Temporary Staffing Agency Master Agreement

Staffing Agency Agreement

Between:

The Regional Municipality of Durham

(the “Client”)

-and-

_________________________________________

(the “Agency”)

Whereas the Client desires to engage the Agency to provide services to the Client on

the terms set out in this Agreement and the Agency has agreed to provide such

services;

The parties agree as follows:

1. Services

1.1. The Agency will provide the Client with personnel (“Agency Staff”) to

perform services on behalf of the Client, as set out in Schedule “A”, and

in accordance with Schedule “B”.

1.2. The Agency will provide the staffing services (“Services”) generally

described as follows:

(i) Recruiting, interviewing and/or screening candidates, including

checking references;

(ii) Providing verification, in a form acceptable to the Client, of

acceptable criminal reference checks (including vulnerable sector

check) for Agency Staff, when required;

(iii) Assigning Agency Staff who have accepted employment with the

Agency who, in the Agency’s judgement, are qualified to perform

the type of work required by Job Classification requested by the

Client;

(iv) Providing direct performance feedback to Agency Staff when

necessary; and

(v) Removing any Agency Staff and replacing with alternate qualified

Agency Staff in accordance with the Job Classification, at the

request of the Client.

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1.3. In addition, for all Agency Staff, the Agency will:

(i) Maintain all necessary personnel and payroll records;

(ii) Compute their wages and withhold required federal, provincial and

local statutory deductions;

(iii) Ensure Agency Staff are working in compliance with the

Employment Standards Act, 2000 and release and indemnifies the

Client from any claims from Agency Staff in relation thereto. Where

compliance requires additional monies (i.e. overtime and/or

statutory holiday pay), the Agency will be responsible for such

costs and invoice the Client accordingly;

(iv) Ensure Agency Staff are provided with appropriate health and

safety training;

(v) Maintain adequate safety policies and training records, and provide

the Client with copies of these within twenty-four (24) hours of any

request by the Client;

(vi) Remit required employee withholdings to the proper governmental

authorities along with required employer contributions for Canada

Pension Plan, Employment Insurance premiums and other

taxes/levies required by statute, where applicable;

(vii) Pay net wages and fringe benefits, if any;

(viii) Handle unemployment and workers’ compensation claims with

respect to compensation that the Agency has agreed to pay; and

(ix) Ensure the Agency Staff timesheet is provided to the Client for

approval and includes the Client’s Purchase Order Number.

1.4. In the event that within the first eight (8) hours of the Agency Staff being

placed with the Client, the Client identifies that they are not satisfied with

the Agency Staff’s performance, the Agency will:

(i) Remove the Agency Staff immediately;

(ii) Relieve the Client of the obligation to pay for the number of hours

of work performed by the Agency Staff; and

(iii) Provide a replacement, at the Client’s request, in a reasonable

agreed to timeline or address the performance of the Agency Staff.

2. Client Responsibilities

2.1. The Client agrees to:

(i) Oversee the work to be performed by Agency Staff and advise the

Agency of any notable performance concerns;

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(ii) Review and approve the corresponding work product;

(iii) Provide Agency Staff with equipment, facilities and supplies

reasonably necessary for them to perform their duties hereunder;

(iv) Train Agency Staff with regard to all applicable Client policies and

procedures that may be adopted or implemented from time to time,

and otherwise use its best efforts to integrate Agency Staff with

Client-specific practices and procedures; and

(v) Approve Agency Staff timesheets for submission to the Agency on

a weekly basis.

3. Fees/Payment

3.1. The Agency is solely responsible for compensating the Agency Staff for

the work performed.

3.2. At the beginning of each placement of Agency Staff under this Master

Agreement, the Client representative who requires Agency Staff shall

provide a Purchase Order Number to the Agency.

3.3. The Client will pay the Agency a fee for the Services performed by

Agency Staff under the Agreement in accordance with Schedule “A”

attached hereto. The rate(s) specified in Schedule “A” is/are inclusive of

all Agency markup costs. Client will pay based on the job duties of the

position being filled and will not pay additional fees for Agency Staff who

may have a greater skillset than that required by the job duties. The

Client reserves the sole discretion for setting rates in accordance with

the job duties being performed. This rate will be effective for the term of

the placement.

3.4. The Agency will render weekly invoices to the Client, in a form

reasonably acceptable to the Client; including the Client’s Purchase

Order Number, detailing the Services performed by the Agency Staff, the

time (in hours) worked, and the hourly rate agreed upon as noted in

Schedule “A”. All invoices will be addressed to

em_invoices@durham.ca and copied to the departmental contact. The

Client will endeavour to pay the invoices within thirty (30) business days

of receipt.

3.5. Should the Client wish to enter into a direct employment relationship with

the Agency Staff six (6) months after the first day of the start of the

assignment, there will be no fee charged to the Client.

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4. Term

4.1. This Agreement will commence as of the last date of signature and

automatically renew for one year terms at January 1 each year, unless

otherwise terminated in accordance with the provisions of this

Agreement.

4.2. Where the Agency wishes to request an adjustment to the Fee Schedule,

the request must be in writing to the Client no later than December 1 and

should include justification for the request. The Region will review the

request and any adjustments agreed to will take affect January 1 of the

following year with written agreement.

5. Expenses

5.1. The Agency shall be solely responsible for the cost of any expenses

incurred in the provision of Services under this Agreement, including the

provision of an up to date Police check, as required by the Client.

6. Status of Agency Staff

6.1. The Agency and Agency Staff’s relationship with the Client as created by

this Agreement is that of an independent contractor for all purposes

including, but not limited to, the Income Tax Act (Canada), the Income

Tax Act (Ontario), the Canada Pension Plan Act, the Employment

Insurance Act (Canada), the Workplace Safety and Insurance Act

(Ontario), the Employment Standards Act (Ontario) and the common law.

It is intended that the Agency shall have general control and direction

over the manner in which Agency Staff provide the Services to the Client

under this Agreement. Nothing contained in this Agreement shall be

regarded or construed as creating an employment relationship (whether

by way of employer/employee, agency, joint venture, association, or

partnership) between the Agency Staff/Agency and the Client other than

as an independent contractor as set forth herein.

6.2. The Agency hereby releases and indemnifies the Client from any claims,

debts, demands, actions, complaints and liabilities of any kind or nature

whatsoever in law, in equity or otherwise (“Claims”) in relation to the

Agency Staff’s status as an independent contractor under this

Agreement or any preceding agreements with the Client or authorized

agent of the Client.

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7. Indemnity

7.1. The Agency shall defend, indemnify and save harmless the Client and its

elected officials, officers, employees and agents from and against all

claims of any nature, actions, causes of action, losses, expenses, fines,

costs, interest or damages of every nature and kind whatsoever, arising

out of or allegedly attributable to the negligent acts, errors, omissions,

misfeasance, nonfeasance, fraud or willful misconduct of the Agency,

Agency Staff, its directors, officers, employees, agents, contractors and

subcontractors, or any of them, in connection with or in any way related

to the delivery or performance of this Contract. This indemnity shall be in

addition to and not in lieu of any insurance to be provided by the Agency

in accordance with this Contract and shall survive this Contract.

7.2. The Agency covenants and agrees that they will take any and all action

and will do and provide the Services herein required to be provided in

compliance with all laws, regulations or orders, including the order of any

board or court of competent jurisdiction, rule, regulation or requirement of

the Canadian Government or the Government of the Province of Ontario

or any competent local government, board, commission, department or

officer (“Compliance Requirements”) and hereby indemnifies and holds

harmless the Client from any and all claims, payments, injury or loss and

for any and all legal costs (including fees and disbursements) or

administrative costs incurred by the Client relating to any failure of the

Agency, their employees, agents or contractors to comply with any

Compliance Requirements.

8. Insurance

8.1. Throughout the term of the Contract the Agency shall continuously

maintain and pay for Professional Liability (Errors and Omissions)

insurance in an amount of not less than two million dollars

($2,000,000.00) per claim with an aggregate limit of four million dollars

($4,000,000.00).

8.2. The Agency shall maintain Commercial General Liability insurance

including personal injury, broad form contractual liability, in an amount of

not less than two million dollars ($2,000,000). The Agency shall add the

Client as an additional insured claimant for any Services rendered under

this Agreement.

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8.3. The Agency shall maintain Automobile Liability Insurance in respect to

licensed vehicles owned and/or leased, with limits of not less than two

million dollars ($2,000,000.00) inclusive per occurrence for bodily injury,

death and damage to property, if relevant to Services set out in this

Agreement. Should the Agency not own/lease vehicles, the Agency will

ensure that Agency Staff have a valid driver’s licence and appropriate

automobile insurance if they will be using their vehicles in connection

with the Services set out in this Agreement.

8.4. The Agency shall provide an updated Certificate of Insurance on the

Client’s standard form, or on a form acceptable to the Client, by no later

than thirty (30) days prior to the expiry date of any required coverage.

Notwithstanding this provision, where any required insurance coverage is

due to expire within thirty (30) days, the Agency shall submit an updated

Certificate of Insurance upon ten (10) business days of written notice by

the Client.

8.5. The Agency shall provide the Client a valid Clearance Certificate (for

Schedule 1 employers) or a letter of Good Standing (for Schedule 2

employers) indicating the Agency has an active account with WSIB in

good standing; or, alternatively, where appropriate, a letter from WSIB

stating the Agency is not required to register with WSIB; or, a letter that

confirms the Agency falls under a “By-Application” industry, where WSIB

confirms an Agency (that employs workers) is exempt from coverage

based on their business activity.

9. Authority

9.1. The Agency/Agency Staff will not have the authority and cannot commit

or bind the Client to any matter, contract or negotiation without the prior

written authorization of the Client.

10. Legal Compliance

10.1. The Agency/Agency Staff shall comply with all applicable federal,

provincial and municipal laws, rules, and regulations arising out of or

connected with the performance of the Services under this Agreement by

the Agency or Agency Staff.

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10.2. The Agency shall be responsible for all statutory payroll deductions and

remittances including, without limitation, Employment Insurance

premiums, Canada Pension Plan contributions, Income Tax and WSIB

(workers compensation) payments, where applicable, relating to or

arising out of the fees paid to the Agency and Agency Staff. Payments

relating to any of the above shall be the responsibility of the Agency and

shall be forwarded by the Agency, as appropriate, directly to the

government agencies involved. The Agency shall provide proof of

compliance with this requirement to the Client upon request.

10.3. In the event any proceedings are commenced or levied by the Receiver

General of Canada or the Canada Revenue Agency or any other

governmental agency in respect of any statutory payroll deductions,

premiums or taxes, the Agency agrees to indemnify and hold harmless

the Client as to any money that might be required to be paid either by or

to the Receiver General of Canada or the Canada Revenue Agency or

any other governmental agency with respect to any payments made to

the Client for performance of the Services.

11. Confidential Information

11.1. In the course of performing the Services, the Agency and Agency Staff

will be entrusted with confidential information concerning the Client’s

business or marketing plans, products, services, pricing, operations and

procedures, including but not limited to information relating to client

preferences, needs and requirements. The Agency and Agency Staff will

not disclose such confidential information to any third parties, including

but not limited to future employers or other clients.

11.2. The Agency and Agency Staff shall maintain the confidentiality of and

shall not except as required in order to carry out the Services, at any

time during or following the term of this Agreement, use, disclose,

release or permit the disclosure or release of any information disclosed

by the Client or any information communicated to or acquired by the

Agency and/or the Agency Staff during the course of providing the

Services without obtaining the prior written consent of the Client.

11.3. The Agency and Agency Staff acknowledge that any information

collected by them or exchanged with the Client pursuant to this

Agreement is subject to the provisions of Municipal Freedom of

Information and Protection of Privacy Act (Ontario) and the Personal

Health Information Protection Act (Ontario) as amended from time to

time, and any successor legislation.

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11.4. If the Agency and/or Agency Staff become aware of an unauthorized

collection, use, and disclosure of Confidential Information, they shall

notify the Client as soon as reasonably possible.

11.5. The Agency and Agency Staff acknowledge and agree that all

Confidential Information of the Client, whether received or created before

or after the commencement of the Agreement, will be received in the

strictest confidence and will be held by the Agency and Agency Staff only

in accordance with and subject to the terms of the Agreement. The

Agency and Agency Staff shall retain such information in confidence and

shall treat such information in accordance with the terms of the

Agreement and with a degree of care no less than the degree of care

that the Agency and Agency Staff employs for the protection of their own

confidential information of a similar nature.

11.6. The Agency and Agency Staff shall:

(i) Not issue any communication, information, document or article in

respect of the substance of this Agreement for publication in any

media without the prior written approval of the Client;

(ii) Promptly notify the Client of any Incident, by any person that has

become known to them;

(iii) Promptly furnish to the Client the details of such Incident, and

assist the Client in investigating or preventing the recurrence of

any Incident;

(iv) Cooperate with the Client in any litigation and investigation against

third parties deemed necessary by the Client to protect the

Confidential Information, to the extent such litigation or

investigation is related to this Agreement; and

(v) Promptly use reasonable efforts to prevent a recurrence of any

Incident.

11.7. The Agency and Agency Staff will not disclose the amount of the fees

paid by the Client to the Agency except as required for financial or legal

planning or by law.

12. Termination

12.1. In the event that the Agency breaches this Agreement, or Agency Staff

otherwise fails to perform the Services in accordance with the terms of

this Agreement, performs the Services negligently and/or engages in

misconduct, the Client may terminate this Agreement immediately and

without notice for cause.

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12.2. Either the Agency or the Client may terminate this Agreement upon

giving the other party thirty (30) calendar days notice in writing. In lieu of

such notice, the Client may elect to terminate this Agreement

immediately upon written notice and pay the Agency an amount equal to

thirty (30) calendar days fees calculated based on the fees charged by

the Agency in the preceding thirty (30) calendar days.

12.3. The Client may also waive the thirty (30) calendar days notice given by

the Agency and terminate this Agreement immediately upon receiving

notice from the Agency.

12.4. The Agency hereby acknowledges that Agency Staff are not employees

of the Client and the Client shall not be responsible for any employment

related entitlements including, without limitation, notice of termination of

this Agreement under the Employment Standards Act, 2000, the

Occupational Health and Safety Act and/or the Workplace Safety and

Insurance Act, or any other employment related statutes, as may be

amended from time to time and/or the common law. To the extent that

such entitlements are found to be owing, the Agency hereby indemnifies

and holds harmless the Client from any such payments deemed owing.

13. Severability

13.1. If any provision of this Agreement, or the application of such provision to

any person or in any circumstance, shall be determined to be invalid,

illegal, or unenforceable, the remaining provisions of this Agreement, and

the application of such provision to any person or in any circumstance

other than that to which it is held to be invalid, illegal or unenforceable,

shall not be affected thereby.

14. Amendments

14.1. Any amendment to this Agreement must be in writing and signed by both

parties.

15. Entire Agreement

15.1. This is the entire Agreement between the Client and the Agency with

respect to the Services to be provided by the Agency and Agency Staff

to the Client and supersedes any prior agreements with respect to such

services whether written or oral.

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16. No Waiver

16.1. The failure of any party to insist upon the strict performance of a

covenant or obligation hereunder, irrespective of the length of time for

which such failures continue, shall not be a waiver of such party’s right to

demand strict performance in the future. No consent or waiver, express

or implied, to or of any breach of default in the performance of any

covenant or obligation hereunder shall constitute a consent or waiver to

or of any other breach or default in the performance of the same or of

any other obligation hereunder.

17. Non-Exclusive

17.1. This Agreement does not give the Agency and/or Agency Staff the

exclusive right to provide the Services or similar services. The Client

reserves the right to perform or purchase the same or similar services

from other sources during the term of this Agreement.

18. Assignment

18.1. This agreement is personal in nature and may not be assigned by either

party hereto.

19. Enurement

19.1. This Agreement shall be binding upon and shall enure to the benefit of

each of the parties hereto and their respective employees and permitted

receivers, successors and assigns.

20. Law

20.1. This Agreement shall be governed by and interpreted in accordance with

the laws of the Province of Ontario.

21. Schedules

21.1. The following Schedules attached form part of this Agreement:

(i) Schedule “A” –Services and Payment; and

(ii) Schedule “B” – Region’s Confirmation of Health and Safety

Practice Form

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IN WITNESS WHEREOF the parties have executed this Agreement, this _______day of

_______________________ , _______ .

Per:

_____________________________ ___________________________________

Barb Goodwin MPA, CPA/CGA, B. Comm, CPM, CMMIII

Commissioner, Corporate Services

Schedule “A” Submission

Region of Durham

Job Classification

(Manager reference)

General scope of duties

Specific job duties are dependent on the

department/division being supported but may

include the following types of functions:

Temporary Agency Bill

Rate

General office,

clerical and

administrative roles

Clerk,

Data Entry

• General duties are basic clerical duties (filing,

answering phones, reception, booking

meetings)

• Primary focus of role is data entry utilizing

various systems and data

• No word processing duties

Support Clerk,

Switchboard Operator

• Basic clerical duties (filing, answering phones,

managing multiple line phone system, or

reception)

• Basic computer skills required in MS Word and

Excel

Customer Service

Representative (CSR)

• Responsible for receiving and documenting

large volume of general inquiries about

Durham Region and services offered

• Primarily support and provide information on

basic service requests, resolving and routing

the more complex appropriately

Clerk 2 or 3,

Clerk-Steno,

Clerk-Typist,

Mail Clerk,

Scheduling Clerk,

Secretary

• Administrative and clerical support at an

intermediate-advanced level of MS Office

• May respond to inquiries as front line contact

for the public.

• Role may have emphasis on transcription,

minutes, reports, scheduling etc

Senior CSR

• Same general functionality as CSR but will

handle more complex inquiries and services

Technical Assistant,

Communications

Assistant

• Administrative and coordination activities with a

specific technical skillset (i.e., Communications,

Civil engineering, contracts, regulatory

functions)

Administrative

Assistant

• Performs administrative support to a member

of the Senior Leadership team

• Intermediate to Advanced MS Office skills

• Political acumen

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Region of Durham

Job Classification

(Manager reference)

General scope of duties

Specific job duties are dependent on the

department/division being supported but may

include the following types of functions:

Temporary Agency Bill

Rate

Finance related

roles

Accounting Clerk

• Assist in the receipt and issuance of payments,

vouchers, and/or cheques, ensuring

appropriate documentation and the current and

accurate maintenance of applicable records

and/or databases.

• Responds to inquiries regarding account and/or

payment statuses, financial processes and

procedures, and explaining options for

payment and consequences of non-payment

Senior Accounting

Clerk

• Verifying the validity of invoices & receiving

documents & reconciling them with authorized

Purchase orders

• Reviewing vendor statements for problems &

investigating outstanding account balances

• Experience with PeopleSoft Financial

Information Management system (FIMS)

• Process Vouchers in PeopleSoft for Payment

• Call-center account resolution

• A/R collections

Financial Analyst 1

• Preparation of financial and statistical

information and reports

• Analysis of various financial data

• University degree and in-process of CPA

Financial Analyst 2

• Maintain and control the financial records and

provide financial expertise, analysis, advice

and coordination regarding financial policies,

procedures, legislation and reconciliation of

financial statements

• Monitor and analyze variances

• Reconcile general ledger

• University degree and in-process of CPA

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Region of Durham

Job Classification

(Manager reference)

General scope of duties

Specific job duties are dependent on the

department/division being supported but may

include the following types of functions:

Temporary Agency Bill

Rate

Information

Technology related

roles

GIS Specialist

• Create, compile and maintain multiple

components of various databases to ensure

existing databases are accurate and that

database features represent real world

features. Manipulate complex databases to be

used as analytical information

• Research, design, create, update, produce,

and deliver map products, sketches and

reports.

• Application development

• Project planning, execution and business

analysis

System Support

Specialist

• Help Desk related functions

• Support for hardware and operating system

• Computer set-up, configuration, and software

deployment

Technology Analyst

• Review, design, recommend and implement

technology

• End-user support

Systems Analyst

• Software development and ongoing

maintenance required to resolve business

needs

• Process and procedure documentation

Database

Administrator

• Implement and support secure database

environments

Business Analyst

• Liaison between IT and business unit to assist

in achieving project deliverables

• Strong project management skills - PMP

certified

• CCAP or CCBA preferred

• Relevant computer skills and knowledge

Information Security

• Administer and maintain the Information

Security Systems.

• Provide technical support to users

• Security audit support

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Region of Durham

Job Classification

(Manager reference)

General scope of duties

Specific job duties are dependent on the

department/division being supported but may

include the following types of functions:

Temporary Agency Bill

Rate

Health Care related

roles

Personal Support

Worker

• Must possess PSW certificate (600 hours

minimum)

• Must have acceptable Vulnerable Sector check

• Provide direct personal care to residents (i.e.

feeding, lift and transfer, toileting, bathing etc.)

Registered Practical

Nurse

• Must be registered with College of Nurses of

Ontario

• Must have administration of medication

certificate

• Must have acceptable Vulnerable Sector check

• Provide nursing services to residents inclusive

of administration of medication

Registered Nurse –

Long-term Care

• Must be registered with College of Nurses of

Ontario

• Must have acceptable Vulnerable Sector check

• Provide treatment, assessment, medications

and other nursing interventions

Registered Nurse –

Public Health

• Must be registered with College of Nurses

• Must have acceptable Vulnerable Sector check

• Immunizations related work

Registered Pharmacy

Technician

• Storing, dispensing, distributing publicly funded

pharmaceuticals and vaccines

• Inventory management

• Must be Registered with College of

Pharmacists

SCHEDULE “B”

Confirmation of favourable

health and safety practice form

To Contractor(s):

The Region of Durham is committed to:

1. The prevention of workplace injury and illness to all workers at Regional work locations.

2. The belief that contractor safety is compatible with the safety policy of the Region and is

good business.

3. Reserving the right to cite contractors for any violation of the contract.

To ensure the Regional workplace is a healthy and safe working environment, contractors,

constructors and sub-contractors must have knowledge of and operate in compliance with the

Occupational Health and Safety Act (OHSA) and any other legislation pertaining to employee

health and safety.

For long term contracts, or contracts involving pre-selected contractors, the Region reserves

the right to cancel (or place on probation) the contract of any contractor who is charged

and/or convicted of offences under the OHSA while carrying out any part of a project with the

Region.

Contractor's Statement of Responsibility

As a contractor retained to perform work for the Region of Durham, I/we accept the following

health and safety responsibilities:

1. I/we confirm compliance with all procedures and requirements of the OHSA, Regional

safety policies and procedures, department and site specific policies and procedures,

and all applicable legislation and regulations.

2. I/we agree to work safely with skill and care so as to prevent accidental injury to

ourselves, fellow employees and all other persons on the site of the work.

3. For contracts or sub-contracts that involve commercial motor vehicles as defined by the

Highway Traffic Act, I/we confirm possession of a current Carrier CVOR abstract with

one of the following safety ratings: Excellent; Satisfactory; Conditional; or Satisfactory -

Unaudited. I/we confirm the Carrier CVOR abstract will be maintained throughout the

entire term of the contract.

4. I/we will advise the Region if the CVOR safety rating of our firm is changed to

“Unsatisfactory” at any time during the course of the contract and, upon request, will

Confirmation of favourable health and safety practice form continued

provide the Region with a copy of the most recent Carrier CVOR abstract indicating the

sanctions imposed by the Ministry of Transportation.

5. I/we certify that I/we have all statutorily required policies and programs in place in

accordance with the OHSA, including but not limited to a current and valid Health and

Safety Policy Statement in accordance with section 25(2)(j).

6. I/we certify that all required equipment, materials, and protective devices, along with

related procedures, are provided, used, and maintained in good condition, in

accordance with the OHSA.

7. I/we certify that all staff are apprised of and will comply with legislation, public health

guidelines and the Region’s procedures as they relate to COVID-19. It is understood

that the Region may request that Company/Contractor Staff be replaced if they are not

complying with these policies and procedures and the Company/Contractor shall

promptly facilitate the replacement.

8. I/we verify that each Company/Contractor Staff (including sub-contractors) assigned to

the Region of Durham who will have in-person interaction with Regional employees or

the public in performance of work has received the required number of doses of a

COVID-19 vaccine, or a combination of COVID-19 vaccines approved by Health

Canada and/or the World Health Organization at the correct interval; in addition to

getting any required subsequent booster dose(s) in future.

Updated June 22, 2022 Finance Department/Purchasing Section