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HomeMy WebLinkAbout15-0206 Barr's Temporary Service ►S-baofc:, CLERK TYPIST STAFFING AGREEMENT THIS AGREEMENT is hereby made and entered into this/a day of ft-L3 Rii/96›,/ 2015, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and Barr's Temporary Service, Inc., an Illinois corporation (hereinafter referred to as "CES"). WHEREAS, the City desires to retain the services of a clerk typist on a temporary basis; and WHEREAS, CES provides staffing services including, but not limited to, staffing services of clerk typists. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Recitals The above recitals are hereby incorporated into this agreement and made a part hereof as if fully recited hereby. 2. CES' Duties and Responsibilities CES shall: (a) Recruit, screen, interview, and assign its employee ("Assigned Employee") to perform the type of work described on Attachment A, attached hereto and made a part hereof, under the City's supervision at the locations specified by the City; (b) Pay Assigned Employee's wages and provide him or her with the benefits that CES offers to its employees; (c) Pay, withhold, and transmit all applicable payroll taxes; provide unemployment insurance and workers' compensation benefits; and administer and process unemployment and workers' compensation claims involving the Assigned Employee; (d) Require the Assigned Employee to sign an agreement in substantially the form of Attachment B, attached hereto and made a part hereof, acknowledging that he or she is not entitled to holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other benefits offered or provided by the City to City's employees; and 3. The City's Duties and Responsibilities The City shall: (a) Accurately and timely collect and submit all hours worked for all Assigned Employees to CES. (b) Be responsible for its business operations, products, services and intellectual property. The City shall also exercise reasonable judgment in supervising and maintaining operational control and direction over CES's Assigned Employees to ensure that the Assigned Employees do not perform duties that exceed the nature and scope of the job description in Attachment A and for the purpose of compliance with any federal, state, local, regional or municipal rules or regulations governing its business or requiring the City to maintain operational control. Such control and direction shall not include the hiring, firing, or discipline of CES's Assigned Employees, nor shall it include handling of any benefits disputes (i.e. payroll, workers' compensation, health and welfare insurance, COBRA), other than those required to maintain compliance with this paragraph. (c) Supervise, control, and safeguard its premises, processes, or systems. In doing so, the City agrees that neither it nor any of its officers, agents, representatives or employees, shall entrust an Assigned Employee with unattended premises, cash, checks, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without CES's express prior written approval. If this prior written consent is not obtained, the City agrees to indemnify and hold harmless CES from and against all liabilities, claims, losses, judgments, costs and expenses, excluding attorney's fees, resulting from claims and lawsuits brought against CES or the City as a result of any property damage, bodily injury or any damage, loss or expense arising out of or related to the Assigned Employee engaging in any of those activities; (d) Provide the Assigned Employee with a safe work site to the extent required by law 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. The City agrees not to expose any CES Assigned Employee to any unnecessary hazard or extra hazard, and not to violate any OSHA or safety law, rule or regulation whether federal, state, or local. (e)Not change the Assigned Employee's job duties without CES' express prior written approval; and (0 Exclude the Assigned Employee from the City's benefit plans, policies, and practices, and not make any offer or promise relating to the Assigned Employee's compensation or benefits. 4. Payment Terms,Bill Rates, and Fees (a) The City shall pay CES for its performance at the total cumulative rate of $18.00 per hour. CES shall invoice the City for services provided under this agreement on a monthly basis. Payment is due on 30 days receipt of invoice. Invoices shall be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employee. If a portion of any invoice is disputed within 30 days of submission, the City shall pay the undisputed portion only, pending resolution of the disputed portion. 2 (b) Assigned Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. CES shall charge the City special rates for premium work time only when an Assigned Employee's work on assignment to the City, viewed by itself, would legally require premium pay and the City has authorized in writing, directed, or allowed the Assigned Employee to work such premium work time. The City's special billing rate for premium hours shall be the same multiple of the regular billing rate as CES 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, the City shall be billed at 150% of the regular bill rate.) (c) For the initial Assigned Employee, if the City desires to offer permanent employment, directly employ, or use his or her services as an independent contractor, or through any person or firm other than CES, during or within thirty (30) days after any assignment or aforementioned use of services of the initial Assigned Employee, whichever is later, the City shall notify CES. For all Assigned Employees after the initial Assigned Employee, if the City desires to offer permanent employment, directly employ, or use his or her services as an independent contractor, or through any person or firm other than CES, the City must make a request in writing to CES for approval. If the Assigned Employee has been assigned to the City for less than 520 hours, the City shall pay a conversion fee of a sum equal to 15% of the billed rate, times the remaining hours to complete the Assigned Workers 520 hours. The City will pay no conversion fee after an Assigned Worker has been assigned to the City for 520 hours. If the CES Assigned Employee is hired as an employee, or provides services to the City as an independent contractor or through a third party within six (6) months from the last day of work through CES, without satisfying the above conditions, the City shall pay CES a conversion fee. The fee is due regardless of whether the Assigned Employee works full time or part time. The City shall not pay attorney's fees and costs for the collection of any conversion fee. (d) In addition to the bill rates specified in of this agreement, the City shall not be required to pay CES the amount of any new or increased labor costs associated with the City's Assigned Employee that CES is legally required to pay such as wages, benefits, payroll taxes, social program contributions, or charges linked to benefit levels. 5. Cooperation The parties shall cooperate fully and shall 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 the Assigned Employee. 6. Indemnification and Limitation of Liability (a) Except to the extent covered by a party's applicable workers' compensation policy, the parties agree to indemnify and hold harmless one another, their officers, directors, employees and agents, from and against all liabilities, claims, losses, judgments, costs and expenses, excluding attorney's fees, resulting from claims and lawsuits brought against them as a result of 3 injury or death to persons or damage to property or any damage arising out of any rule or law (statutory or common law) due to the unlawful, intentional, negligent or wrongful acts of the other party or its representatives, supervisory personnel, managers, agents, employees, officers or directors in direct proportion to the amount of negligent performance or negligent non- performance attributed such party under this Agreement. CES further agrees to indemnify and hold harmless the City for any and all costs, fees, fines, and penalties, incurred by the City under the Immigration Reform and Control Act (IRCA) to the extent caused by CES's hiring practices, employment or placement practices. (b) The parties agree to indemnify and hold harmless one another and their officers, directors, employees and agents, from and against all liabilities, claims, losses, judgments, costs and expenses, excluding attorney's fees, resulting from any claims, complaints, charges, grievances, and lawsuits brought against them to the extent resulting from the acts, errors, or omissions of the other party relating to an Assigned Employee placed at the City. This agreement to indemnify includes, without limitation, claims of employment discrimination, wrongful discharge, breach of contract, harassment, retaliation, and any and all claims arising under any federal, state or local constitution, statute, regulation, rule, ordinance, order, public policy, contract or common law, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Americans with. Disabilities Act, the National Labor Relations Act, the Fair Labor Standards Act, any state law pertaining to wages, hours or child labor, or the payment of compensation earned, due and/or owing, the Employee Retirement Income Security Act, and any local, state or federal laws as such laws are or have been or will be amended. (c) CES agrees to indemnify and hold harmless the City, its officers, directors, employees and agents, from and against all liabilities, claims, losses, judgments, costs and expenses, including attorney's fees, and all taxes and penalties, arising from CES's or any CES subcontractor's failure to pay, timely and in full, any and all payroll or other taxes of any kind relating to any employees of CES or any of its subcontractors, including but not limited to federal or state income taxes, unemployment insurance contributions and Social Security contributions, regardless of whether or not it is alleged or determined by any court, agency or other tribunal that the City is deemed to be the employer or a joint or co-employer of any of the Assigned Employees. (d) The provisions 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. 7.Miscellaneous (a) Provisions of this agreement, which by their terms extend beyond the termination or nonrenewal of this agreement, shall remain effective after termination or nonrenewal. (b)No provision of this agreement may be amended or waived unless agreed to in writing signed by the parties hereto. 4 (c) Each provision of this agreement shall 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 shall be affected. (d) This agreement and any attachments to it contain the entire and sole agreement between the parties regarding the subject matter hereof. There are no other oral, written or implied agreement between the parties hereto regarding the subject matter hereof (e) The provisions of this agreement shall, and are intended to, inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. (f) The failure of a party to enforce the provisions of this agreement shall not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this agreement. (g) Any notice or other communication shall 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. (h)Neither party shall 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. 8. Venue Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 9.Background Chocks At CES's sole expense, CES shall perform such background/qualification checks that it deems reasonable or which is lawfully required for the assignment to the City and affirms that it shall not assign unqualified personnel to the City. 10. Approval The City shall have the continuing right to disapprove of the person designated as the Assigned Employee by CES and to require a suitable replacement. 11. Guarantee CES warrants that the Assigned Employee that CES assigns to the City shall have the qualifications the City requests. If the City finds any Assigned Employee's qualifications or general work-related behavior lacking and so informs CES, CES shall make reasonable efforts to replace the Assigned Employee immediately. 5 12. Insurance CES shall provide the City certificates of liability insurance coverage and shall name the City as an additional insured for CES' services. 13. Nature of Relationship The services that CES shall render to the City under this agreement shall be as an independent contractor. Nothing contained in this agreement shall be construed to create the relationship of principal and agent, or employer and employee, between CES and the City. Neither CES nor any personnel employed by, engaged by or affiliated with CES shall be considered as having employee status at the City. The parties acknowledge that they are not entering into a joint venture or partnership with each other, and neither party shall represent to a third party that it has entered into such a joint venture or partnership. 14. Headings The headings of the paragraphs of this agreement are inserted solely for the convenience of reference. They shall in no way define, limit, extend, or aid in the construction of the scope, extent, or intent of this agreement. 15. Contract Interpretation The rule of construction that ambiguities in an agreement are to be construed against the drafter shall not be invoked or applied in any dispute regarding the meaning of any provision of this agreement. 16. Choice of Law This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to any conflicts of law principles thereof. 17. Training CES employees shall be oriented/trained in all safety, hazardous communication (MSDS Information, etc.) and operational instructions by CES in the same manner as any employees or as required by CES'policies or law including safety meetings, etc. 18. Safety Equipment CES employees shall be required by the City to wear all appropriate safety equipment. 19.Notice of Accidgnt or Iniury 6 CES shall be notified immediately in the event of an accident or injury of the Assigned Employee. CES shall have access to the job site and Assigned Employees, for the purpose of documentation, in the event of an accident. 20. Medical Treatment CES shall coordinate and arrange for any appropriate medical treatment of the Assigned Employee (unless it is an emergency) at a PPO or EPO (preferred or exclusive provider). 21. Intoxication The City shall notify CES in the event the Assigned Employee acts intoxicated or in a suspicious manner. 22. Report A qualified representative of CES shall be allowed to obtain any report after an accident or injury of the Assigned Employee to insure property disposition of possible claims. 23. Term of Agreement This agreement shall terminate as of the earliest of(a) December 31, 2015; (b) the performance of 1110 cumulative hours of work by Assigned Employees; or (c) the written termination of this agreement by either party hereto. 24. Compliance with Law Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, CES shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. CES shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. CES will ensure that an Employment Eligibility Verification form(I-9) is properly completed for each Assigned Employee assigned to the City. Further, unless prohibited by state or local law CES will perform the E-Verify(or IMAGE) process for each employee assigned to the City and will retain records of the verification. CES will comply with all local, state and Federal E-Verify registration and compliance requirements and all local, state and Federal anti-discrimination laws when administering E-Verify. CES will provide a letter certifying that it has and will continue to comply with the verification requirements specified herein. CES will also retain I-9 and W-2 forms for all employees assigned to the City for the time period required under the law and make them available for audit and review by the City, upon reasonable notice. CES and the City agree to cooperate with each other with regard any audits or investigations by a federal, state or local governmental agencies. 7 25. Execution This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 26. Interest CES hereby waives any and all claims to interest on money claimed to be due pursuant to this agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). CITY OF ELGIN: BARR'S TEMPORARY SE VICE, INC.: By: By: /0/, City Manager Attest: Name/Print: '117.,k CFi.✓a,Yt t Title: ireJ r- c., (— City Clerk F.\Legal Dept\Agreement\Barr's Temp-CES-Clerk Typist Agr-2-4-15 doca 8 ATTACHMENT A CLERK TYPIST GENERAL DEFINITION AND CONDITIONS OF WORK: Under direct supervision, serves as main clerical staff for an operating division or as a member of the secretarial staff of a larger department; performs varied typing activities requiring some independent judgment on content and format; performs a variety of clerical activities which permit a limited choice of procedures and independence of action in the disposition of routine matters. This is sedentary work requiring the exertion of up to 10 pounds of force occasionally, and a negligible amount of force frequently or constantly to move objects; work requires reaching, fingering, grasping, and repetitive motions; vocal communication is required for expressing or exchanging ideas by means of the spoken work; hearing is required to perceive information at normal spoken word levels; visual acuity is required for preparing and analyzing written or computer data, operation of machines, determining the accuracy and thoroughness of work, and observing general surroundings and activities; the worker is subject to inside environmental conditions. Regular attendance is an essential function of the position. ESSENTIAL FUNCTIONS/TYPICAL TASKS: Performs general office receptionist functions; answers telephone/greets visitors, fulfills requests for information, arranges appointments, and refers telephone or personal callers to appropriate individuals. Types a variety of material including correspondence, records, reports, forms, and stencils which may require independent judgment in selection of information and suitable format; reviews work for typing, spelling, and grammatical accuracy. Establishes and maintains confidential files, records, and correspondence; assists supervisor in gathering, compiling, and preparing special reports. Receives, sorts, opens and distributes incoming mail; prepares and routes outgoing mail; may receive monies which are prepared for deposit or transmittal. Assembles special studies and reports; audits records; prepares tabular statements; proofreads data; compiles tables, charts, and graphs as needed by department staff. Prepares permits, requisitions, vouchers, certificates, and other related forms or documents; checks contents for accuracy, and forwards to appropriate office or prepares for transmittal to proper agency. Performs other duties as required or assigned. KNOWLEDGE, SKILLS AND ABILITIES: Must have the ability to understand and follow varied oral and written instructions; ability to communicate effectively orally and in writing with customers, vendors and employees and remain polite and courteous under stressful situations; working knowledge of business, English, spelling, and commercial arithmetic; elementary knowledge of methods and procedures of records processing and maintenance, including data entry; ability to type accurately at 35 wpm rate of speed; ability to maintain clerical records and prepare reports derived from such records; ability to prepare, maintain, and forward all requisite records, reports, and files; ability to sort, 9 classify, code and otherwise prepare materials for filing or terminal entry; extensive and demonstrative knowledge of the use and application of MS Office Suite and electronic mail system; ability to establish and maintain effective working relationships with others. EDUCATION AND EXPERIENCE: Graduation from high school or completion of GED, supplemented with one year of general office experience. This is a class description and not an individualized job specification. The class description defines the general character and scope of duties, responsibilities, and requirements of all positions in one job classification, but is not all inclusive. 10 ATTACHMENT B Benefits Waiver for Assigned Employee Agreement and Waiver In consideration of my assignment to City by CES, I agree that I am solely an employee of CES for all purposes, including but not limited to pay, taxes and benefits, and that I am eligible only for such benefits as CES may offer to me as its employee. I further understand and agree that I am not eligible for or entitled to participate in or make any claim upon any benefit plan, policy, or practice offered by City to any of their direct employees, regardless of the length of my assignment to City by CES and regardless of whether I am held to be a common-law employee of City for any purpose; and therefore, with full knowledge and understanding, I hereby expressly waive any claim or right that I may have, now or in the future, to such benefits and agree not to make any claim for such benefits. EMPLOYEE WITNESS Signature Signature Printed Name Printed Name Date Date 11