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HomeMy WebLinkAboutG and M Hire Enterprises LLC dba @Work Personnel Services; 2019-03-08;AGREEMENT FOR TEMPORARY STAFFING SERVICES G&M HIRE ENTERPRISES, LLC, DBA @WORK PERSONNEL SERVICES THIS AGREEMENT is made and entered into as of the 'is~ day of ~)/\ , , 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and G&M Hire Enterprises, LLC, dba @Work Personnel Services, a limited liability corporation ("Contractor"). RECITALS A. City requires the professional services of a temporary employment agency that is experienced in temporary staffing. B. Contractor has the necessary experience in providing professional services and advice related to temporary staffing. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed ninety-five thousand dollars ($95,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as City Attorney Approved Version 6/12/18 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. City Attorney Approved Version 6/12/18 2 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL} Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 6/12/18 3 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Paul Ho Title Senior Program Manager Department Human Resources City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2442 For Contractor Name Sharon Taylor Title Branch Assistant Manager Address 5375 Avenida Encinas, Suite F Carlsbad, CA 92008 Phone No. 442-287-0300 Email staylor@atwork.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No ■ City Attorney Approved Version 6/12/18 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 6/12/18 5 employee, any fee, commIssIon, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) 82-LG-Cr A , \-ti\-'S ') '-'c._ \ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: U-<;lG1;:;, BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otheiwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 6/12/18 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~""):a,<"' D\-t"'%0 ) On :.)\ ·d-~~\--::.:i.o\ C-\ before me, ~ . "lush€.-) Jo\o. '¼ Qu.,~\ \ '-- Date Here Insert Name and Title of the Office/\ . personally appeared " . .Aoc:::>e'::::> Kunc3e\ C\n6 (~r-e~5 A,. \-\0>\½\er Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso_JJ(sl whose name(s) is~ subscr~o the within instrument and acknowledged to me that he/shef~xecuted the same in his/he(/tt:!_~authorized capacity(ies), and that by his/her~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS~y hand and o~D Signature ~ ~ ,. Signature of Notary Public ----------------opnoNAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: Number of Pages: ___ Signer(s) Other Than Named Above: ____ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _______________ _ Signer's Name: _________ _ ' I Corporate Officer -Title(s): ______ _ Corporate Officer -Title(s): ______ _ Partner -Limited General Partner -Limited General 1 Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator . Other: ______________ _ . Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _______ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE Of SERVICES Contractor will provide qualified Contract Workers on an "as needed basis." Contractor shall respond to City's request for Contract Workers in a timely manner. City will specify the services required, the shift hours, and the expected duration of the assignment. City will comply with State and Federal Wage and Hour Law. Contractor will provide City with the resume and social security number of qualified Contract Worker prior to City agreeing to start the assignment. City will verify that Contract Worker is not a CalPERS member prior to approving Contract Worker's assignment. Contractor will notify City within 2 business days of the date that a Contract Worker reaches a total of 900 hours (regular and overtime) worked for City in a fiscal year (July 1 -June 30). City and Contractor will then determine the assignment end date so that a Contract Worker does not work more than 1,000 hours while assigned to City in a fiscal year. Contractor shall provide Contract Workers capable, experienced and able to work with limited direct supervision. Contract Workers shall follow all City rules, including: • No smoking in work area. • Presenting positive identification on first day of assignment when reporting for duty. • Interacting cordially with City personnel. • Responding professionally to City supervisory personnel and customers. • Parking in assigned locations. • Following other City rules, policies and procedures as required. Contractor agrees that City may enroll Contract Workers into the DOJ Livescan database so that City is notified of any criminal or driving infractions that occur while Contract Workers are assigned to City. City will unenroll Contract Workers from this database after Contract Workers are no longer assigned to City. Should the City decide the Contract Worker is not going to work out within the first four (4) hours of their first shift, the City may call Contractor and Contractor will end the Contract Worker's assignment and waive any billing for up to four hours. Invoices and Reports Payment for services require a time card approved by City authorized personnel and must be submitted in an all-inclusive hourly basis; invoice will specify number of hours actually worked multiplied by agreed upon bill rate. City shall not be liable or responsible for any federal, state or local taxes or withholdings for any Contract Worker used under this Agreement. Contractor shall submit invoices no more frequently than weekly directly to designated department. The City shall process the claim for prompt payment. Contractor shall furnish the City (Human Resources Department) a monthly usage report (due by the fifteenth of the subsequent month) detailing ordering information for all Contract Workers assigned to City that includes but is not limited to: Contract Workers' names, start dates, end dates, departments, job titles, billing rates, pay rates and total number of hours (regular and overtime) each Contract Worker worked within the current fiscal year (July 1 -June 30). City Attorney Approved Version 6/12/18 8 Contractor shall not provide non-contracted temporary personnel without the proper approval and changes from the City. The only services authorized are those services specifically requested by City, and agreed to by the Parties. By providing the services, Contractor is certifying the services provided are in accordance with this Agreement's terms and conditions. City reserves the right to deny payment of any temporary personnel services not authorized under this agreement. For City staffing needs that require a temporary worker to drive either the temporary worker's own vehicle or a City vehicle in the performance of the temporary worker's duties at the City, Contractor shall ensure that these temporary worker(s) who are assigned to the City will have and possess a valid California Driver's License. Additionally, Contractor agrees to enroll these temporary workers in the State of California, Department of Motor Vehicles (OMV) Driver License Pull Notice ("Pull Notice") program that allows an employer to obtain the driving record ("Driving Record") in printout form of its temporary workers. At a minimum, Contractor shall request the following information from the OMV Pull Notice for each temporary worker assigned to the City: Status and Record (Processed by DU1 D number and subject's full name); Status and Record (Processed by subject's full name and date of birth); Order of Suspension/Revocation; and Certified Record. Contractor shall provide City with Driving Record printout of each temporary worker assigned to the City within 7 days of placement of said temporary worker at the City. Contractor shall also provide to the City, within 3 business days of receipt, all OMV notices received by Contractor related to any temporary worker assigned to the City. The Contractor's insurance shall be primary with respect to the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. The Contractor's automobile insurance will be excess when a City vehicle is driven by Contractor. The resulting product of this solicitation shall be considered work made for hire. City, pursuant to this Agreement will own all products/copyrights produced/made under this Agreement. In the event that a deliverable does not automatically vest in the City, Contractor and Contract Worker shall, without any additional compensation or payment due, execute any and all appropriate documents to assign or otherwise transfer the copyright or other intellectual property rights to City. Contractor shall be responsible for notifying the City of fitness for duty status of Contract Workers and for any other Department of Health notification requirements. During the course of this Agreement, the City shall provide adequate work space for Contract Worker and such other related facilities as may be required by Contract Worker to carry out its obligation enumerated herein. City Attorney Approved Version 6/12/18 9 Fees Contract Worker's hourly pay rate will be negotiated on an individual basis prior to the start of assignment; and will be based upon the Contract Worker's category hourly rate range and will be dependent upon skill level and job requirements. Bill Rates/mark-up Percentage Fee Rates • Administrative/Clerical positions-44% • Light industrial positions -54% • IT/Engineering Technology positions -44% • General Labor -54% Direct Hire fee is 18% of Annual Salary. If the City desires to hire a Contract Worker before the specified time elapses, special releases may be negotiated on a case-by-case basis. Contractor and City shall negotiate in good faith and all negotiated terms must be guaranteed by the Contractor. The hourly requirement for Temp-to-Hire Conversion with a $0 conversion fee is 520 hours. The conversion fee for a Contract Worker who has been assigned to the City for fewer than 520 hours is equal to the difference between the bill rate and the person's pay rate multiplied by the difference between 520 and the number of hours assigned to City as of the conversion date. In a Temp-to-Hire Conversion situation, when determining the time spent working for City prior to City hiring the Contract Worker, all time worked for City, including work in multiple job titles and/or multiple City departments and including a break in work of less than 6 months counts towards the total hours worked for City. Payroll Accommodation -When an employee is referred by the City, Contractor will process them the same way as any other candidate, however they are not subject to the 520 hour requirement and the conversion fee is waived regardless of number of hours worked. A 4% surcharge is added to cover Affordable Care Act (ACA) and California Paid Sick Leave. There are no additional costs unless the City desires Contractor to also provide and manage the background check process per City specifications, in which case the cost of each background would be passed through to the City. Sick Pay Contractor will comply with California State law regarding accruing paid sick days for all qualifying assigned Contract Workers. As Contract Workers assigned to City actually take accrued sick time off. Contractor will bill City for the accrued sick time taken. Only accrued sick time earned at City will be billed (not all sick time taken). ACA ACA Obligations. For purposes of the Affordable Care Act ("ACA"), Contractor will treat all employees assigned to provide services for City as common-law employees of Contractor. Contractor will comply with its obligations as the employer under the ACA, including without limitation the obligation to make employer shared responsibility payments as required thereunder (the "ACA Obligations"). City Attorney Approved Version 6/12/18 10 CONSULTANT AtworkAppleOneVoltTSCTI 22nd Century TechnologiesDevCare SolutionsE-SolutionsHB StaffingSagecrestManpowerSedonaATCNYGCICCSDiskriterTru CapitalTalantageNiteLines TechnicalTPPSNTC-INConstruction Service WorkersSpearhead GroupCRITERIA SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE Fees 7 7 7 8 8 7 7 6 5 7 6 5 8 7 7 8 6 6 5 5 8 Overall approach 9 9 9 8 8 8 6 8 8 7 9 7 8 8 7 7 6 8 7 6 6 Related experience 7 8 10 9 7 7 8 7 8 7 5 5 5 6 5 4 5 4 5 5 5 Client List 9 9 8 8 8 7 7 7 7 6 4 7 3 2 4 3 4 3 4 4 1 SUBTOTAL 32 33 34 33 31 29 28 28 28 27 24 24 24 23 23 22 21 21 21 20 20 RFP SCORE 80 82.5 85 82.5 77.5 72.5 70 70 70 67.5 60 60 60 57.5 57.5 55 52.5 52.5 52.5 50 50 INTERVIEW SCORE 91 81 78 77 BEST VALUE SCORE 171 163.5 163 159.5 21 4 3 The city selected the following contractors because they had the highest "best value" score. ATWORK APPLEONE VOLT Total Proposals Received Number of Companies Interviewed Number of Contracts Awarded 2019 TEMPORARY STAFFING SERVICES RFP FINAL SCORES ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 02/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cynthia Cadenhead NAME: Temecula Insurance Services rigNio Extl (951) 694-5200 I FAX iAIC, No): (951) 302-0470 41923 Second Street E-MAIL cynthia@temeculainsuranceservices.com ADDRESS: Suite 201 INSURER(S) AFFORDING COVERAGE NAIC# Temecula CA 92590 INSURER A: Arch Insurance Compamy 11150 INSURED INSURER B Security National Insurance Company 19879 G&M Hire Enterprises. LLC dba @Work Personnel Services INSURER C: State Compensation Ins. Fund 35076 27720 Jefferson Ave INSURER D: Suite 130 INSURER E Temecula CA 92590 INSURER F · COVERAGES CERTIFICATE NUMBER-CL1842402050 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDl~IG ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE l~ISURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIO~IS MID CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MMIDDIYYYY\ r M MIDDIYYYY\ LIMITS ~ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE [81 OCCUR UAMAbt: TO Kt:.1\1 I t:.U PREMISES· Ea occurrence) s 100,000 -MED EXP 1Any one persoo 1 s 5,000 A y NFPKG0002701 04127/2018 04127·2019 PERSONAL & ADV INJURY s 1,000,000 -GEN'L AGGREGATE LI MIT APPLIES PER GENERAL AGGREGATE s 2,000,000 ~ □PR~ □LOC 2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG s OTHER Hired/Non-owned autos s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 , Ea acadenti -ANY AUTO BODILY INJURY ,Per person' s -~ B OWNED SCHEDULED SPP134479101 1212912018 1212912019 BODILY INJURY ,Per acc1dent1 s -AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS O~ILY Per accident --s UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESS LIAB CLAIMS-MADE NFFXS0001501 0412712018 0412712019 AGGREGATE s 3,000,000 ✓ OED I I RETENTION s s WORKERS COMPENSATION XI ~?fTUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN C Af~Y PROPRIETOR/PARTNER/EXECUTIVE □ 9133373 05123/2018 0512312019 E L EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) EL DISEASE -EA EMPLOYEE s 1,000,000 If yes. describe under 1,000,000 DESCRIPT1ml OF OPERATIONS belc,,s E L 01 SEASE -POLICY LI MIT s Limit 50,000 A Employee Dishonesty NFPKG0002701 04/2712018 04/2712019 Per Incident Limit 1,000,000 Professional Liability (E&O) ✓ Annual Aggregate Limit 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is hereby named as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE ,} - Carlsbad CA 92008 l .l{att I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION II -WHO IS AN INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for "bodily inJury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work", including "your work" that has been completed: or B. In connection with your premises owned by or rented to you. As used in this endorsement. the words "you" and "your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Number: NFFK;,.·1 27Cl Named Insured: -;-;M El'TTEPFP I SES Endorsement Effective Date: •.~ -l -2 --l S 00 CGL0006 00 05 07 Page 1 of 1 INSUREC : :PY POLICY NUMBER: rJFPKGIJOOr(,1 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: A'.'JY PEPSON OR ORGAN I ZATI<JN PJR :,,rnc,t1] YOU PERFDRM WOPK ONDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. THIS ENDORSEMENT DOES NOT APPLY IN THE STATES WHERE CONTRACTUAL PROVISIONS PURPORTilJG TO WAIVE SUBROGATION RIGHTS IS AGAINST PUBLIC POLICY OP RULE OF LAW. WAIVER OF SUBROGATION IS NOT .:C...I..LC'r.i::'.::J IN ND: HAMFSH IPE, NEVi JERSE.f, I<:StJTTJCK"f, AND IM KAlJSAS OR MISSOURI FOR CONSTRUCTION RISKS. Information rA<Juired to comolete this Schedule, if not shown above. will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ''your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc, 2008 NSIJREC :CPY Page 1 of 1 □