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Home My WebLink AboutNorth Woods Lucky Stars Inc dba Sedona Staffing Services; 2015-04-06;AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR TEMPORARY STAFFING SERVICES ALLY SERVICES, INC., DBA SEDONA STAFFING SERVICES, A CALIFORNIA CORPORATION ~dment No. 3 is entered into and effective as of the 2). nJZ day of 7h, , 2018, extending the agreement dated April 6, 2015 (the "Agreement') by and between the City of Carlsbad, a municipal corporation, f'City''), and Ally Services., OBA Sedona Staffing Services, a California Corporation ("Contractor'') (collectively, the "PartiesD) for temporary staffing services. RECITALS A. On April 6, 2015, the Parties executed an Agreement for temporary staffing services; and B. On March 16, 2016, the Parties executed an Assignment and Assumption Agreement and Amendment No. 1 to the Agreement to extend and fund the agreement; and C. On March 31, 2017, the Parties executed Amendment No. 2 to the Agreement to extend and fund the agreement; and D. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year starting on April 7, 2018 and ending on April 6, 2019 and funded in an amount not to ex~ed one hundred thousand ($100,000) per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill 1 City Attorney Approved Version 1/30/13 , 4. _lhe individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant th_at they have the legal power, right and actual a~ority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California 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 Otherwise, 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. JXPPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: -----"&;J _______________ k~ ~ Assistant City Attorney City Attorney Approved Version 1/30/13 2 AE5!---Ri:I CERTIFICATE OF LIABILITY INSURANCE I DATE (IIM/00/YYYY) ~ 12/20/2017 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 ADDmONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsemenL A statement on thla certificate does not confer rights to the certificate holder In lleu of such endo,_ ... _,,_s). J PRODUCER ~lri:':"'' Steohanle Mlchaels - Assurance Agency, Ltd. m?N,t "-"• (312) 625-5885 I r::. ..... ,. (847) 440-e12a One Century Centre ~!....: smlchaeL~assuranceaaencv.com 1750 E. Golf Road Schaumburg IL 60173 ; JHSUl>FRNll AFFORDING COVERAGE NAJCI r INSURER A : American Guarantee & Uab ' 26247 INSURED SEDOGR0-01 INSURJ!R a : ACE American Insurance Comoanv 22667 Sedona Staffing -URER c: Ace Fire Underwriters Ins. Co. 20702 600 35th Avenue Moline IL 61265 INSURER D : Zurich American Insurance Co 16535 / ' INSURERE: ""'11DFR F: COVERAGES CERTIFICATE NUMBER: 1152179670 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI..JCY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY P.ERTAJN, THE, INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE, TERMS, EXCLUSIONS AND CONDmONS OF SUCH POt,.ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --) P01.Jl;T t:t'~ l'UI.-ICY EXP LTR TYPE Of INSURANCE ... D WVD' POLICY NUMBER . UolITa D -LIABIUTY PRA5907B7606 1/1/2018 1/1/2019 EACH OCCURRENCE $1 l'IIVl,000 x ' ~~¼:~11=-u r COMMERCIAL GENERAL LIABILITY ) $1,000 000 -D ctAJMS-MADE 0 OCCUR MED EXP (Arry ooe poraon) $10,000 PERSONAL & ADV INJURY $1,000,000 -GENERAL AOOREGA1E -$ 2.000 000 GEN'L AGGREGA1E LIMIT APPLIES PER PRODUCTS • COMP/OP AGG $ 2.000,000 n POLICY n ~/}& rx7 LOC $ D AUTOMOBILE LIABIUTY PRA59078780!5 1/1/2018 1/1/2019 ~~rN(;Ll: LIMI I s1 rwv,rv,n .A -PRA591278906 1/1/2018 1/1/2019 X />HYAUTO BOOIL Y INJURY (Per peBOII) $ -ALL OWNED -SCJ-EDULED -BODILY INJURY (P9J' aoc!dent) s AUTOS AUTOS --NO*OWNED i~OP~~ X HIRED AUTOS X AUTOS $ --, $ . A X UMIIRel.l..A LIAB HOCCUR_ UMB548921705 1/1/2018 1/1/2019 EACH OCCURRENCE $10 000 000 - EXCESSLIAB CLAJMS-MADE AGGREGA1E $10,000 000 / DED I X I RETENTION$ 0 $ B WORKl!R8 COMPl!HSATION WLRC&4620218 1/1/2018 1/1/2019 x I ~$f ~Jt" I 10.llt C AND EIIPI..OYER8' LIABIUTY Y/N SCFC64620228 1/1/2018 1/1/2019 ANY PROPRlETORIPARTI-ER/EXECUTJ [I] EL EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? , Y N/A (Mandatory In NH) EL DISEASE· EA EMPLOYEE $1,000,000 ~~~~ ~OPERATIONS below , EL DISEASE· POLICY LIMIT $1000000 D Profaaslo, 11!11 ~) PRA590787606 1/1/2018 1/1/2019 Per Claim: $1 MM ~ $2MM D Crime (3rd Party PRA690787606 1/1/2018 1/1/2019 UmJI· 000 I I DESCRIPTION OF OPERATIOHS /LOCATIONS/ VEHICLES (Attach ACORD 101, Addltlonal Rernarb lchedula, ff mora space 19 raqulrad) Proof of Insurance Workers Compensation and Employers' Uablilty: Any Proprietor/Partner/Executive OfflcerfMember, as listed on the policy, Is excluded. Re: The appllcable Insurance l1sted app!les to LA Leasing, Inc., (Sedona Staffing), employees aaslg~ by Ally Services, Inc. It is agreed that The City of Carisbad, its officials, employees and volunteers and Ally Services, Inc. are named as addltlonal Insureds, on a primary noo-conbibutory basis, as It pertains to general nablllty arising from negligence of Insured or Its employees performing scheduled work for certificate holder. See Attached ... ' CERTIFICATE HOLDER CANCELLATION J SHOULD AHY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN City of Garlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Julie Clark -Department of Human Resource 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 !)~!)J.~· I C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _S-"E_DOG __ R_0-0_1 _____________ _ LOC #: ______ _ ~R ADDITIONAL REMARKS SCHEDULE Page 1 of 1 -- -- AGENCY NAMB> INSURED Assurance Agency, Ltd. Sedona Staffing 600 35th Avenue POLICY NUMBER ' Moline IL 61265 CARRER I ~COOE El'FECT1\IE DATE: - ADDITIONAL REMARKS THIS ADDmONAL REMARKS FORM IS A SCHEDULE TO ACORD f'ORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE; OF LIABILITY INSURANCE A Warlef of Subrogation In favor of the Addltlonal Insureds applies to the Worker's Comp,ensatlon poncy and General Uablllty, when required by written contract. With respects to the Worker's Compensation Polley, an Alternate Employer Endorsement Is added, when required by written contract, In favor of Ally Services, Inc. · ' ~CORD 101 (2008/01) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PRA 5907876-05 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEA~E R,EAD IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the foUowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Organlzatlon(s) City of Carlsbad I - I Information required to complete this Sched\.lle, if not shown above, w111 be shown In the Declarations. Section II -Who Is An Insured Is amended to Include as an additional Insured , the person(s) or organlzatlon(s) shown In the Schedule, 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 those acting on your bel"\alf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 AMENDMENT NO. 2 TO AMEND AND EXTEND THE AGREEMENT FOR TEMPORARY STAFFING SERVICES ALLY SERVICES, INC., DBA SEDONA STAFFING SERVICES, A CALIFORNIA CORPORATION /fPt Ame~ment No. 2 is entered into and effective as of the ._3J. ~ day of G A C , 2017, amending and extending the agreement dated April 6, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Ally Services., DBA Sedona Staffing Services, a California Corporation ("Contractor") (collectively, the "Parties") for temporary staffing services. RECITALS A. On March 16, 2016, the Parties executed an Assignment and Assumption Agreement and Amendment No. 1 to the Agreement to extend and fund the agreement; and B. The Parties desire to alter the Agreement's scope of work to include a provision regarding CaiPERS employees as well as a provision for sick pay; and C. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year starting on April 7, 2017 and ending on April 6, 2018 and funded in an amount not to exceed one hundred thousand ($1 00,000) per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR ~ (stgn here) r:n t£ila l/bd!J/fft> (print nafneJtitle) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: (sign here) \~171'-~!Jm-- BARBARA ENGLESON By: City Clerk (print name/title) 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 Otherwise, 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 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES Contractor will provide qualified, Contract Workers on an "as needed basis" to do work under City's operational supervision. 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 shall provide Contract Workers capable, experienced and able to work with limited direct supervision. Contract Workers shall be required to 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. Payment for services require time card approved by City authorized personnel and must be submitted in 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 with holdings 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 a monthly usage report (due by the fifteenth of the month) detailing ordering information that includes but is not limited to: Contract Workers' name, start date, end date, department, total number of hours (regular and overtime) utilized by job description, billing rate, pay rate and the total hours billed to the City. The usage report should include all orders that have hours in the current fiscal year (July 1 -June 30). 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. 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. City Attorney Approved Version 1/30/13 3 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. The City may convert Contractor's Contract Workers to the City's payroll at no additional charge, once Contract Worker has been on assignment with the City for five hundred and twenty (520) hours. For Contract Worker's who complete between zero (0) and five-hundred and twenty (520) hours the conversion charge will equal the bill rate minus payrate multiplied by hours remaining on contract. Contractor and City shall negotiate in good faith and all negotiated terms must be guaranteed by the Contractor. The rate for direct hire is 20%. 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. Beginning April 1, 2017, Contractor will be allowed to mark up the Contract Worker's negotiated hourly pay rate based upon the fixed percentage markup rates listed below for each job category. Category Markup Rate CLERICAL/ADMIN 47% TECHNICAL 47% ACCOUNTING 47% HUMAN RESOURCES 47% LEGAL 47% MAINTENANCE 49% ACA ACA Obligations. For purposes of the Affordable Care Act ("ACA"), Contractor will treat all employees assigned to provide services for Client as common-law employees. 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"). If Contractor is required to increase wage and/or payroll burden costs at any time during the term of the Agreement as the direct result of any determination, order or action by any applicable federal, state or local governmental authority, including without limitation prevailing wage and benefit requirements, or in order to meet the ACA Obligations, Client will reimburse Contractor for any such increase or equitable adjustment. Sick Pay Sedona Staffing associates accrue State mandated Sick Pay and all associates who are eligible to receive Sick Pay while on assignment for the City of Carlsbad will be paid accordingly and billed to the City of Carlsbad. Eligibility Eligibility requires declination of CaiPERS membership on the attached form. City Attorney Approved Version 1/30/13 4 j\_CalPERS Dear Member/ California Public Employees' Retirement System P .0. Box 942709 Sacramento/ CA 94229-2709 888 CaiPERS (or 888-225-7377) TrY: (877) 249-7442 I Fax: (916) 795-4166 www.calpers.ca.gov Employer Account Management Division You are being provided with the background, explanation, and instructions for the Reciprocal Self-Certification Form (PERS-CASD 801). With the implementation of The Public Employees' Pension Reform Act of 2013 (PEPRA) on January 1, 2013, CaiPERS requires that employers determine the applicable retirement benefit formula for new employees. The Reciprocal Self-Certification form allows you to provide essential information to your employer and will be used by your employer to enroll you into CaiPERS membership. This information will assist in identifying your retirement benefit level1• Reciprocity among public retirement systems is to allow members to separate from one public employer and enter into employment with another public employer within a specific time limit without losing valuable retirement and related benefit rights. Within 10 business days of employment you must complete, sign, date, and submit to your employer the Reciprocal Self-Certification form. When completing the form, reference the attached list of qualifying Public Retirement Systems in California. If applicable, list your previous membership date(s) in the qualifying Public Retirement System and your permanent separation date(s); OR indicate that you are not a current or past member of a qualifying Public Retirement System. The completion of the Reciprocal Self-Certification Form does not establish reciprocity and is not a request to establish reciprocity. In order to request that reciprocity be established, visit the CaiPERS website, www.calpers.ca.gov and download the publication When You Change Retirement Systems. It is the responsibility of the employee to complete and send the form, Confirmation of Intent to Establish Reciprocity When Changing Retirement Systems to CaiPERS. Sincerely, Membership Management Section Enclosures: List of Qualifying Public Retirement Systems in California, Reciprocal Self-Certification form 1 A new member is defined in the Public Employees' Retirement law (PERL) under Government Code section 7522, the Public Employees' Pension Reform Act of 2013 (PEPRA), as any ofthe following: •A new hire who is brought into CaiPERS membership for the first time on or after January 1, 2013, who has no prior membership in any California Public Retirement System. • A new hire who is brought into CaiPERS membership for the first time on or after January 1, 2013, who has a break in service of greater than six months with another California Public Retirement System that is subject to Reciprocity. •A member who first established CaiPERS membership prior to January 11 2013, who is rehired by a different CaiPERS employer after a break in service of greater than six months. PERS-CASD-801 {6/16) Page 1 of4 List of Qualifying Public Retirement Systems in California ----·---:-----o·----·--~~o~·---·~~--~·~···-•-••·-·----~-·----"""""""~~~--~~"""" Name of County/Agency/System: Alameda County" City and County of San Francisco* City of Concord* City of Costa Mesa* City of Fresno City of Los Angeles City of Oakland City of Pasadena City of Sacramento* City of San Clemente* City of San Diego City of San Jose Contra Costa County" Contra Costa Water District County of San Luis Obispo East Bay Municipal Utility District East Bay Regional Park District Fresno County" Imperial County" Judges' Retirement System Kern County" Legislators' Retirement System Los Angeles County Metropolitan Transportation Authority Los Angeles County" Marin County" Mendocino County" Merced County" Orange County" Sacramento County" San Bernardino County" San Diego County" San Joaquin County" San Mateo County" Santa Barbara County}\ Sonoma County}\ Stanislaus County" State Teachers' Retirement System Tulare CountyA University of California Retirement System Ventura County/\ Qualification(s): <Safety Employees only Miscellaneous and Safety Retirement systems Non-Safety only Non-Safety only Fire and Police Only Non-Safety only Safety Employees only Non-Contract Employees' Retirement Income Plan, formerly Southern California Rapid Transit District *=Also CaiPERS-covered agency "=1937 Act Counties PERS-CASD-801 (6/16) Page 2 of4 ~~CalPERS California Public Employees' Retirement System P.O. Box 942709 Sacramento, CA 94229-2709 888 CaiPERS (or 888-225-7377) ITY: {877) 249-7442 I Fax: {916) 795-4166 www.calpers.ca.gov RECIPROCAL SELF-CERTIFICATION FORM Complete the following information and return this form to your Personnel Office within 10 business days: Employee (Last) (First) (Middle) Name Social Security Number or CaiPERS ID Number: Check the applicable statement: I have not been a member of CaiPERS or of a qualifying Public Retirement System in California. I was a member of CaiPERS or a qualifying Public Retirement System in California and terminated my membership by withdrawing my funds. I am retired from CaiPERS. i am retired from another Public Retirement System in California. I am an active member of CaiPERS. I have funds on deposit with CaiPERS. I am an active member of another Public Retirement System in California. (Complete the box below). Name of Most Recent Reciprocal System: Membership Date: Separation Date: Name of Prior Reciprocal System: Membership Date: Separation Date: Name of Prior Reciprocal System: Membership Date: Separation Date: I understand that by accepting employment in a specific retirement system, I am subject to the applicable laws and regulations of that system. i also understand that completing this form does not constitute a request to establish reciprocity. I must complete and return the form Confirmation of Intent to Establish Reciprocity When Changing Retirement Systems to CaiPERS. I hereby certify that the foregoing information is true and correct and any information found to be incorrect may require corrections to my account in the California Public Employees' Retirement System including, but not limited to, my date of membership. CaiPERS may make any necessary corrections to my account to ensure I am properly enrolled and eligible to receive the correct retirement benefits. Employee Signature TO BE COMPLETED BY EMPLOYER ONLY: Name of CaiPERS Agency: Designee of Employer: (Print Name) Designee's Signature: Date CaiPERS Business Partner ID: Employees' CaiPERS Original Hire Date: (Title) Employees' CaiPERS Membership Eligibility Date: (Date) The employer must retain this form in the employee's file for auditing purposes. PER5-CASD-801 (6/16) Page 3 of 4 RECIPROCAL SELF-CERTIFICATION FORM INSTRUCTIONS (EMPLOYER) 1. Employers must provide the Reciprocal Self-Certification Form to all employees upon hire. 2. Employers must sign and date the Reciprocal Self-Certification Form. 3. The employer will enroll the employee into my I CaiPERS utilizing the information provided on the Reciprocal Self-Certification Form. If the employee indicates they are an active member of a qualifying Public Retirement System in California, be sure to complete the data fields in the Reciprocity panel in myjCaiPERS. (!) Reciprocity Reciprocity Reciprocal Member @Yes Indicator: 0 No Reciprocal Agency:~ r---------------v---,1 Reciprocal Membership DateQ! ~;;::::::::1=·;_;·:;T·J .... ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;ii;;... __ _ Retired Reciprocal Member ()Yes Enter membership date Indicator: o No with tlrst quallfylns Reciprocal Permanent Lr---------,l··-~ reciprocal system. Separation Date: '----------' ~~ 4. The proper retirement benefit formula will be automatically determined by my I CaiPERS. If you believe the retirement benefit formula is incorrect, you may contact CaiPERS at 1-888-225-7377. 5. It is the responsibility of the employer to retain the completed Reciprocal Self-Certification Form in the employee's employment records for auditing purposes. You do not need to send a copy of the form to CaiPERS. PERS-CASD-801 (6/16) Page 4 of4 Privacy Notice The privacy of personal information is of the utmost importance to CaiPERS. The following information is provided to you in compliance with the Information Practices Act of 1977 and the Federal Privacy Act of 1974. Information Purpose The information requested is collected pursuant to the Government Code (sections 20000 et seq.) and will be used for administration of Board duties under the Retirement Law, the Social Security Act, and the Public Employees' Medical and Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to comply may result in CaiPERS being unable to perform its functions regarding your status. Please do not include information that is not requested. Social Security Numbers Social Security numbers are collected on a mandatory and voluntary basis. If this is CaiPERS' first request for disclosure of your Social Security number, then disclosure is mandatory. If your Social Security number has already been provided, disclosure is voluntary. Due to the use of Social Security numbers by other agencies for identification purposes, we may be unable to verify eligibility for benefits without the number. ~\CalPERS Social Security numbers are used for the following purposes: 1. Enrollee identification 2. Payroll deduction/state contributions 3. Billing of contracting agencies for employee/ employer contributions 4. Reports to CaiPERS and other state agencies 5. Coordination of benefits among carriers 6. Resolving member appeals, complaints, or grievances with health plan carriers Information Disclosure Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with current statutes regarding confidentiality. Your Rights You have the right to review your membership files maintained by the System. For questions about this notice, our Privacy Policy, or your rights, please write to the CaiPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811 or call us at 888 CaiPERS (or 888-225-7377). May 2016 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR TEMPORARY STAFFING SERVICES THIS ASSIGNMENT AND ASSUMPTION A~REEMENT ("Assignment Agreement") and Amendment No. 1 is made and entered into this I (~ay of~.)'\( V:::"\2016, extending the agreement dated April 6, 2015 (the "Agreement") by and between the CITY ~F CARLSBAD, a political subdivision of the State of California ("City"), Northwoods Lucky Stars, Inc. dba Sedona Staffing Services, a California corporation, ("Assignor") and Ally Services, Inc. dba Sedona Staffing Services, a California corporation, ("Assignee"), and is made with reference to the following facts: RECITALS A. On April 6, 2015, the City and Assignor entered into that certain Professional Services Agreement concerning temporary staffing services, (the "Agreement"). B. Paragraph 24 of the Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City. C. Assignor desires to assign its interest in the Agreement to Assignee. Further, Assignee desires to accept assignment of Assignor's interest in the Agreement and City consents to the assignment of the interest in the Agreement from Assignor to Assignee. D. The Parties desire to extend the Agreement for a period of one (1) year. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1. Assignment. Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the Agreement. 2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set forth in the Agreement. 3. City Consent. City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the Agreement to Assignee. 4. General Terms and Conditions. The following general terms and conditions shall apply to this Assignment Agreement. 4.1 Hold Harmless. In addition to the hold harmless provisions contained within the Agreement, and except as to the sole negligence, or willful misconduct of City, Assignee shall defend, indemnify and hold the City, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney's fees, which arises out of or is in any way connected with this Assignment Agreement, notwithstanding that City may have benefitted from this Assignment Agreement. The hold harmless provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Assignee. CA 4/1/13 The parties expressly agree that this section shall survive the expiration or early termination of this Agreement. 4.2. Counterparts. This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 4.3. Successors and Assigns. It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City. 4.4. Governing Law. This Assignment Agreement shall be governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of California. 4.5. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shalt be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 4.6. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City: Assignor: Assignee: City Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Naomi Olson 2792 Gateway Rd #1 01 Carlsbad, CA 92009 Karen Hanna 2792 Gateway Rd #1 01 Carlsbad, CA 92009 4.7. Nondiscrimination. During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination. 4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and warrant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof. 4.9 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable. In the event any 2 CA 4/1/13 provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect. 4.10 Effective Date. This Assignment Agreement shall be effective upon the date and year first above written. 5. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on April 6, 2017 and funded in an amount not to exceed $100,000 per agreement year. 6. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II II II II II 3 CA 4/1113 AGREEMENT FOR TEMPORARY STAFFING SERVICES NORTH WOODS LUCKY STARS, INC. DBA SEDONA STAFFING SERVICES THIS AGREEMENT is made and entered into as of the day of Ap)rCJt^ 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Northwoods Lucky Stars, Inc. dba Sedona Staffing Services, a California 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed One Hundred Thousand dollars ($100,000) per Agreement year. Extensions will be based upon a satisfactory review of CJontractor's performance. City needs, and appropriation of funds by the City Council. 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 ofthe 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 shall not exceed One Hundred Thousand dollars ($100,000) and shall include all fees and other compensation of both Contractor, and temporary personnel assigned to fulfill the City assignment (temporary personnel hereinafter referred to as the "Contract Worker"), combined as further stated in Section 6 below and as outlined in Exhibit "A" attached hereto and incorporated herein. City Attorney Approved Version 1/30/13 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's ovwi way as an independent contractor and in pursuit of Contractor's independent caiiing, and not as an employee of City. Contractor wHI be under control of City only as to the resuft to be accomplished, but will consult with City as necessary. The Contract Worker(s) used by Contractor to provide sen/ices under this Agreement will not be considered employees of the City by either party to this Agreement fbr any purposes. The payment made to Contraclor pursuant to the Agreement will be the full and complete compensation to which Contractor and any Contract Worker(s) is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees. Contract Workers, or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its empioyees. Contract Workers, 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. Contract Worker, or subcontractor of Contractor fbr work done under this Agreement. At the City's elecBon. City may deduct the indemnification amount from any balance owir^ to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Senrices without prior written approval of City. If Contractor subcontracts any of the Sen/ices. Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directiy or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directiy employed by Contractor. Nothing contained in ttiis 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 Vne terms of this Agreement applicable to Contractor's wori< unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves ttie right to employ other ConbBCtors in connection with ttie Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless tiie City and its officers, offidals, empioyees and volunteers from and against all claims, damages, losses and expenses including attomeys fees arising out of tiie performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contiactor, any subcontractor, anyone directiy or indirectiy employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attomey's fee. costs or expense City incurs or makes to or on behalf of an injured employee under tiie City's self-administered woricers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive tiie expiration or eariy termination of this Agre«nent. 10. INSURANCE ^ ^ „ Contractor wiH obtain and maintain for the duration of ttie Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property whteh may arise out of or in connection witti perfonnance of ttie sen/ices by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and auttiorized to do business in ttie State of Califomia. The City Atiomay Approved Version 1730/13 insurance carrier is requred to have a current Best's Key Rating of not less ttian "A-:VII". OR witii a surfAus line insurer on ttie State of CaHfornia's List of Eligible Surplus Line Insurers (LESLI) witti a rating in tiie latest Best's Key Rating Guide of at least "AX". 10.1 Coverages and Limits. Contiactor wlH maintain the types of coverages and minimum Hmits indicated below, untess Risk Manager or City IManager 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 ttiat ttie limits of ttie insurance specified to be canied by Contractor pursuant to ttiis Agreement are adequate to protect Comractor. If ContraK^tor believes that any required insurance coverage is inadequate. Contractor will obtain such additionai insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined singte-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to ttie wori( under this Agreement or ttie general a^regate wiH be Moe the required per occurrence limit. 10.1.2 Automobile Liabilttv. (if ttie use of an automobile is involved for Contractor's woric for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Woricers' Compensation and Employer's Liabilitv. Woricers' Compensation limits as required by tiie Caiifomia Labor Code. V\toricerB' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating tNs. 10.1.4 Professional LiablHtv. Errors and omissions liability appropriate to Contractor's profession witti limits of not less tiian $1,000,000 per claim. Coverage must be maintained for a period of five years foiiowing ttie date of completion of the woric. I I If box is cocked, Professional Liability city's initials Contractor's irAiais Insurance requirement is waived. 10.2. Additional Provisions. Contiactor will ensure ttiat tiie policies of insurance required under this Agreement contain, or are endorsed to contain, the foHowing provisions: 10.2.1 The City wiii be named as an additionai insured on Commerciai General Uability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which wili be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of tiie Agreement and any extensions of it and will not be canceled without ttiirty (30) days prior written notice to City sent by certified maH pursuant to ttie Notice provisions of ttiis Agreement 10.3 Providino Certificates of Insurance and Endorsements. Prior to City's execution of ttiis Agreement, Contractor will fumish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contiactor fails to maintain any of these insurance coverages, then City wiH have the option to declare Contractor in breach, or may purdiase City Attomey Approved Version 1/3(V13 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 anytime, complete and certified copies of any or all required insurance policies and endorsements. 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 incun-ed 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 Workers and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contract Workers 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Julie Clark Title Human Resources Director Department Human Resources For Contractor Name //^^/VJ Title City of Carisbad Address 1635 Faraday Ave. Address 9Z AT<tlA}A.^ jji ^idl Phone No. 7 (fO-Ll^i-\T6^ Email Phone No. 760-602-240 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. City Attomey Approved Version 1/30/13 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 four categories. 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 fonwarded 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 ofthe 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 ofthe 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. City Attorney Approved Version 1/30/13 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 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 othenA/ise 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 ofthe 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. JURISDICTIONS 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. City Attorney Approved Version 1/30/13 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 temis and conditions of this Agreement. CONTRACTOR By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ^^>^^ty Manager op-Mayor or Divioion CtoectQf as authorized by the City Manager Kathryn B. Dodson ATTEST: 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 Otherwise, 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: CELIA A. BREWER, City Attorney Assistant City Attori City Attomey Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Contractor wHI provide qualified. Contract Woricers on an "as needed basis* to do woric under City's operational supervision. Contiactor shaH respond to City's request for Contract Woricers in a timely manner. City will specify ttie sen/ices required, ttie shift hours, and ttie expected duration of the assignment. City will comply witti State and Federal Wage and Hour Law. Contiactor shall provide Contract Woricers capabte. experienced and able to woric witti limited direct supervision. Contract Woricers shaH be required to follow all City rules, including: - No smoking in work area. - Presenting positive identification on first day of assignment when reporting for duty. - Interacting cordiaUy vwth City personnel. - Responding professionally to City supervisory personnel and customers. - Paricing in assigned locations. • Foiiowing ottier City mles, polides and procedures as required. Payment for services require time card approved by City autiiorized personnel and must be submitted in all inclusive houriy basis: invoice wiH specify number of hours achjaily woriced multiplied by agreed upon blH rate. Cify shall not be liabte or responsibte for any federal, state or local taxes or wittihoklings for any Contract Woricer used under this Agreement. Contractor shall submit invoices no more frequentiy ttian weekly directiy to designated department. The City shalt process the claim for prompt payment. Contractor shall fumish ttie City a monttily usage report (due by ttie fifteenth of ttie montti) detainng ordering infonnation ttiat includes but is not limited to: Contiact Woricers' name, start date, end date, department, total number of hours (regular and overtime) utilized by job description. biHing rate, pay rate and the total hours billed to ttie City. The usage report shouid Include all orders ttiat have hours in the current fiscal year (July 1 - June 30). Contiactor shaH not provide non contaac^ed temporary personnel without the proper approval and changes flpom the City. The only sen/ices authorized are those services specifically requested by City and agreed to by ttie Parties. By providing the Services, Contiactor is certifying the Services provided are in accordance witti this Agreement's temns and conditions. Cify resen/es the right to deny payment of any temporary personnel services not autiiorized under this Agreement. The resulting product of tills solicitation shaU be considered woric made for hire. Cify, pursuant to this Agreement wiH own aH products/copyrights produced/made under tills Agreement. In tiie event ttiat a deliverabte does not automaticaUy vest in ttie Cify, Contractor and Contiact Woricer ShaH. wittiout any additional compensation or payment due. execute any and all appropriate documents to assign or otherwise transfer the copyright or ottier InteHectuai property rights to Cify. Contractor shall be responsible for notifying tiie Cify of fitness for dufy statijs of Contiact Woricers and for any ottier Department of Healtti notification requirements. City Attomey Approved Version 1/30/13 During tiie course of this Agreement, the Cify shaH provide adequate woric space for Contiact Worker and such otiier related facilities as may be required by Contract Woricer to carry out its obHgation enumerated herein. The Cify may convert Contractor's Contiact Woricers to the Cify's payroll at no additional charge, once Contract Woricer has been on ass^nment with the Cify for five hundred and twenfy (520) hours. For Contract Woricer's who complete between zero (0) and five-hundred and twenfy (520) hours the conversion charge wiH equal the blH rate mUm payrate multiplied by hours remaining on contiact. Contractor and Cify shaH negotiate in good faith and alt negotiated temns must be guaranteed by the Contiactor. The rate for direct hire is 20%. Contract Woricer's hourly pay rate vtrill be negotiated on an indivkluat basis prior to the start of assignment: and will be based upon the Contiact Woricer's category houriy rate range and wiH be dependent upon skill level and job requirements. Contiactor will be allowed to marie up the Contiact Woricer's negotiated houriy pay rate based upon the fixed percentage maricup rates Ksted beiow for eadi job category. Category Markup Rate CLERICAUADMIN 45% TECHNICAL 45% ACCOUNTING 45% HUMAN RESOURCES 45% LEGAL 45% MAINTENANCE 47% ACA ACA Obligations. For purposes of the Affordabte Care Act ("ACA"). Contiactor will treat aH employees assigned to provkle sendees for Client as common-law emptoyees. Contractor vM comply witii its obligations as the empioyer under the ACA. including without Hmitation tiie obligation to make employer shared responsibilify payments as required thereunder (the "ACA Obfigations'').lf Contiactor is recjuired to increase wage and/or payroH burden costs at any time during the term the Agreement as tiie direct result of any determination, order or action by any applicatile federal, stete or local govemmentsrt authorify, including witiiout limitation prevaOing wage and benefit requiremente. or in order to meet tiie ACA Obligations, CItent wHI reimburse Contiactor for any such increase or equitable adjustinent. City Attomey Approved Version 1/30/13 Donna Heraty From: Donna Heraty Sent: Monday, April 06, 2015 11:57 AM To: 'nolson@sedonagroup.com' Cc: Rebecca Melillo; Shelley Collins; Sherry Freisinger Subject: Form 700 - Conflict of Interest Dear Consultant: Regarding your agreement with the City of Carlsbad for temporary staffing services - // your agreement states: 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 interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carisbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 I Shellev.Collins@carlsbadca.gov Connectjiv/t/; ws Facebook | Twitter | You Tube | Flickr j Pinterest | Enews