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CONTRACT NAME – SWIF Temporary Typist OverviewMARKET DESCRIPTION Temporary Typist: To cover the requirements of the Department of Labor& Industry only.The Supplier must operate and maintain an office within 35 miles of theSWIF locations in which said services are provided.Furthermore, the Supplier must refer a minimum of three (3) qualifiedcandidates, as determined by SWIF, to fill each temporary positionvacancy. Candidates must be referred for interview within seventy-two(72) hours from the date the Contractor receives notification from SWIF.Typists must be able to type from handwritten or typed drafts at a rate ofat least 80 words per minute.Individuals must be proficient in Microsoft applications such as Outlook,Word and Excel as well as possess the ability to learn developedprograms specific to the daily operations of SWIF.Please read the Special Contract Terms & Conditions for a thoroughunderstanding of this contract.CONTRACT INFO Hourly rate is 12.35per hour. Invoices must be submitted weekly.Invoices must show contract number, hours worked, unit price, Supplier'sFederal Identification Number and Location of Work.Reimbursement will be made for actual services accepted by theDepartment of Labor & Industry. The Supplier is responsible for allpayroll taxes, workers' compensation insurance, employee benefits andother charges which may be applicable.It is clearly understood, individuals referred to SWIF by the Supplier areemployees of the Supplier and are not entitled to any benefits received byCommonwealth employees.The Supplier agrees that SWIF, the Commonwealth and any agency ofthe Commonwealth has the right to hire, as a Commonwealth employee,any temporary employee referred by the Supplier for assignment underthe terms and conditions of any contract resulting from this solicitation.Neither SWIF nor the Commonwealth will be bound by any agreementbetween the Supplier and its employees which purports to prohibit SWIFor the Commonwealth from hiring an employee of the Supplier.9990-25 SAP #4600010340SupplierSpherion Staffing (SAPVendor #162893)Validity Dates07/01/06 – 06/30/07Commodity SpecialistEmanuel L WilliamsContact InformationTel: (717) 703-2946emwilliams@state.pa.us9Contract is within Procurement at http://www.dgs.state.pa.us/PARTICIPATION PROCESSPRICING HIGHLIGHTS Contract Theresa Volpi, Area Manager :Tel:(570) 342-2000Email: THERESAVOLPI@SPHERION.COMReference Commonwealth contract 9990-25 SAP#4600010599
REPRINTPageContract Number:Creation Date:All using Agencies of the Commonwealth, Political Subdivision,Authorities, Private Colleges and UniversitiesYour vendor number with us: 162893108/15/2006Purchasing Agent:Name: Emanuel WilliamsPhone: 717-703-2946Fax: 717-783-6241E-mail: emwilliams@state.pa.usValid from/to:08/15/2006 - 06/30/2007Please Deliver To:STATE WORKERS INSURANCE FUND100 LACKAWANNA AVENUESCRANTON PA 18503Vendor Name/Address:SPHERION CORPORATION2050 SPECTRUM BLVDFORT LAUDERDALE FL 33309-3008Your Quotation:Collective No.:Our Quotation:1 /4600010599Date:Payment Terms: NET 30The Commonwealth of Pennsylvania, through the Department of General Services, accepts the submission of the Bidder/Contractor for the awarded item(s) atthe price(s) set forth below in accordance with: 1) the RFQ submitted by the Bidder/Contractor, if any; 2) the documents attached to this Contract orincorporated by reference, if any, and 3) the contract terms and conditions stored on the website address at www.dgs.state.pa.us for this type of Contract as ofthe date of the RFQ, if any, or other solicitation for this Contract, all of which, as appropriate, are incorporated herein by reference. When the Bidder/Contractorreceives an order from a Commonwealth agency, the order constitutes the Bidder/Contractor's authority to furnish the item(s) to the agency at the time(s) andplace(s) specified in the order. RFQ, as used herein, means Request for Quotations, Invitation for Bids, Invitation to Qualify, or Request for Proposals, asappropriate.ItemDescriptionMaterial/Service No.Quantity UOMPricePer UnitTOTAL00010 Temporary Typist (Scranton)114,400.000 ----SUPPLEMENTAL INFORMATION----------------------------------NO FURTHER INFORMATION FOR THIS CONTRACTCurrency: USD4,000,000.00***ESTIMATED VALUE***
Department of General ServicesGSPUR-13BRev. 2/20/01SPECIAL CONTRACT TERMS AND CONDITIONSCONTRACT SCOPE/OVERVIEW: This Contract 9990-25 (identified here and in the otherdocuments as the “Contract”) will cover the requirements of the Department of Labor & Industryfor Temporary Clerk Typist.ORDER OF PRECEDENCE: These Special Contract Terms and Conditions supplement theStandard Contract Terms and Conditions for Statewide Contracts for Service. To the extent thatthese Special Contract Terms and Conditions conflict with the Standard Contract Terms andConditions for Statewide Contracts for Service, these Special Contract Terms and Conditions shallprevail.TERM OF CONTRACT: The Contract shall commence on the Effective Date, which shall be noearlier than date of award and expire on 06/30/07OPTION TO RENEW: The contract, or any part of the contract, may be renewed for two (2)additional one (1) year terms by mutual agreement between the Commonwealth and theContractor(s). If the Contract is renewed, the same terms and conditions shall apply.OPTION TO EXTEND: The Department of General Services reserves the right, upon notice tothe Contractor, to extend the Contract or any part of the Contract for up to three (3) monthsupon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverageand only for the time necessary, up to three (3) months, to enter into a new contract.OPTION FOR SEPARATE COMPETITIVE BIDDING PROCEDURE: The Department ofGeneral Services reserves the right to purchase services covered under this Contract through aseparate competitive bidding procedure, whenever the department deems it to be in the bestinterest of the Commonwealth. The right will generally be exercised only when a specific needfor service exists or the price offered is significantly lower than the Contract price.ADDRESS OF PURCHASE ORDER: Commonwealth agencies may issue purchase ordersagainst this Contract for supplies required by the agencies (using agencies). Please state belowwhere the Purchase Orders should be sent (name, address, city, state, zip code).Spherion221 Scranton Carbondale HwyScranton PA 18508CONTRACTOR REQUIREMENTS:The Contractor must operate and maintain an office within 35 miles of the SWIF locations inwhich said services are provided. Furthermore, the contractor must refer a minimum of three (3)qualified candidates, as determined by SWIF, to fill each temporary position vacancy. Saidcandidates must be referred for interview within seventy-two (72) hours from the date theContractor receives notification from SWIF.Page 1 of 14
Department of General ServicesGSPUR-13BRev. 2/20/01CLERICAL DUTIES: Must be able to type from handwritten or typed drafts at a rate of at least80 words per minute. Individuals must be proficient in Microsoft applications such as Outlook,Word and Excel as well as possess the ability to learn developed programs specific to the dailyoperations of SWIF. In addition, the individual will be responsible for opening and routing mail;scheduling appointments, maintaining files, both alphabetically and numerically and performingother general duties which include, but not limited to, reviewing and paying medical bills;responding to oral (telephone inquiries) or written inquiries of various types; and utilizing a CRTto identify policyholder/claimants and entering information into a CRT from pre-edited material.Also offer clerical assistance and operate general office machines which include, but are notlimited to, typewriters, copy machines, mail machines, fax machines, CRT/PC, etc.REQUIRED SKILLS, KNOWLEDGE AND ABILITIES:Knowledge of standard office procedures, practices and conduct necessary in maintainingharmonious working relationships.Ability to apply policies and procedures on the basis of training or knowledge gained through jobexperience.Ability to understand and follow oral and written instructions.Ability to operate office equipment.Ability to lift and move boxes, ect. weighing up to 40 lbs.Possess a good knowledge of English language relative to grammar, spelling and punctuation at alevel equivalent to that used in writing or adjusting written materials normally consisting of simplesentence structure.SWIF reserves the right to modify, revise or otherwise change the above skills, knowledge andabilities in order to address operational requirements.CANCELLATION CLAUSE:The Department of Labor & Industry will be the sole judge as to the acceptability of the qualityand quantity of work produced. If work is not acceptable, the Contractor will be given theopportunity to provide an alternate individual. If work continues to be unsatisfactory, theDepartment retains the option of immediately canceling the contract.PAYMENT TO THE CONTRACTOR:Invoices will be submitted weekly to:Department of Labor & IndustryState Workers' Insurance FundAttn: Barb PartykaScranton State Office Building100 Lackawanna AvenueScranton, PA 18503Invoices must show contract number, hours worked, unit price, Contractor's FederalIdentification Number and Location of Work. Reimbursement will be made for actual servicesaccepted by the Department of Labor & Industry. Contractor is responsible for all payroll taxes,Page 2 of 14
Department of General ServicesGSPUR-13BRev. 2/20/01workers' compensation insurance, employee benefits and other charges which may be applicable.It is clearly understood, individuals referred to SWIF by the Contractor are employees of theContractor and are not entitled to any benefits received by Commonwealth employees.The contractor agrees that SWIF, the Commonwealth and any agency of the Commonwealth(herein after the "Commonwealth"), has the right to hire, as a Commonwealth employee, anytemporary employee referred by the Contractor for assignment under the terms and conditions ofany contract resulting from this solicitation. Neither SWIF nor the Commonwealth will be boundby any agreement between the Contractor and its employees which purports to prohibit SWIF orthe Commonwealth from hiring an employee of the Contractor. SWIF and the Commonwealthare only bound by the terms of the contract which is properly executed and approved byCommonwealth employees and officials. The Contractor may not sue SWIF or theCommonwealth if it hires an employee of the Contractor. Neither SWIF nor the Commonwealthwill be liable for any damages the Contractor claims it suffers if SWIF or the Commonwealth hiresone of its employees.PAYMENT TO EMPLOYEES:PAYMENT TO EMPLOYEES:Employees assigned by the Contractor will be paid on a weekly basis. Payroll checks must bedelivered or send overnight (i.e. FedEx, UPS, etc.) to the SWIF office location so they areavailable for distribution to the employees on Friday morning of each week. The contractor willbe responsible for the costs associated with the overnight delivery of the weekly payroll checksINVOICES:a) Unless otherwise specified in a PO, subject to Issuing Agency review and acceptance, theContractor shall invoice the Issuing Agency for services performed only after acceptanceof the services in accordance with the PO. Invoices will be submitted as specified in thePO.b) At a minimum, the following information shall be furnished on all invoices, as applicable:1) The Contract number;2) PO number;3) The Contractor’s SAP Vendor Number;4) The period covered;5) Tasks completed by the Contractor during the billing period and approved by theIssuing Agency to the date of the invoice, and percentage of the phase representedthereby;6) Amounts invoiced to date and approved to date;7) Location, including address to which payment is to be made; and8) Invoices received by the Contractor from any subcontractor.Page 3 of 14
Department of General ServicesGSPUR-13BRev. 2/20/01c) The Issuing Agency shall use its best efforts to pay all properly prepared and submittedinvoices within 45 calendars days from the date of receipt of such invoice by the IssuingAgency. Interest on late payments will be paid if the contractor qualifies for suchpayment pursuant to the provisions of 4 Pa. Code § 2.31, et seq.d) The Commonwealth or Issuing Agency may deduct from amounts due under an invoiceany amounts owed to the Commonwealth.NOTICE OF DELAYS: Whenever the Contractor encounters any difficulty which is delaying orthreatens to delay the timely performance of this Contract or any PO issued under this Contract(including actual or potential labor disputes), the Contractor shall immediately give notice thereofin writing to the Contact Person stating all relevant information with respect thereto. Such noticeshall not in any way constitute a basis for an extension of the delivery schedule or be construedas a waiver by the Commonwealth of the Issuing Agency of any rights or remedies to which it isentitled by law or pursuant to provisions of this Contract. Failure to give such notice, however,may be grounds for denial of any request for an extension of the delivery schedule because ofsuch delay.INSURANCE: Contractors, at their expense, shall procure and maintain, during the termof the Contract and any renewals or extensions thereof, the following types ofinsurance, issued by companies acceptable to the Department of General Services andauthorized to conduct such business under the laws of the Commonwealth ofPennsylvania:(A) Worker’s Compensation Insurance for all of the Contractor’s employees andthose of any subcontractor, engaged in work at the site of the project asrequired by law.(B) Public Liability and Property Damage Insurance to protect theCommonwealth, the Contractor, and any and all subcontractors from claims fordamages to property including the loss of use resulting from any propertydamage, which may arise from the activities performed under the Contract or thefailure to perform under the Contract, whether such performance or nonperformance be by the Contract, by any subcontractor, or by anyone directly orindirectly employed by either. The minimum amounts of coverage shall be 250,000 per person and 1,000,000 per occurrence for bodily injury,including death, and 250,000 per person and 1,000,000 per occurrencefor property damage. Such policies shall be occurrence rather than claims-made policies and shall not contain any endorsements or any other formdesignated to limit and restrict any action by the Commonwealth, as anadditional insured, against the insurance coverage in regard to work performedfor the Commonwealth.Prior to commencement of the work under the Contract and at each insurance renewaldate during the term of the Contract, the Contractor shall provide the Department ofGeneral Services with current certificates of insurance. These certificates or policiesshall name the Commonwealth as an additional insured and shall contain a provisionthat the coverage’s afforded under the policies will not be cancelled or changed until atPage 4 of 14
Department of General ServicesGSPUR-13BRev. 2/20/01least thirty (30) days written notice has been given to the Department of GeneralServices.The Department of General Services shall be under no obligation to obtain such certificates fromthe Contractor(s). Department of General Services failure to obtain same shall not be deemed awaiver of Contractor’s obligation to obtain and furnish certificates. Department of GeneralServices, or its designates, shall have the right to inspect the original insurance policies.The Contractor agrees to maintain such insurance for the life of any PO under which it isworking.Contractor’s self-insurance of the types and amounts of insurance set for above shall satisfy therequirements of this Section (Insurance).LIMITATION OF LIABILITY: The contractor's liability to the Commonwealth under anypurchase order issued under the Contract shall be limited to: (i) the greater of 1,000,000 or thevalue of the purchase order (including any amendments), for purchase orders of 500,000 ormore or (ii) the greater of 100,000 or two (2) times the value of the purchase order for all otherpurchase orders, unless otherwise specified in the purchase order. This limitation will apply,except as otherwise stated in this paragraph, regardless of the form of action, whether incontract or in tort, including negligence. This limitation does not, however, apply to damages for:A. Bodily injury;B. Damage to real property or tangible personal property for which the contractor is legallyliable; orC. The contractor's indemnity of the Commonwealth for patent, copyright, trade secret, ortrademark protection.In no event will the contractor be liable for lost profits, lost revenue or lost savings. In no eventwill the contractor be liable for damages due to lost records or data, except for contactor liabilityassociated with viruses or malicious, mischievous or destructive programming. Notwithstandingthe foregoing, the contractor shall provide reasonable assistance to the Commonwealth inrestoring such lost records or data to their most recent backup copy.VIRUS, MALICIOUS, MISCHIEVOUS OR DESTRUCTIVE PROGRAMMING: Notwithstandingany other provision in this Contract to the contrary, provided the Commonwealth has fullycomplied with its software security standards, if the Contractor or any of its employees,subcontractors or consultants introduces a virus or malicious, mischievous or destructiveprogramming into the Commonwealth and has failed to comply with the Commonwealth softwaresecurity standards and provided further that the Commonwealth can demonstrate that the virusor malicious, mischievous or destructive programming was introduced by the Contractor or any ofits employees, subcontractors or consultants, the Contractor shall be liable for any damage toany data and/or software owned or licensed by the Commonwealth in the event a computer virusor malicious, mischievous or destructive programming is discovered to have originated from theContractor, its servants, agents, or employees. In addition, the Contractor shall be liable for anydamages incurred by the Commonwealth including, but not limited to, the expenditure ofCommonwealth funds to eliminate or remove a computer virus or malicious, mischievous ordestructive programming that result from the Contractor’s failure to take proactive measures tokeep virus or malicious, mischievous or destructive programming from originating from theContractor, its servants, agents or employees through appropriate firewalls and maintenance ofanti-virus software and software security updates (such as operating systems security patches,Page 5 of 14
Department of General ServicesGSPUR-13BRev. 2/20/01etc.). In the event of destruction or modification of software, the Contractor shall eliminate thevirus, malicious, mischievous or destructive programming, restore the Commonwealth’s software,and be liable to the Commonwealth for any resulting damages. The Contractor shall beresponsible for reviewing Commonwealth software security standards and complying with thosestandards.The Commonwealth may, at any time, audit, by a means deemed appropriate by theCommonwealth, any computing devices being used by representatives of the Contractor toprovide services to the Commonwealth for the sole purpose of determining whether thosedevices have anti-virus software with current virus signature files and the current minimumoperating system patches or workarounds have been installed. Devices found to be out ofcompliance will immediately be disconnected and will not be permitted to connect or reconnect tothe Commonwealth network until the proper installations have been made.The Contractor may use the anti-virus software used by the Commonwealth to protectContractor’s computing devices used in the course of
payroll taxes, workers' compensation insurance, employee benefits and . Supplier Spherion Staffing (SAP Vendor #162893) Validity Dates 07/01/06 – 06/30/07 . the contract terms and conditions stored on the website address at www.dgs.state.pa.us for this type of Contract as of the da
