Agmt05 Bay Span, Inc. - Temporary Labor

Browse Search

agrees to put forth its best professional efforts to provide the Services under this Agreement in a manner consistent with that schedule. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Supplies provided during the term of this Agreement will not exceed sixty thousand dollars ($60,000). No other compensation for the temporary labor will be allowed except for items covered by subsequent amendments to this Agreement. Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and approved personnel as outlined in attached Exhibit "A." 7. LenQth of Temporary Worker Employment. Bay Span will not assign individuals to the City pursuant to this Agreement for terms exceeding one thousand (1000) hours within a given fiscal year (July 1st to June 30th). 8. Status of Bay Span. Bay Span will provide the temporary labor as an independent contractor, and not as an employee of City. The persons provided by Bay Span to provide services under this Agreement will not be considered employees of City for any purposes. 8.1 The payment made to Bay Span pursuant to the Agreement will be the full and complete compensation to which Bay Span is entitled. City will not make any federal or state tax withholdings on behalf of Bay Span or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Bay Span or its employees or subcontractors. Bay Span agrees to indemnify City within thirty (30) days for any tax, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Bay Span or any agent, employee, or subcontractor of Bay Span for services provided under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Bay Span. 8.2 The City will not hire any individual currently working for Bay Span and assigned to work for the City under this Agreement prior to that individual having worked for Bay Span and assigned to work for the City for at least ninety (90) days under this Agreement. If the City hires an individual currently working for Bay Span and assigned to work for the City under this Agreement prior to the end of the ninety (90) day period, then Bay Span will be compensated by City as follows: Bay Span will be paid $5.00 per hour for the difference between 501 hours and the hours worked for Bay Span and assigned to work for the City under this Agreement by the subject individual. For example, if the individual had worked 301 hours for Bay Span under this Agreement prior to being hired by the City, then Bay Span would be compensated one thousand ($1,000) dollars (501 hours less 301 hours = 200 hours x $5/per hour). 9. SubcontractinQ. Bay Span will not subcontract any portion of this agreement without prior written approval of City Manager or his/her designee. If Bay Span Agreement over $10K 2 City Attorney Approved Version 111803 .. ................_.............._._............._-~._",-_.................0