Common use of OBLIGATIONS OF THE MUNICIPALITY Clause in Contracts

OBLIGATIONS OF THE MUNICIPALITY. As part of the employee leasing relationship, the Municipality hereby covenants, agrees and acknowledges: (a) The Municipality shall comply with OSHA and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Worksite Employee or to his or her place of work. The Municipality agrees to comply, at its expense, with reasonable health and safety directives from GovTemp's internal and external loss control specialists, GovTemp's workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The Municipality shall provide and ensure use of all personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule. GovTemp and GovTemp’s insurance carriers shall have the right to inspect the Municipality’s premises to ensure that the Worksite Employee is not exposed to an unsafe work place. In no way shall GovTemp’s rights under this paragraph affect the Municipality’s obligations to the Worksite Employees under applicable law or to GovTemp under this Agreement; (b) With respect to the Worksite Employees, the Municipality shall comply with all applicable employment-related laws and regulations, including and, without limitation, Title VII of the 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 of 1974, the Illinois State Constitution, the Illinois Human Rights Act, and any other federal, state or local law, statute, ordinance, order, regulation, policy or decision regulating wages and the payment of wages, prohibiting employment discrimination or otherwise establishing or relating to rights of employees; (c) The Municipality shall retain the right to exert sufficient direction and control over the Worksite Employee as is necessary to conduct the Municipality's business and operations, without which, the Municipality would be unable to conduct its business, operation or comply with any applicable licensure, regulatory or statutory requirements; (d) The Municipality shall not have the right to remove or reassign the Worksite Employee unless mutually agreed to in writing by GovTemp and the Municipality in accordance with Section 1.01; provided, GovTemp shall not unreasonably refuse to provide such written agreement; (e) The Municipality agrees that the Municipality shall pay no wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Worksite Employee; (f) The Municipality shall report to GovTemp any injury to any Worksite Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If a Worksite Employee is injured in the course of performing services for the Municipality, the Municipality and GovTemp shall follow the procedures and practices regarding injury claims and reporting, as determined by GovTemp. The Municipality shall have no obligation to make available a light duty or modified work assignment for any Worksite Employee; and (g) The Municipality shall report all on-the-job illnesses, accidents and injuries of the Worksite Employee to GovTemp within twenty-four (24) hours following notification of said injury by employee or employee’s representative.

OBLIGATIONS OF THE MUNICIPALITY. As part of the employee leasing relationship, the Municipality hereby covenants, agrees and acknowledges: (a) The Municipality shall comply with OSHA and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Worksite Employee or to his or her place of work. The Municipality agrees to comply, at its expense, with all reasonable health and safety directives from GovTempGOVTEMPS's internal and external loss control specialists, GovTempGOVTEMPS's workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The Municipality shall provide and ensure use of all personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rulerule or as deemed reasonably necessary by GOVTEMPS’s workers’ compensation carrier. GovTemp GOVTEMPS and GovTempGOVTEMPS’s insurance carriers shall have the right to inspect the Municipality’s premises to ensure that the Worksite Employee is not exposed to an unsafe work place. In no way shall GovTempGOVTEMPS’s rights under this paragraph affect the Municipality’s obligations to the Worksite Employees under applicable law or to GovTemp GOVTEMPS under this Agreement; (b) With respect to the Worksite Employees, the Municipality shall comply with all applicable employment-related laws and regulations, including and, without limitation, Title VII of the 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 of 1974, the Illinois State Constitution, the Illinois Human Rights Act, and any other federal, state or local law, statute, ordinance, order, regulation, policy or decision regulating wages and the payment of wages, prohibiting employment discrimination or otherwise establishing or relating to rights of employees; (c) The Municipality shall retain the right to exert sufficient direction and control over the Worksite Employee as is necessary to conduct the Municipality's business and operations, without which, the Municipality would be unable to conduct its business, operation or comply with any applicable licensure, regulatory or statutory requirements; (d) The Municipality shall not have the right to remove or reassign the Worksite Employee unless mutually agreed to in writing by GovTemp GOVTEMPS and the Municipality in accordance with Section 1.01; provided, GovTemp shall not unreasonably refuse to provide such written agreement; (e) The Municipality agrees that the Municipality shall pay no wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Worksite Employee; (f) The Municipality shall report to GovTemp GOVTEMPS any injury to any Worksite Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If a Worksite Employee is injured in the course of performing services for the Municipality, the Municipality and GovTemp GOVTEMPS shall follow the procedures and practices regarding injury claims and reporting, as determined by GovTemp. The Municipality shall have no obligation to make available a light duty or modified work assignment for any Worksite EmployeeGOVTEMPS; and (g) The Municipality shall report all on-the-job illnesses, accidents and injuries of the Worksite Employee to GovTemp GOVTEMPS within twenty-four (24) hours following notification of said injury by employee or employee’s representative.

OBLIGATIONS OF THE MUNICIPALITY. As part of the employee leasing relationship, the Municipality hereby covenants, agrees and acknowledges: (a) The Municipality shall comply with OSHA and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Worksite Employee or to his or her place of work. The Municipality agrees to comply, at its expense, with reasonable all health and safety directives from GovTemp's GovTemp internal and external loss control specialists, GovTemp's GovTemp workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The Municipality shall provide and ensure use of all personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rulerule or as deemed necessary by GovTemp workers’ compensation carrier. GovTemps and GovTemp and GovTemp’s insurance carriers shall have the right to inspect the Municipality’s premises to ensure that the Worksite Employee is not exposed to an unsafe work place. In no way shall GovTemp’s GovTemp rights under this paragraph affect the Municipality’s obligations to the Worksite Employees under applicable law or to GovTemp GovTemps under this Agreement; (b) With respect to the Worksite Employees, the Municipality shall comply with all applicable employment-related laws and regulations, including and, without limitation, Title VII of the 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 of 1974, the Illinois State Constitution, the Illinois Human Rights Act, and any other federal, state or local law, statute, ordinance, order, regulation, policy or decision regulating wages and the payment of wages, prohibiting employment discrimination or otherwise establishing or relating to rights of employees; (c) The Municipality shall retain the right to exert sufficient direction and control over the Worksite Employee as is necessary to conduct the Municipality's business and operations, without which, the Municipality would be unable to conduct its business, operation or comply with any applicable licensure, regulatory or statutory requirements; (d) The Municipality shall not have the right to remove or reassign the Worksite Employee unless mutually agreed to in writing by GovTemp GovTemps and the Municipality in accordance with Section 1.01; provided, GovTemp shall not unreasonably refuse to provide such written agreement; (e) The Municipality agrees that the Municipality shall pay no wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Worksite Employee; (f) The Municipality shall report to GovTemp GovTemps any injury to any Worksite Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If a Worksite Employee is injured in the course of performing services for the Municipality, the Municipality and GovTemp GovTemps shall follow the procedures and practices regarding injury claims and reporting, as determined by GovTempGovTemps. The Upon receipt of notification from GovTemps or its insurance carrier that an injured Worksite Employee is able to return to work and perform "light duty," the Municipality shall have no obligation to immediately make available a an appropriate light duty or modified work assignment for such Worksite Employee to the extent required or permitted by any Worksite Employeeapplicable law; and (g) The Municipality shall report all on-the-job illnesses, accidents and injuries of the Worksite Employee to GovTemp GovTemps within twenty-four (24) hours following notification of said injury by employee or employee’s representative.