HomeMy WebLinkAboutBarrett Business Services Inc.- Recreation EI3E1
02.25.20
Thank you for your interest in utilizing our services to provide employees to City of Central Point on a
temporary basis. We sincerely appreciate this opportunity and look forward to a rewarding partnership between
our two companies.
The following outlines the Agreement for Services between Barrett Business Services, Inc. ("BBSI") and City
of Central Point("CLIENT"). Should you find this agreement acceptable, please sign and return the original to
BBSI.
1. BBSI agrees to provide employees to CLIENT in accordance with the fees and terms as outlined in the
attached Fee Schedule 1. The assigned employees are the employees of BBSI; however,they are under the
direct supervision and control of the CLIENT.
2. BBSI shall be responsible for all matters related to the payment of federal, state and local payroll taxes,
workers' compensation coverage, compensation, and benefits for the assigned employees.
3. CLIENT is responsible for developing a job description for each position to be staffed through BBSI. Each
job description properly outlines the work to be performed by BBSI employees. Any alteration to an
individual employee's assignment and/or job description must first be approved by BBSI.
4. The work and services shall be performed by BBSI employees at the CLIENT's premises or such other loca-
tion as designated by CLIENT. CLIENT may not assign any BBSI employee to work out of state without
prior authorization from BBSI. The work site, equipment and working conditions shall be monitored and
supervised by CLIENT at CLIENT's sole cost and expense. CLIENT shall comply with all federal, state
and local laws and regulations regarding the proper use and safety of equipment and premises.
5. The CLIENT shall comply with all applicable employment related laws, including, without limiting the
generality of the foregoing,the provisions of the Americans With Disabilities Act, Occupational Safety and
Health Act, Fair Labor Standards Act and similar State and Federal laws and requirements. The CLIENT
shall provide such specialized job training as is necessary for the safe and proper performance of the job
assigned to all BBSI employees.
6. Except for workers' compensation coverage and claims, which shall be the responsibility of BBSI, CLIENT
agrees to defend and indemnify BBSI from any claims, demands, fines, suits, actions, proceedings, orders,
decrees, and judgments, including the cost, expenses and reasonable attorneys fees of whatever kind or
nature, by any party whomsoever, resulting from or in connection with any act, failure to act, conduct,
breaches of this Agreement by CLIENT, and the BBSI employees under CLIENT's supervision and control
which may have caused bodily injury, death, illness, property damage, damage to business, business
interruption, or any other damage, loss or claim. CLIENT will pay to BBSI any cost, expense and
reasonable attorneys fees that BBSI may incur in defending any claim or enforcing this indemnity. CLIENT
waives any right of subrogation arising as a matter of law or otherwise which CLIENT might hereinafter
have against BBSI or BBSI employees.
7. BBSI will promptly notify the CLIENT of the existence of any claim to which BBSI has knowledge and to
which CLIENT's indemnification obligation would apply. BBSI will deliver to CLIENT copies of all
pleadings, if any, filed or in connection with such claim and provide the CLIENT with such further informa-
tion concerning the claim as the CLIENT may reasonably request. BBSI will use all reasonable efforts to
minimize the amount of the claim.
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8. CLIENT agrees to immediately notify BBSI of any accident or injury involving a BBSI employee.
9. CLIENT agrees not to authorize any BBSI employee to operate machinery, motor vehicles, automotive or
truck equipment without approval from a designated BBSI Risk Manager in each instance.
10. For so long as BBSI shall supply employees to CLIENT, CLIENT shall maintain comprehensive general
liability insurance with coverage for bodily injury, personal injury and property damage liability, medical
payments with a general or aggregate limit of not less than $1,000,000. At BBSI's discretion, BBSI may
request to be named as an additional insured. CLIENT shall furnish liability insurance for any employee
authorized by BBSI to operate a vehicle for CLIENT. The policy shall insure against public liability, for
bodily injury and property damage with a minimum combined single limit of$1,000,000. The policy shall
include uninsured motorist coverage and personal injury protection coverage and name BBSI as an
additional insured. CLIENT shall provide BBSI with a certificate of insurance certifying that the above
coverage's are in place during the term of this Agreement.
11. In the event it is necessary for any party hereto to institute a suit in connection with this Agreement or
breach thereof,the prevailing party in such suit shall be entitled to reimbursement for its reasonable costs,
expenses and attorneys fees incurred, including fees incurred on any appeal or review.
12. CLIENT hereby agrees to pay BBSI a fee as determined by BBSI for services performed by BBSI. Payment
terms are outlined in the attached Fee Schedule 1. The fee shall be payable during the entire term of this
Agreement, and any unpaid fees shall be immediately due upon termination of this Agreement. CLIENT
recognizes that the failure to make payments when due will result in additional expense to BBSI. CLIENT
therefore agrees to pay a late charge in the amount of five percent(5%) of any delinquent payment to
compensate BBSI for such additional expenses. In the event that any payment made by CLIENT in the form
of a check, draft, or order for the payment of money has been dishonored for lack of funds or credit to pay
the same or because payment has been stopped, CLIENT shall pay to BBSI, in addition to the amount of
the dishonored payment and the aforementioned late charges, if applicable, a charge equal to the lesser
greater of (i) five percent (5%) of the amount of said dishonored payment, or(ii) $500. The charges
shall be assessed for each such default, shall be due and payable with such payment without notice or
demand being required,therefore. The imposition or collection of said charges from time to time shall not
be in lieu of any other remedy of BBSI, and the failure to collect the same shall not constitute a waiver of
BBSI's right to require such payment for past or future defaults nor BBSI's rights to declare a default of the
entire Agreement. An unpaid balance will also be subject to a periodic charge of the lesser of one and one-
half percent(1 1/2%) per calendar month or the maximum amount permissible by law, until paid. Time is of
the essence in this Agreement. BBSI reserves the right to suspend or terminate all of its obligations and
services due to CLIENT under this Agreement until full payment has been made of any amount past due.
13. The individual signing on behalf of the City is duly authorized to sign on behalf of City and to bind the City
to the terms of this Agreement.
14. Both BBSI and CLIENT shall comply with all applicable labor laws and laws regarding equal employment
opportunities, whether federal, state or local.
15. CLIENT acknowledges the considerable costs BBSI incurs to recruit, evaluate, and assign employees.
CLIENT agrees to discuss all matters concerning their assignment with BBSI. CLIENT agrees to the
following conversion fees if an offer to employ, or cause to be employed, occur within the initial date of
assignment.
a. Within 30 days of assignment a fee equal to 160 hours of pay at the full markup rate will be assessed.
MEI
City of Central Point
FEE SCHEDULE "1"
AGREEMENT FOR SERVICES - PAYMENT RATES AND PAYMENT TERMS
Fee Schedule (%Markup)
Job Classification Code(s)
Straight Time Overtime
9061 —Club, NOC and Clerical 38% 38%
8810 - Clerical 30% 30%
9410—Municipal, Township, County, Or State Employee NOC 32% 32%
Payment Terms
Invoices Due: Net 30 Days.
BBSI's fee schedule is conditioned upon the promise of Customer to pay all invoices billed at
the time which the invoice is due.
• Invoices are sent via email on the same day as employee payday
Failure to pay within net terms may result in immediate cancellation of this Agreement.
Print Name/ -2( ` Pe-i-e6 ei 1
Customer Signatur �1 Date: '2I3/2C )2
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SCHEDULE "1"
EXEEig
b. Within 31-59 days of assignment a fee equal to 120 hours of pay at the full markup rate will be assessed.
c. Any exception to this clause requires written approval from a BBSI Business Partner.
16. This agreement may be terminated by either BBSI or City of Central Point,with or without cause, upon
thirty days written notice.
17. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon.
18. This Agreement represents the entire agreement between BBSI and City of Central Point. Each party to this
Agreement acknowledges that no representation, inducements or promises, orally or otherwise, have been
made by either party, which are not embodied herein, and that any other agreement, statement or promise
which is not contained in this Agreement shall not be valid or binding, on either party.
19. This Agreement for Services correctly sets forth the understanding of BBSI and City of Central Point.
BBSI: CLIENT:
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Signature of Guarantor
Date Guarantor Signed Agreement