The URL can be used to link to this page

Home My WebLink AboutAUGUSTA STAFFING ASSOCIATESSTATE OF GEORGIA ) COUNTY OF RICHMOND ) AGREEMENT This agreement, effective this 1" day of March 2, 2009 is entered into between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as (Augusta), and AUGUSTA STAFFING ASSOCIATES, 218 Oak Street — Suite E, hereinafter referred to as (Augusta Staffing).(Reference RFP 08 -100). WITNESSETH: WHEREAS, Augusta desires to retain the services of a staffing agency to fulfill the temporary staffing needs of Augusta; and, . WHEREAS, Augusta Staffing has represented to Augusta that it is qualified and experienced Id providing temporary staffing services and based upon Augusta Staffing's representations, Augusta desires to retain their services to perform the work described herein. NOW THEREFORE, for and in consideration of their mutual benefit, the sufficiency of which Is hereby acknowledged, the parties hereto agree as follows: 1. This Agreement shall be for a term of Three years commencing on March 2, 2009 and ending March 02, 2012. 2. The parties agree that Augusta may terminate this Contractor any work or delivery required hereunder, from time to time, either in whole or In part, whenever the Commission, on recommendation from the Administrator, shall determine that such termination is in the best interest of Augusta. a. Termination, In whole or in part, by Augusta shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Augusta Staffing, and 1 specifically setting forth the effective date of termination, which date shall not be sooner than sixty (60) days from the date of the Notice. b. Upon receipt of such Notice, Augusta Staffing shall: i. Cease any further work due under this Contract, on the date, and to the extent, which may be specified in the Notice; and ii. Use its best efforts to mitigate any damages which maybe sustained as a consequence of termination under this clause. C. In the event this Contract is terminated as provided above, the contract amount set forth herein shall be prorated on a monthly basis and Augusta Staffing shall be paid for all work performed up to the date of termination. d. Termination by Augusta Staffing shall be effected by delivery of a Notice of Termination signed by a duly authorized official mailed or delivered to the Augusta Administrator, providing the effective date of termination, which date shall not be sooner than sixty (60) days from the date of the Notice. 3. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein. 4. Upon 24 hours notice, Augusta Staffing shall provide the necessary temporary employee to Augusta. 5. Augusta Staffing agrees to provide equal opportunity for all potential employees and qualified applicants for employment without regard to race, religion, color, national origin, sex, or age. 6. Augusta Staffing agrees to comply with the American with Disabilities Act, all Equal Employment Opportunity Commission laws, the Immigration Control Act of 1986 and all Federal, State and Local laws. 2 7. Augusta Staffing agrees to insure the qualifications of an applicant submitted to'Augusta for temporary work through a combination of aptitude tests, skill assessments, interviews, background checks, and other common and custom procedures in the personnel industry. 8. Augusta Staffing shall obtain a Criminal Background Report on all temporary employees who are referred to Augusta for work assignments. No candidate with a record of arrest of a crime involving moral turpitude will be referred within two years of the date of arrest, unless such person is found not guilty of such an offense, or from the date of conviction or discharge from sentence, including probation. No candidate with a felony conviction shall be referred to Augusta. 9. Augusta Staffing agrees to require that all employees referred to Augusta pass an iDP -6 Panel Drug Test within 30 days prior to the start of the assignment. 10. Augusta shall pay Augusta Staffing as full compensation for their services and that of the temporary employee a price to be determined based on job function, duration, qualifications, and /or job experience. Said price shall Include any wage due unto the temporary employee for which Augusta Staffing hereby agrees to be 100% responsible. Compensation shall be mutually agreed upon in advance and evidenced by a writing signed by both parties. 11. Augusta Staffing shall indemnify, defend and hold Augusta and including without limitations, members of the Augusta - Richmond County Commission, and any or all departments of Augusta harmless from and against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, Including but not limited to court costs, expert fees and reasonable attorneys' fees) which may be incurred by, charged to, or recovered from the foregoing: (i) by reason or on account of illegal act by the temporary worker, (ii) any act by the temporary worker resulting in injury to or death of any person while temporarily employed with Augusta, (iii) any work, act or omission of the temporary employee outside the scope of their general job description to include but shall not be limited to any and all forms of harassment, discrimination, or any conduct that may be construed as creating a hostile work environment, subjecting Augusta to liability, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by Augusta's negligence which shall not include any claim of negligence by Augusta in selecting Augusta Staffing as a service provider. Augusta will refer to Augusta Staffing promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Augusta Staffing or its insurer, and Augusta Staffing or its insurer shall have the right to compromise and defend the same to the extent of Its interest. Any final judgment rendered against Augusta for any cause for which Augusta Staffing is liable hereunder shall be conclusive against Augusta Staffing as to liability and amount. Augusta is hereby authorized to withhold any payment due to Augusta Staffing by the liable amount. 12. Augusta shall have 24 -hour, on -call access to Augusta Staffing's Office Division staff for emergency needs. 13. Any candidate referred to Augusta for temporary employment shall under no circumstances constitute an employee of Augusta. Said candidate shall not be entitled to or receive and benefits from Augusta, nor vacation, sick or holiday time. Augusta's payment to Augusta Staffing shall constitute full compensation and Augusta's only obligation for the temporary employee. 14. Augusta Staffing acknowledges that all records relating to this agreement and the service under the contract may be a public record subject to Georgia's Open Record Act (O.C.G.A & 50- 18 -70, et seq.) Augusta Staffing shall cooperate fully in responding to such request and making all records, no exempt, available for inspection and copying as provided by law. 15. This Agreement may not be amended, modified, or altered in any manner except in a writing signed by all parties. No covenant or condition of this Agreement may be waived except by the written consent of the proper party. Any such written waiver of any term of this Agreement is effective only in the specific Instance and the specific purpose given. 16. This Agreement constitutes the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Agreement are binding on any of the parties. 17. All claim, disputes and other matters in question between Augusta and Augusta Staffing arising out of or relating to this agreement, or the breach thereof, shall be decide in the Superior Court of Richmond County, Georgia. The parties through the execution of this agreement, specifically consent to the jurisdiction and venue of Richmond County, Georgia, and waive any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 18. If one or more of the provisions of this Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application of the provision to the other parties or circumstances remain valid and full force and effect. 19, This Agreement and each of its provisions is binding on and insures to the benefit of the respective heirs, assignees, executors, administrators, trustees, and successors of the parties. IN WITNESS WHEREOF, Augusta and Augusta Staffing Associates have executed, signed, sealed, and delivered this agreement effective the day and year first written above. Augusta Staffing Associates Title: Attest: Human Resource Director Augusta, Georgia Mayor Deke Copenhaver I- Attest; ` i Clerk 311s110