R2025-277 Resolution Authorizing an Agreement with MGT Impact Solutions, LLC for Finance Director

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EXHIBIT rr M COT «< EMPLOYEE LEASING AGREEMENT THIS EMPLOYEE LEASING AGREEMENT (this "Agreement") is made by MGT Impact Solutions, LLC ("MGT"), and the City of Decatur(the "Client"). MGT and the Client can be individually identified as a ("Party")and collectively as the("Parties"). MGT and the Client agree as follows: SECTION 1 SCOPE OF AGREEMENT Section 1.01. Assigned Employee. The Client will lease certain employees of MGT,and MGT will lease to the Client, the personnel identified in attached Exhibit A, (the "Assigned Employee"). Exhibit A identifies the temporary position and/or assignment (the "Assignment') each Assigned Employee will fill at the Client,and it further identifies the base compensation for each Assigned Employee,as of the effective date of this Agreement. Exhibit A may be modified from time to time by an amended Exhibit A signed by both MGT and the Client. MGT has the sole authority to assign and/or remove the Assigned Employee, provided however, that the Client may request, in writing, that MGT remove or reassign the Assigned Employee which removal or reassignment shall not be unreasonably withheld by MGT. The Parties understand and acknowledge that the Assigned Employee is subject to the Client's day-to-day supervision. Section 1.02. Independent Contractor. MGT is and remains an independent contractor,and not an employee,agent,partner of,or joint venturer with,the Client. MGT has no authority to bind the Client to any commitment,contract,agreement or other obligation without the Client's express written consent. SECTION 2 SERVICES AND OBLIGATIONS OF MGT AND CLIENT Section 2.01. Payment of Wages. MGT will, to the extent applicable and /or required by law, timely pay the wages and related payroll taxes of the Assigned Employee from MGT's own account in accordance with federal and state law and MGT's standard payroll practices. MGT will withhold from such wages all applicable taxes and other deductions elected by the Assigned Employee. The Client acknowledges that MGT 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 Client agrees to cooperate with MGT and 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, MGT will comply with the Immigration Reform and Control Act of 1986,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.0 § 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, MGT 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. It is understood and agreed that the Client shall be under no obligation to reimburse or indemnify MGT for the workers compensation claims of the Assigned Employee(s)and MGT agrees to not seek any such reimbursement and/or indemnification;provided,however,that,this provision shall not apply and the Client shall be obligated to reimburse and hold MGT harmless for all loss and expense incurred as (813)327-4717 14320 W. Kennedy Blvd.,Tampa;FL 33609 MGT.us