under the City's operational supervision, direction and control while on assignment with the City, such persons shall at all times remain employees of SOS. Insurance Requirements. SOS will, at its own expense, provide and keep in full force and effect during the term of this Agreement insurance policies that shall meet or exceed the following requirements: A. Commercial General Liability Insurance. SOS shall maintain commercial general liability insurance with a limit of not less than $500,000 combined single limit in the aggregate and per each occurrence. The City shall be named as an additional insured on such policy on a primary/non-contributory basis as permitted by SOS's carrier. B. Workers' Compensation and Employer's Liability Insurance. SOS shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, SOS 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 SOS maintains said coverage. Any tennination of worker's compensation insurance coverage by SOS or any cancellation or non -renewal of worker's compensation insurance coverage for SOS shall be a material breach of this Contract. A waiver of subrogation shall be provided in favor of the City of Lubbock. C. Certificate of Insurance. SOS will furnish the City with certificates evidencing such insurance coverage. The certificates will provide the City with thirty (30) days notice of any change or termination of the policy. "Term and Termination. This Agreement shall remain in effect for a period of three years from the effective date, which shall be the last date executed below. In the event of a material breach of any of the terms or conditions of this Agreement, the non -breaching party may immediately terminate the Agreement by giving written notice pursuant to section 9 below. The City reserves the right to terminate the Agreement in whole or in part, for any reason, by providing thirty (30) days written notice to SOS. 9. Notices. All notices required or permitted under this Agreement will be effective when received (1) in writing and personally delivered, (2) by a recognized overnight courier, (3) by facsimile, or (4) by registered or certified U.S. mail, return receipt requested, and addressed as follows: If to SOS: SOS Staffing Services, Inc. Attn: Legal Department 2650 S. Decker Lake Blvd., Ste. 500 Salt Lake City, UT 84115 Tel.: 801-484-4400 Fax: 801-483-4291 If to the City: City of Lubbock Attn: F.O. Box 2000 Lubbock, TX 79457 Tel.: 806-775-2312 Fax: 806-775-3316 3 10. Severability. If any court should find any particular provision of this Agreement void, illegal, or unenforceable, then that provision will be regarded as stricken from this Agreement and the remainder of this Agreement shall remain in full force and effect. 11. Governing Law. This Agreement shall be governed by, interpreted and construed in accordance with the laws of the state of Texas. Jurisdiction and venue for any action brought pursuant to or in connection with this Agreement shall lie in the state or federal courts of Lubbock County, Texas. The parties hereby consent to the personal jurisdiction of such courts. 12. Entire Aureement. This Agreement, including any exhibits attached hereto, contain the entire understanding between the City and SOS and supersede all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be released, discharged, changed or modified, except by an instrument in writing signed by each of its duly authorized representatives. Intending to be legally bound, this Agreement is executed by authorized representatives of both parties hereto. CITY OF LU13PAOCK Signature David A. Miller, Mayor Name & Title April 12, 2007 Date ATTEST: ��� Sign ture Rebecca Garza, City Secretary Name & Title April 12, 2007 Date APPROVED AS TO CONTENT. Signa Name & Title Y`�—G"1 Date rd SOS ST Name & Title Ti Date OVED AS T FORM: o an i er, Att n o Coun e1 Resolution No. 2007-80135 EXHIBIT A Service Guarantee Commencement of an Assignment SOS has a four (4) hour guarantee. If the City is dissatisfied with the performance of an SOS associate, SOS will replace that associate, and upon proper notification for the City adjustments will be made. An,, Time an Assignment If the City is dissatisfied with the performance of an associate at any time during the assignment, please call your SOS contact. SOS will make every effort to correct the situation. If we cannot come to an agreement, the SOS representative will come to the work site and escort the associate from the premises. SOS will immediately replace the associate from our pre-screened pool of candidates. 2 ,,U. -TEMPORARY AGENCY HOURLY RATE SHEET ITEM DESCRIPTION HOURLY RATE 1. Account Clerk $ 9.46 2. Cashier $ 9.17 3. Office Assistant $ 9.8 7. Administrative Assistant $ 10.93 13. Recycling Attendant (Solid Waste) $ 11.15 Service Guarantee Commencement of an Assignment SOS has a four (4) hour guarantee. If the City is dissatisfied with the performance of an SOS associate, SOS will replace that associate, and upon proper notification for the City adjustments will be made. An,, Time an Assignment If the City is dissatisfied with the performance of an associate at any time during the assignment, please call your SOS contact. SOS will make every effort to correct the situation. If we cannot come to an agreement, the SOS representative will come to the work site and escort the associate from the premises. SOS will immediately replace the associate from our pre-screened pool of candidates. 2 Resolution No. 2007-RO135 Resolution No, 2007-RO135 8 SOSIStaffing ID You have requested SOS Staffing Services, Inc. ("SOS") to furnish its employees to operate powered industrial trucks or other powered equipment (the "Equipment") as part of their work assignment with you. This policy will apply to the operation of all Equipment by SOS's employees regardless of whether the Equipment is owned, non -owned or hired by you. By signing this document, you acknowledge and agree to the following: 1. SUPERVISION AND SCOPE OF WORK a. SOS's employees will operate the Equipment under your direction, supervision and control. b. You will not permit over -the -road operation of the Equipment or any other vehicles or equipment by SOS's employees. c. You will not request or permit SOS's employees to transport hazardous materials. d. You agree to immediately report to SOS any work-related accidents, injuries or illnesses involving SOS's employees. 2. RESPONSIBILITY FOR CLAIMS 3. SOS is not responsible for and does not insure you against any liabilities arising from or related to the operation of the equipment by SOS's employees, except for claims of bodily injury, including death, to SOS's employees, which are covered by workers' compensation insurance. b. You shall be responsible for, defend, indemnify and hold SOS, its officers, directors, employees and agents harmless from any and all claims, demands, proceedings, causes of action, damages, liabilities, losses, costs and expenses of every kind and description, including reasonable attorneys' fees and/or litigation expenses, related to or arising from the operation of the Equipment by SOS's employees (including the acts or omissions of SOS's employees), including, but not limited to, claims for property damage (including damage to the Equipment, as well as the contents and/or cargo thereof, or any of your property or the property of any other person) and the bodily injury or death of any person, except for injuries to or the death of SOS's employees. 3. INSURANCE a. You will, at your expense, maintain insurance of the applicable types and amounts set forth below with a responsible insurance carrier and in a form acceptable to SOS; i. When SOS's employees operate powered industrial trucks or powered equipment on premises owned or controlled by you, you agree to maintain a reasonable amount of insurance to cover your obligations as set forth in this policy; ii. When SOS's employees operate powered industrial trucks or powered equipment on premises owned or controlled by a third party but while on assignment with you (excluding over -the -road driving or operation), you agree to maintain Commercial General Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence. b. Prior to the operation of the Equipment by SOS's employees and with each policy renewal thereafter, you shall supply SOS with certificates of insurance signed by an authorized representative of the insurance carrier evidencing the coverage, limits, and endorsements required above. At SOS's request, you agree to furnish copies of the actual insurance policies. c. SOS's approval of your insurance does not relieve or limit your obligations set forth in this Policy, including,but not limited to, your liability under Section 2 for claims exceeding the required insurance limits. DRV002 09/05 4. EQUIPMENT MAINTENANCE AND COMPLIANCE WITH LAWS You agree to be entirely responsible for maintenance and inspection of the Equipment, for obtaining any required permits or licenses, and that SOS will not be liable for your failure to perform any of these duties. With respect to powered industrial trucks, you agree to be entirely responsible for compliance with 29 CFR 1910.178 and all other applicable laws and regulations pertaining to the selection, maintenance and operation of powered industrial trucks, as well as the training, certification, supervision and performance evaluations of operators, and that SOS will not be responsible for such compliance. You agree to provide to each SOS employee who is a powered industrial truck operator the manufacturer's operating instructions, pertinent updates, maintenance and safety bulletins for the equipment operated, and sufficient practical instruction and evaluation of the employee's operating skills in the actual working environment to determine that the employee is competent to operate the equipment assigned. You agree to notify SOS when an SOS employee is certified competent, promptly notify SOS of any reports of unsafe driving and report any need for a periodic performance evaluation of an employee's powered industrial truck operating skills. You agree that you shall be responsible for compliance with any applicable federal, state or local laws or regulations with respect to the Equipment, and that SOS will not be responsible for such compliance. rell I am an authorized representative of the company named below and hereby agree to the above provisions. Company Name: By: Date: Title: We hereby permit SOS's employees to operate the Equipment until further written notice. For SOS Staffing Services, Inc. Date: DRV002 09/05 6 SOS IStaffing 0 You have requested SOS Staffing Services, Inc. ("SOS") to furnish its employees to operate motor vehicles as part of their work assignment with you. This agreement will apply to the operation of all vehicles by SOS's employees, regardless of whether the vehicles are owned, non -owned or hired by you, or owned by SOS's employees. By signing this document, you acknowledge and agree to the following: 1. SUPERVISION AND SCOPE OF WORK a) SOS's employees will operate the vehicles under your direction, supervision and control. b) You will not request or permit SOS's employees to transport hazardous materials. c) You agree to immediately report to SOS any work-related accidents, injuries or illnesses involving SOS's employees. 2. RESPONSIBILITY FOR CLAIMS a) SOS is not responsible for and does not insure you against any liabilities arising from or related to the operation of vehicles by SOS's employees, except for claims of work-related bodily injury, including death, to SOS's employees, which are covered by workers' compensation insurance. b) You shall be responsible for, defend, indemnify and hold SOS, its officers, directors, employees and agents harmless from any and all claims, demands, proceedings, causes of action, damages, liabilities, losses, costs and expenses of every kind and description, including reasonable attorneys' fees and/or litigation expenses, related to or arising from the operation of vehicles by SOS's employees (including the acts or omissions of SOS's employees), including, but not limited to, claims for property damage (including damage to the vehicles, as well as the contents and/or cargo thereof, or any of your property or the property of any other person) and the bodily injury or death of any person, except for injuries to or the death of SOS's employees. 3. INSURANCE a) For vehicles with a gross vehicle weight of less than 10,000 pounds, you will, at your expense, maintain insurance of the applicable types and amounts set forth below with a responsible insurance carrier and in a form acceptable to SOS: i) Automobile Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence, and ii) Commercial General Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence. b) For vehicles with a gross vehicle weight of more than 10,000 pounds, you will, at your expense, maintain insurance of the applicable types and amounts set forth below with a responsible insurance carrier and in a form acceptable to SOS: i) Automobile Liability insurance with a combined single limit of liability of not less than $3,000,000 per occurrence, and ii) Commercial General Liability insurance with a combined single limit of liability of not less than $1,000,000 per occurrence. c) You may satisfy these minimum requirements by any combination of primary liability and umbrella or excess liability coverage that results in the same protection to SOS. d) Prior to the operation of vehicles by SOS's employees and with each policy renewal thereafter, you shall supply SOS with certificates of insurance signed by an authorized representative of your company and/or the insurance carrier evidencing the coverage, limits, and endorsements required above. At SOS's request, you agree to furnish copies of the actual insurance policies. e) SOS's approval of your insurance does not relieve or limit your obligations set forth in this policy, including, but not limited to, your liability under Section 2 for claims exceeding the required insurance limits. DRV300 09/05 4. VEHICLE MAINTENANCE AND COMPLIANCE WITH LAWS a) You agree to be entirely responsible for maintenance and inspection of the vehicles (except for those owned by SOS's employees), for obtaining any required permits or licenses, and for the accuracy of manifests and bills of lading, and that SOS will not be liable for your failure to perform any of these duties. b) You agree that you shall be responsible for compliance with any federal motor carrier safety regulations, DOT, EPA, OSHA or any other applicable federal, state or local laws or regulations, and that SOS will not be responsible for such compliance. I am an authorized representative of the company named below and hereby agree to the above provisions. Company Dame: M Date: Title: We hereby permit SOS's employees to operate vehicles as part of their work assignment with you until further written notice. For SOS Staffing Services, Inc.: Date: DRV300 09/05 6 SOS I Staff i ng V You have requested SOS Staffing Services, Inc. ("SOS") to furnish the services of its employees in a manner that will require the employees to handle cash, negotiable instruments, merchandise, inventory or similar items. SOS's employees are cov- ered by workers' compensation, employers' liability and general liability policies. A certificate of insurance will be furnished upon request. It is not practical for SOS to insure or bond its employees for the handling of cash, negotiable instruments, merchandise, inventory or similar items when the employees are placed with you to work under your supervision. Therefore, SOS does not provide insurance coverage or bonds or accept liability for claims or expenses that may result from the mishandling of cash, negotiable instruments, merchandise, inventory or similar items by SOS's employees. In order to secure SOS's services for these purposes, you are required to acknowledge the following: that SOS does not pro- vide coverage in these areas; that you will be entirely responsible for claims arising from the mishandling of cash, negotiable instruments, merchandise, inventory or similar items by SOS's employees; that you have the necessary insurance coverage for such claims; and that your insurance carrier is aware that the employees placed by SOS are not bonded or otherwise insured to handle cash, negotiable instruments, merchandise, inventory or similar items. Permission for SOS's employees to handle cash, negotiable instruments, merchandise, inventory or similar items is condi- tioned upon your signing this form and returning it to SOS before work is to be commenced. Failure to sign and return the form will not be construed as a waiver of the coverage. Therefore, please sign this form in duplicate and return one copy to SOS. I am an authorized representative of the customer and hereby agree to the provisions stated above. Date: Company: Title: We hereby permit SOS's employees to handle cash, negotiable instruments, merchandise, inventory or similar items pursuant to the conditions set forth in this document until further written notice. Date: M SOS Staffing Services, Inc.: Title: EMP 266 05/04 ACQR--D SOSSTACERTIFICATE OF LIABILITY INSURANCE OP10 03/14/07 DASE(MMIDD PRODUCER Diversified Insurance Brokers of 'Utah 136 E. South Temple, Ste 2300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LTR)NS Salt Lake City UT 84111 Phone:801-325-5000 Fax:801-532-2804 INSURERS AFFORDING COVERAGE NAIL INSURED INSURER A Praetorian Insurance Company _ INSURER 8: National Casualty Company 11991 SOS Staffing Services, Inc. & All Assumed Business Names 2650 S Decker Lake Blvd #500 Salt Lake City UT 84119 INSURER C: INSURER D: INSURER E'. rnvr:DAccc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR)NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY PO CY E'� XPIRATION DATE (MWDDIYY LIMITS _ GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 ENI Lid PREMISES Eaoccurence) s Included A, X X COMMERVAL GENERAL LIABILITY H671000949 12/01/06 12/01/07 MED EXP IAny one person) s 5,000 CLAIMS MADE FX] OCCUR PERSONAL SADV INJURY $1,000,000 X Prof Liabi_� H671000949 12/01/06 12/01/07 X Fidelity GENERAL AGGREGATE s2,000,000 H671000949 12/01/06 12/01/07 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO s 2,000,000 Fidelity1,000,000 POLICY EC7 LOC J EC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) B X ALL OWNED AUTOS SCHEDULED AUTOS CA00202770 12/01/06 12/01/07 BODILY INJURY (Per aaident) $ A ..A X X HIRED AUTOS NON-owNEDAUTas H671000949 H671000949 12/01/06 12/01/06 12/01/07 12/01/07 PROPERTY DAMAGE $ (Per accWenl) + GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACG $ AUTO ONLY: AGG $ ANY AUTO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A X OCCUR F� CLAIMSMADE H672000949 12/01/06 12/01/07 $ $ DEDUCTIBLE g RETENTION $10,000 WORKERS COMPENSATION AND TORY LIMITS I ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRMETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ It yea, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder is listed as an additional insured on the General Liability, but only as respects to work performed by the named insured's employees. Providing account clerk, cashier, office assistant, administrative assistant and recycling attendant (solid waste). See page *2 for add -1 wording. :.CERTIFICATE HOLDER GANGLLLA I IVN C ITLU13B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Lubbock PO Box 2000 REPRESENTATIVES.. Lubbock, TX 79457 ACORD 26 (2001108) 0 ACORD CORPORATION 1988 i• . HOLDER GO©E elLa SOSSTAT, ,EPA NOTD t4ME SOS Staffing Services, L G �c *This insurance is primary for the person or organization shown in the schedule. Other insurance afforded to the scheduled additional insured will apply as excess and will not contribute as primary with the insurance afforded by this endorsement. This insurance does not apply to any claim for damages by any insured against another insured. Resolution No. 2007-RO135 NOTICE OF INSURANCE DATE 1 -Apr -06 This Notice Is Issued as a matter of Information only to authorized viewers for their Internal use only and confers no rights upon any viewer of this Notice. This Notice does not amend, extend or alter the coverage described below. This Notice may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its Internal use. Any other use, duplication or distribution of this Notice without the consent of J&W Risk Services, Inc, is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Notice of Insurance via httpaflwww.sosstaffing.com. The information contained herein Is as of the date referred to above. J&W Risk Services, Inc. shall be under no obligation to update such Information. Producer COMPANIES AFFORDING COVERAGE J&VV Risk Services, Inc. Insured Hire Calling, Inc °mpany A Work First Casualty Company Company SOS Staffing Services, Inc. & All Assumed Business Names B Company 2650 Decker Lake Blvd., Suite 500 Salt Lake City, UT 84119 C Company USA D COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUID To THE INSURED NAMED ABOVE FOR HE POLICY PERIODINDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTS WITH RESPECT TO WHICH THIS Naljc MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POtJCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT R TYPE OF INSURANCE POLICY NUMDER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS LIMITS IN USD UNLESS OTHERWISE INDICATED GENERAL LIABILITY COMMERCIAL GENERAL LIABILI7Y GENERAL AGGREGATE PRODUCTS - COMPIOP PERSONAL AND ADV OCCURRENCE INJURY EACH OCCURRENCE FIRE DAMAGE (ANY NE FIR MED EXP (ANY ONE PERSON AUTOMOBILE UA81I COMBINED SINGLE LIMIT BODILY INJURY {PER PER BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE A WORKERS COMPENSAnONI EMPLOYERS unau.m WC 000301A UT, KS, OR, TX, NV, NM, LA, OK, MO, AZ and AR 4/312006 41312007 WORKERS COMP Statutory LIMITS EL EACH ACCIDENT $ 1,000,000.00 EL DISEASE • POLICY LIMIT $ 1,000,000.00 EL DISEASE - EACH $ 1,000,000.00 EMPLOYEE EXCESS WORKERS COMP EXCESS EMPLOYERS LIABILITY A— The The Notice of Insurance serves solely 10 IIsi Insurance? puitueb, IIIIIIiJ al IU LIGLUO UI UUVe0"'. r •r •••�� • ••� hereto are not authorized. 1 of 2 NOTICE OF INSURANCE DATE 1 -Apr -06 This Notice is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Notice. This Notice does not amend, extend or alter the coverage described below. This Notice may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Notice without the consent of JSW Risk Services, Inc. is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the insured named herein to access this Notice via http://www.sosstaffing.com. The information contained herein is as of the date referred to above. AW Risk Services, Inc. shall be under no obligation to update such information such information including the non -renewal or cancellation of the policies. Producer Insured J&W Risk Services, Inc. Hire Calling, Inc SOS Staffing Services, Inc. & All Assumed Business Names 2650 Decker Lake Blvd., Suite 500 Salt Lake City, UT 84119 USA Additional Information As respects WORKERS COMPENSATION policy number WC 000301A: TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION): If the Insured is required by a written contract or agreement, which is executed before a loss, to waive their rights of recovery from others, the Insurer agrees to waive their rights of recovery. This waiver of rights applies only with respect to the Workers Compensation insurance policies shown above and shall not be construed to be a waiver with respect to any other operations in which the Insured has no contractual interest. The Notice of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized. 2 of 2