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HomeMy WebLinkAbout22- Professional Employment Services - GovTemps - Interim Finance Director Rachel Harlow-SchalkLeasing Agreement / Rev. 8-2019 1 AGREEMENT FOR PROFESSIONAL EMPLOYMENT SERVICES THIS AGREEMENT FOR PROFESSIONAL EMPLOYMENT SERVICES (this "Agreement") is made by GOVTEMPSUSA, LLC, an Illinois limited liability company ("GovTemps”), and the CITY OF BOZEMAN, MONTANA, a self-governing municipality of the State of Montana operating pursuant to the laws of the State of Montana and its charter (the "City"). GovTemps and the City can be individually identified as a ("Party") and collectively as the ("Parties"). GovTemps and the City agree as follows: SECTION 1 SCOPE OF AGREEMENT Section 1.01. Assigned Employee. GovTemps will provide the City an employee identified in attached Exhibit A of GovTemps to serve as the City’s Interim Finance Director (the "Assigned Employee"). Exhibit A identifies the temporary position and/or assignment (the "Assignment") the Assigned Employee will fill at the City, and it further identifies the base compensation for the Assigned Employee, as of the effective date of this Agreement. Exhibit A may be amended from time to time by a replacement Exhibit A signed by both GovTemps and the Bozeman City Manager. GovTemps, as the common law employer of Assigned Employee, has the sole authority to assign and/or remove the Assigned Employee, provided however, that the City may request, in writing, that GovTemps remove or reassign the Assigned Employee. Any such request will not be unreasonably withheld by GovTemps. The Parties understand and acknowledge that the Assigned Employee is subject to the City’s day-to-day supervision. Section 1.02. Independent Contractor. GovTemps is and remains an independent contractor, and not an employee, agent, partner of, or joint venturer with, the Client. GovTemps has no authority to bind the City to any commitment, contract, agreement or other obligation without the City’s express written consent. SECTION 2 SERVICES AND OBLIGATIONS OF GOVTEMPS AND CLIENT Section 2.01. Payment of Wages. GovTemps will timely pay the wages and related payroll taxes of the Assigned Employee from GovTemp’s own account in accordance with federal and applicable state law and GovTemps’ standard payroll practices. GovTemps will withhold from such wages all applicable taxes and other deductions elected by the Assigned Employee. The City acknowledges that GovTemps may engage a financial entity to maintain its financing and record keeping services, which may include the payment of wages and related payroll taxes in accordance with this Section 2.01. The City agrees to cooperate with any such financial entity to ensure timely payment of wages, related payroll taxes, and any applicable fees pursuant to this Section 2.01. As to Assigned Employees, GovTemps will comply with the Immigration Reform and Control Act of 1986, Title VII of the DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 2 Civil Rights Act of 1964, as amended, (Title VII), the Americans With Disabilities Act of 1990 (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act of 1963, the Civil Rights Acts of 1866 and 1871 (42 U.S.C. § 1981), the Family and Medical Leave Act of 1993, the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Employee Retirement Income Security Act (“ERISA”) of 1974, and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision regulating wages and the payment of wages, prohibiting employment discrimination or otherwise establishing or relating to rights of Assigned Employee. Section 2.02. Workers’ Compensation. To the extent required by applicable law, GovTemps will maintain in effect workers’ compensation coverage covering its Assigned Employee’s work in an Assignment. Any applicable coverage under this Agreement terminates on the Termination Date of this Agreement. Section 2.03. Employee Benefits. GovTemps will provide to Assigned Employee those employee benefits identified in the attached Exhibit B. GovTemps may amend or terminate any of its employee benefit plans according to their terms. All employee benefits, including severance benefits for Assigned Employee will be included in Fees payable to GovTemps under Section 3.01 of this Agreement. Section 2.04. Maintenance and Retention of Payroll and Benefit Records. GovTemps will maintain records of all wages and benefits paid and personnel actions taken by GovTemps in connection with any of the Assigned Employee(s). GovTemps will retain control of such records and make them available for inspection as required by applicable federal, state or local laws. Upon request by the City, GovTemps will provide the City with all requested records. Section 2.05. Other Obligations of GovTemps. GovTemps will comply with any federal, state and local law applicable to its Assigned Employee(s). GovTemps will comply with the requirements of the federal Patient Protection and Affordable Care Act (ACA). Section 2.06. Direction and Control. The Parties agree and acknowledge that the City has the right of direction and control over the Assigned Employee, including matters of discipline, excluding removal or reassignment, as provided for by Section 1.01. The Assigned Employee(s) will be supervised, directly and indirectly, and exclusively by the Client's supervisory and managerial employees. Section 2.07. Obligations of the Client. Pursuant to this Agreement the City covenants, agrees and acknowledges: (a) The City will provide the Assigned Employee with a suitable workplace, that complies with US Occupational Safety and Health Administration (“OSHA”) statutes and regulations, and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Assigned Employee and the Assigned Employee’s workplace. The City agrees to comply, at its expense, with all health and safety directives from DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 3 GovTemps’ internal and external loss control specialists, GovTemps’ workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The City will provide and ensure use of all functional personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule or as deemed necessary by GovTemps’ workers’ compensation carrier. GovTemps and/or its insurance carriers have the right to inspect the Client’s premises to ensure that the Assigned Employee is not exposed to an unsafe workplace. GovTemps’ rights under this paragraph do not diminish or alter the Client’s obligations to the Assigned Employee under applicable law, or its obligations to GovTemps under this Agreement; (b) With respect to the Assigned Employee, the City will comply with all applicable labor and employment-related laws and regulations, and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision, prohibiting employment discrimination, or otherwise establishing or relating to the terms and conditions of Assigned Employee’s Assignment; (c) The City retains the right to exert sufficient direction and control over the Assigned Employee as is necessary to conduct the Client's business and operations, without which, the City would be unable to conduct its business, operation or to comply with any applicable licensure, regulatory or statutory requirements. (d) The City cannot remove or reassign the Assigned Employee unless mutually agreed to in writing by GovTemps and the Client in accordance with Section 1.01 of this Agreement. City will timely confer with GovTemps regarding any concern or complaint regarding Assigned Employee’s performance or conduct under this Agreement; (e) The City will not pay wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Assigned Employee. City represents that its actions under this Agreement do not violate its obligations it may have under any collective bargaining agreement; (f) The City must report to GovTemps any injury to any Assigned Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If any Assigned Employee is injured in the course of performing services for the Client, the City must follow the procedures and practices regarding injury claims and reporting; and (g) The City must report all on the job illnesses, accidents and injuries of the Assigned Employee to GovTemps within twenty-four (24) hours following notification of said injury by Assigned Employee or Assigned Employee’s representative. SECTION 3 FEES PAYABLE TO GOVTEMPS Section 3.01. Fees. The City will pay GovTemps fees for the services provided under this Agreement as follows: DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 4 (a) The base compensation as fully identified on Exhibit A, as amended; plus (b) Any employee benefits GovTemps paid to the Assigned Employee as identified on Exhibit B (if applicable), including, but not limited to, salary; wages; commissions; bonuses; sick pay; workers’ compensation, health and other insurance premiums; payroll, unemployment, FICA and other taxes; vacation pay; overtime pay; severance pay; monthly automobile allowances, and any other compensation or benefits payable under any applicable GovTemps pension and welfare benefit plan or federal, state or local laws covering the Assigned Employee. Section 3.02. Increase in Fees. GovTemps may increase fees to the extent and equal to any mandated tax increases, e.g. FICA, FUTA, State Unemployment taxes, when they become effective. GovTemps may also adjust employer benefit contribution amounts by providing the City with a written thirty (30) day notice, provided, such changes in employer benefit contribution amounts apply broadly to all GovTemps employees. Section 3.03. Payment Method. Every two (2) weeks during the term of this Agreement, GovTemps will invoice in writing the City for the fees owed under this Agreement. Within thirty (30) days following receipt of such invoice, the City must pay all invoiced amounts by check, wire transfer or electronic funds transfer to GovTemps to an account or lockbox as designated on the invoice. Late payments will be subject to all applicable interest payments or service charges provided by state or local law. In addition to charging interest or service charges provided by applicable law, GovTemps may, upon written notice to Client, suspend performance of services under this Agreement while any amount due is past due and remains unpaid. SECTION 4 INSURANCE Section 4.01. General and Professional Liability Insurance. The City must maintain in full force and effect at all times during the term of this Agreement a Comprehensive (or Commercial) General Liability and Professional Liability (if applicable) insurance policy or policies (the "Policies"), with minimum coverage in the amount of $1,000,000 per occurrence, $3,000,000 aggregate. In the alternative, as applicable, the City may maintain in full force and effect at all times during the term of this Agreement a self-insured retention (“SIR”) which provides the same minimum coverage limits as set forth above. In the event such SIR exists and applies to this Agreement, the City agrees to fully discuss the SIR’s parameters with GovTemps and its relationship to the Policies. At a minimum, the Policies must insure against bodily injury and property damage liability caused by on-premises business operations, completed operations and/or products or professional service and non-owned automobile coverage. Section 4.02. Certificate of Insurance. Upon request, the City will promptly issue to GovTemps one or more Certificates of Insurance, verifying the Client’s compliance with the provisions of Section 4.01. DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 5 Section 4.03. Automobile Liability Insurance. If the Assigned Employee drives a Municipal or personal vehicle for any reason in connection with their Assignment, the City must maintain in effect automobile liability insurance insuring the Assigned Employee, GovTemps and the City against liability for bodily injury, death and property damage. SECTION 5 DURATION AND TERMINATION OF AGREEMENT Section 5.01. Term and Effective Date. The Effective Date of this Agreement is the date that this Agreement is signed by the City on the signature page (the “Effective Date”). The period during which the Assigned Employee works at the City is defined as the (“Term”). The Term commences on the Effective Date and will continue for the period identified on the attached Exhibit A, or until it is terminated in accordance with the remaining provisions of this Section 5. For the purposes of this Agreement, the date on which this Agreement expires and/or is terminated is the ("Termination Date"). Section 5.02. Termination of Agreement for Failure to Pay Fees. If the City fails to timely pay the fees required under this Agreement, GovTemps may give the City notice of its intent to terminate this Agreement for such failure and if such failure is remedied within ten (10) days, the notice will be of no further effect. If such failure is not remedied within the ten (10) day period, GovTemps has the right to terminate the Agreement upon expiration of such remedy period. Section 5.03. Termination of Agreement for Material Breach. If either Party materially breaches this Agreement, the non-breaching Party must give the breaching Party written notice of its intent to terminate this Agreement for such breach and if such breach is remedied within ten (10) days, the notice will be of no further effect. If such breach is not remedied within the ten (10) day period, the non-breaching Party has the right to immediately terminate the Agreement upon expiration of such remedy period. Section 5.04. Termination of Agreement to execute Temp-to Hire Option. At the end of the Term, the City may hire the Assigned Employee as a permanent or temporary employee of the Client. The substantial investment of time and resources by GovTemps under this Agreement to place its leased employee with City is recognized by Client. If after the end of the Term, City hires Assigned Employee as either a permanent or temporary employee it must pay two (2) weeks of the Assigned Employee’s gross salary to GovTemps no later than thirty (30) days after the date the Assigned Employee becomes the Client’s employee. SECTION 6 NON-SOLICITATION Section 6.01. Non-Solicitation. The City acknowledges GovTemps’ legitimate interest in protecting its business for a reasonable time following the DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 6 termination of this Agreement. Accordingly, to the extent permitted by federal, state and local law, the City agrees that during the Term of this Agreement and for a period of two (2) years thereafter, the City will not solicit, request, entice or induce Assigned Employee to terminate their employment with GovTemps, and the City will not hire Assigned Employee as a permanent or temporary employee. If a Temp- to-Hire option provided for in Section 5.04 is properly exercised by the Client, then this Section 6.01 will not apply. Section 6.02. Injunctive Relief. The City recognizes that the rights and privileges granted by this Agreement are of a special, unique, and extraordinary character, the loss of which cannot reasonably or adequately be compensated for in damages in any action at law. Accordingly, the City understands and agrees that GovTemps is entitled to equitable relief, including a temporary restraining order and preliminary and permanent injunctive relief, to prevent or enjoin a breach of Section 6.01 of this Agreement. The City also understands and agrees that any such equitable relief is in addition to, and not in substitution for, any other relief to which GovTemps can recover. Section 6.03. Survival. The provisions of Section 6 survive the expiration or termination of this Agreement. SECTION 7 DISCLOSURE AND INDEMNIFICATION PROVISIONS Section 7.01. Indemnification by GovTemps. GovTemps agrees to indemnify, defend and hold the City and its related entities or their agents, representatives or employees (the "City Parties") harmless from and against all claims, liabilities, damages, costs and expenses ("Losses") (a) arising out of GovTemps’ breach of its obligations under this Agreement, (b) related to the actions or conduct of GovTemps and its related business entities, their agents, representatives, and employees (the "GovTemps Parties"), taken or not taken with respect to the Assigned Employees that relate to events or incidents occurring prior or subsequent to the term of this Agreement, and (c) arising from any act or omission on the part of GovTemps or any of the GovTemps Parties. Section 7.02. Indemnification by the City. The City agrees to indemnify, defend and hold the GovTemps Parties harmless from and against all Losses (a) arising out of the City’s breach of its obligations under this Agreement, (b) relating to any activities or conditions associated with the Assignment, and (c) arising from any act or omission on the part of the City or any of the Client Parties. Section 7.03. Indemnification Procedures. The Party seeking indemnity (the "Indemnified Party") from the other Party (the "Indemnifying Party") pursuant to this Section 7, must give the Indemnifying Party prompt notice of any such claim, allow the Indemnifying Party to control the defense or settlement of such claim and cooperate with the Indemnifying Party in all matters related thereto. However, prior to the Indemnifying Party assuming such defense and upon the request of the DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 7 Indemnified Party, the Indemnifying Party must demonstrate to the reasonable satisfaction of the Indemnified Party that the Indemnifying Party (a) is able to fully pay the reasonably anticipated indemnity amounts under this Section 7 and (b) will take steps satisfactory to the Indemnified Party to ensure its continued ability to pay such amounts. In the event the Indemnifying Party does not control the defense, the Indemnified Party may defend against any such claim at the Indemnifying Party’s cost and expense, and the Indemnifying Party must fully cooperate with the Indemnified Party, at no charge to the Indemnified Party, in defending such potential Loss, including, without limitation, using reasonable commercial efforts to keep the relevant Assigned Employee available. In the event the Indemnifying Party controls the defense, the Indemnified Party is entitled, at its own expense, to participate in, but not control, such defense. The failure to promptly notify the Indemnifying Party of any claim pursuant to this Section will not relieve such Indemnifying Party of any indemnification obligation that it may have to the Indemnified Party, except to the extent that the Indemnifying Party demonstrates that the defense of such action was materially prejudiced by the Indemnified Party’s failure to timely give such notice. Section 7.04. Survival of Indemnification Provisions. The provisions of Section 7 survive the expiration or termination of this Agreement. SECTION 8 MISCELLANEOUS PROVISIONS Section 8.01. Amendments. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by all the Parties to this Agreement, except for changes to the fees provided for in Section 3. Section 8.02. Binding Effect. This Agreement inures to the benefit of and binds the Parties and their respective heirs, successors, representatives and assigns. Neither Party may assign its rights or delegate its duties under this Agreement without the express written consent of the other Party, which consent will not be unreasonably withheld. Section 8.03. Counterpart Execution. This Agreement may be executed and delivered in any number of counterparts, each of which will be an original, but all of which together constitutes one and the same instrument. This Agreement may be executed and delivered via facsimile or electronic mail. Section 8.04. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding GovTemps’ placement of the Assigned Employee with the City , and contains all of the terms, conditions, covenants, stipulations, understandings and provisions agreed upon by the Parties. This Agreement supersedes and takes precedence over all proposals, memorandum agreements, tentative agreements, and oral agreements between the Parties, made prior to and including the Effective Date of this Agreement not specifically identified and incorporated in writing into this Agreement. No agent or representative of either Party has the authority to make, and the Parties will not be bound by or liable for, any DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 8 statement, representation, promise, or agreement not specifically set forth in this Agreement. Section 8.05. Further Assurances. The Parties will execute and deliver any and all additional papers, documents, and other assurances and do any and all acts and things reasonably necessary in connection with the performances of their obligations under this Agreement. Section 8.06. Gender. Whenever the context herein so requires, the masculine, feminine or neuter gender and the singular and plural number include the other. Section 8.07. Section Headings. Section and other headings contained in this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement. Section 8.08. Severability. If any part or condition of this Agreement is held to be void, invalid or inoperative, such shall not affect any other provision hereof, which will continue to be effective as though such void, invalid or inoperative part, clause or condition had not been made. Section 8.09. Waiver of Provisions. The failure by one Party to require performance by the other Party shall not be deemed to be a waiver of any such breach, nor of any subsequent breach by the other Party of any provision of this Agreement. Such waiver shall not affect the validity of this Agreement, nor prejudice either Party’s rights in connection with any subsequent action. Any provision of this Agreement may be waived if, but only if, such waiver is in writing signed by the Party against whom the waiver is to be effective. Section 8.10. Confidentiality. Except as may be required by law, each Party will protect the confidentiality of the other’s records and information and must not disclose confidential information without the prior written consent of the other Party. Each Party must reasonably cooperate with the other Party regarding any Freedom of Information Act (FOIA) request calling for production of documents related to this Agreement. Section 8.11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Montana applicable to contracts made and to be performed entirely within such state, except the law of conflicts. Section 8.12. Force Majeure. GovTemps will not be responsible for failure or delay in assigning its Assigned Employee to City if the failure or delay is caused by labor disputes and strikes, fire, riot, terrorism, acts of nature or of God, or any other causes beyond the control of GovTemps. DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 9 SECTION 9 DISPUTE RESOLUTION Section 9.01. Good Faith Attempt to Settle. The Parties will attempt to settle any dispute arising out of or relating to this Agreement, or the breach thereof, through good faith negotiation between the Parties. Section 9.02. Governing Law/Jurisdiction. If a dispute cannot be settled through good faith negotiation within thirty (30) days after the initial receipt by the allegedly offending party of written notice of the dispute, then the controversy or claim may be adjudicated by a federal or state court of competent jurisdiction and venue. This Agreement and any amendments hereto will be governed by and construed in accordance with the laws of the State of Montana. Section 9.03. Attorneys' Fees. The Parties agree that, in the event of litigation under this Agreement, each Party is liable for only those attorneys’ fees and costs incurred by that Party. SECTION 10 NOTICES Section 10.01. Notices. All Notices given under this Agreement must be written and may be given by personal delivery, first class U.S. Mail, registered or certified mail return receipt requested, overnight delivery service, or electronic mail. Notices will be deemed received at the earlier of actual receipt or three (3) days from mailing date. Notices must be sent to the Parties at their respective addresses shown below. A Party may change its address for notice by giving written notice to the other Party. If to GovTemps: GOVTEMPSUSA, LLC 630 Dundee Road Suite 225 Northbrook, Illinois 60062 Attention: Michael J. Earl Telephone: 224-261-8366 Electronic Mail: mearl@govhrusa.com If to the Client: CITY OF BOZEMAN 121 N Rouse Avenue Bozeman, Montana 59771 Attention: Cassandra Tozer Telephone: 406-582-2346 Electronic Mail: ctozer@bozeman.net [Signatures on following page] DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 [Signature Page to Employee Leasing Agreement] IN WITNESS WHEREOF, the Parties executed this Agreement on the Effective Date, which is the date this Agreement is last signed by GovTemps. GOVTEMPSUSA, LLC, an Illinois limited liability company By Name: Joellen J. Cademartori Title: President and Co-Owner Effective Date: February 28, 2022 CITY OF BOZEMAN By Name: Title: DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376 Jeff Mihelich City Manager DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 Exhibit A-1 EXHIBIT A Assigned Employee and Base Compensation ASSIGNED EMPLOYEE: Rachel Harlow-Schalk POSITION/ASSIGNMENT: Interim Finance Director POSITION TERM: February 28, 2022 – June 24, 2022 Unless either party provides two weeks advance written notice, the agreement will automatically be extended on a bi-weekly basis up to October 28, 2022. Either party may terminate the agreement at any time by providing 30 days advance written notice. BASE COMPENSATION: The City will be invoiced biweekly (every two weeks) in the amount of $8,400 ($4,200 per week based on a 40-hour work week at the rate of $105/hour). It is understood that base compensation will include pay for City approved holidays and intermittent sick leave. Specific hours of work per week will be determined between the City and the Assigned Employee. Deviations from the preceding (such as vacation leave and extended sick leave) may be reported by the City via email to payroll@govtempsusa.com via a timesheet by the close of business on the Monday after the prior work week. GOVTEMPSUSA, LLC: CITY: By: By: Date: Date: This Exhibit A fully replaces all Exhibits A dated prior to the Effective Date of this Agreement. February 24, 2022 DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376 2/24/2022 DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 Leasing Agreement / Rev. 8-2019 Exhibit B-1 EXHIBIT B Summary of Benefits LODGING EXPENSE: The City will directly reimburse employee for any temporary lodging related expenses. The employee will submit an expense report to the City with proper receipts on a monthly basis. TRAVEL EXPENSE REIMBURSEMENT. The City will directly reimburse employee for expenses related to travel from employee’s primary residence to City offices. Reimbursement will be at the current IRS rate. The employee will submit an expense report to the City with proper justification on a monthly basis. ADDENDUM Nondiscrimination and Equal Pay. GovTemps agrees that all hiring by GovTemps of persons performing this Agreement for Professional Employment Services shall be on the basis of merit and qualifications. GovTemps will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GovTemps will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GovTemps represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GovTemps must report to the City any violations of the Montana Equal Pay Act that GovTemps has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. GovTemps shall require these nondiscrimination terms of its subcontractors providing services under this Agreement for Professional Employment Services. GOVTEMPSUSA, LLC: CITY: By: By: Date: Date: DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376 2/24/2022 DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78 2/24/2022 Leasing Agreement / Rev. 8-2019 Exhibit B-2 DocuSign Envelope ID: BAEA0BBF-8988-42A9-B724-2E5579BDD376DocuSign Envelope ID: E85B3DE3-83B4-44E8-8260-C7F6B0070C78