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Home My WebLink AboutResolution 2009-29 Agreement with Vision Staffingf.ity of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 20W29 MOTION BY: Gmach SECONDED BY: Thomas A RESOLUTION TO ENTER INTO AN AGREEMENT WITH VISION STAFFING SOLUTIONS TO HIRE A CITY CLERK/BOOKEEPER WHEREAS, the city in its 2009 Budget and in its Personnel Plan provides for a position of Bookkeeper/ Clerk. WHEREAS, this position has been vacant since the beginning of 2009. WHEREAS, the City Administrator has evaluated the position in order to determine that it meets the needs of the city. The Administrator has determined that it is in the best interest of the city to immediately fill the position. WHEREAS, the City Administrator has conducted an extensive search and has used the services of an Vision Staffing, Inc., an employment agency, to help find qualified candidates. A candidate has been found by the agency and recommended to the city. WHEREAS, the candidate has been interviewed three times by the City Administrator and once by the city's Financial Consultant Joe Rigdon. The unqualified recommendation of the administrator and the financial consultant is that this person is well qualified to fulfill the position. NOW THEREFORE BE IT RESOLVED, that the city enter into the agreement provided in attachment 1 with Vision Staffing Inc. for the placement of one person to fill the position of Bookkeeper/Clerk commencing on July 27, 2009. BE IT FURTHER RESOLVED, the city understands that the entire cost to the city is $28.00 per hour to fill this position and that the person appointed remains in the employment of Vision Staffing, Inc. Also it is understood that the city is able to appoint this person at its choosing to be a Full time employee of the city after a minimum of 520 hours of service in the position, and that there will be no additional cost to the city claimed by Vision Staffing Inc. if the city chooses to make this appointment. VOTING AYE X Guenthner, Ken X Gmach, George X Hudok, Christopher X Milbrandt, Rosalyn X Thomas, Ron VOTING NAY Guenthner, Ken Gmach, George Hudok, Christopher Milbrandt, Rosalyn Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July, 2009. v ATTE City Seal By accepting the services of Vision Staffing Solutions, Inc. (VSS) and its Assigned Employees ("Employees"), Client is deemed to have accepted the Terms and Conditions herein. Terms and Conditions become effective upon your placement of an order, whether oral or written, with VSS. VSS will supply .such Employees as you may from time to time request to work under your direction, control and supervision. Client will not change or re -assign Employees' job title/s, job duties, and/or compensation package without VSS prior approval. SALARIE S VSS is responsible for payment of Employees' wages and benefits that VSS offers them. VSS will pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits. Unless otherwise directed by Client, VSS considers all positions to be nonexempt and Employees are entitled to be paid overtime in accordance with the law. LOSS RESPONSIBILITIES While every effort is made by VSS #o maintain high standards of integrity and reliability and to provide staff in accordance with Client requirements, Client and VSS agree that VSS shall not be responsible for any loss, expense, damage or delay arising directly or indirectly as a result of any failure to provide staff for all or part of the period of the booking or as a result of the misconduct or negligence of the staff provided. Client and VSS agree to cooperate fully and provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may involve Employees. HANDLING CASH It is agreed that Client will not entrust Employees with the handling of cash, negotiables or other valuables without prior permission from VSS, and then only when an .Employee's specific duties necessitate such activity required by the job description provided to VSS. Client agrees not to advance moneys to Employees. FIDELITY BOND VSS will not be responsible for claims made by clients under its Fidelity Bond unless such claims are reported in writing to VSS within seven (7) days from date of occurrence. Any claims on VSS Fidelity Bond will be paid upon prosecution and conviction. INDEMNIFICATION AND LIMITATION OF LIABILITY VSS shall indemnify and hold Client- harmless from and against any and all claims, demands, actions, liabili#ies, suits, costs (including attorneys' fees), or damages resulting from -acts or omissions of VSS and/or its agents, including, without limitation: (i) the breach of this Agreement, (ii) negligent, tortious or intentional conduct, (M) the violation. by VSS of any applicable law, regulation or order_ �a�u�zand Client shall indemnify and hold VSS harmless from and against any and all claims, demands, actions, liabilities, suits, costs (including attorneys' fees), or damages resulting from acts or omissiortis of Client and/or its agents, including, without limitation. (i} the breach of this Agreement, (ii) negligent, tortious or intentional conduct, (Ili) the violation by Client of any applicable law, regulation or order and (iv) claims by any and all third parties arising out of the negligent or willful misconduct of Employees. Any controversy or dispute between parties arising out of this agreement will be resolved by arbitration under the Federal Arbitration Act: The costs of arbitration will be shared equally by the parties. VEHICLES AND INSURANCE Client agrees to not permit Employees to operate any mobile equipment without VSS prior approval and/or as strictly required by the job description provided to VSS. Client represents and warrants that in the event Client chooses to have an Employee operate any vehicle under Client's control in the scope and course of employment, that said vehicle is insured by Client, including but not limited to public liability, property damage, collision, fire, theft and uninsured motorist coverage, and that Employee . shall have the full benefit and protection of such insurance. SAFETY Client agrees to comply with all applicable laws and regulations regarding safety, training, and working conditions for Employees. Client shall hold harmless VSS from claims and demands arising out of the Occupational Safety and Health Act as it relates to premises owned or controlled by the Client to which Employees are assigned. HIRING A VSS EMPLOYEE Client acknowledges that VSS has incurred costs associated with. the recruitment, employment, orientation,. training and management of personnel. Client agrees not to employ personnel provided by VSS within a period of 180 days from last day worked as per time slip: If Client wishes to employ professional and/or technical personnel provided by VSS, Client agrees to retain Employee on VSS payroll for 1040 hours from the date the Employee commenced the assignment with Client, or reimburse equivalent costs. Client agrees to retain all other personnel on VSS payroll for 520 hours from the date the Employee commenced the assignment with Client, or reimburse equivalent costs. INVOICES Are due and payable immediately upon receipt. Client agrees that -VSS may charge interest at the rate of � .5% per month. Each Employee is required a minimum of four. (4) hours per day. SIGNATUEZE AND DATE l/ SIGNATURE AND DATE VISION STAFFWG SOLUTIONS, INC CLIENT COMPANY NAME