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HomeMy WebLinkAbout2015-03-24; City Council; 21902; Temporary Agency Contract CPM Ltd dba ManpowerCITY OF CARLSBAD - AGENDA BILL AB# 21,902 TEMPORARY EMPLOYMENT AGENCY DEPT. HEAD MTG. 03/24/2015 CONTRACT WITH CPM, LTD. D.B.A. MANPOWER TEMPORARY SERVICES CITY ATTY. DEPT. ASD-HR CONTRACT WITH CPM, LTD. D.B.A. MANPOWER TEMPORARY SERVICES CITY MGR. C RECOMMENDED ACTION: Adopt Resolution No. 2015-072 approving a contract with CPM, Ltd. d.b.a. Manpower Temporary Services. ITEM EXPLANATION: The City of Carlsbad centralizes the procurement of temporary employment services for the city by consolidating the use of approved agencies. This is done in order to monitor costs more effectively, and to ensure consistency of rates and services. Due to the expiration of current contracts, a Request for Proposal for temporary employment services was issued by the Human Resources Department. There were twelve responses and seven companies were interviewed. The scoring was based on best value services, and as a result, CPM, Ltd. d.b.a. Manpower Temporary Services is being recommended for contract services. In order to provide flexibility. Human Resources will establish two additional smaller contracts with other temporary service providers. The contract will be in effect for one year, and may be extended for three (3) additional one (1) year periods by the City Manager based on a review of satisfactory performance and not to exceed the amount appropriated in the current budget for temporary services. Temporary services are utilized and paid for on an as needed basis for limited or interim assignments. Typically the needs arise as a result of an urgent or critical vacancy or when specialized skills are necessary for a specific assignment. FISCAL IMPACT: The not to exceed amount for the contract is $250,000 per year. Funds for temporary employment services are included in individual departmental operating budgets. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require environmental review. DEPARTMENT CONTACT: Julie Clark 760-602-2438 Julie.clark(Scarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED V0^ • • • • CONTINUED TO DATE SPECIFIC • . CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Page 2 EXHIBITS: 1. Resolution No.^^l^I^^approving temporary employment agency contract 2. Agreement for Temporary Staffing Services CPM, LTD DBA Manpower Temporary Services, a Nevada Corporation EXHIBIT 1 1 RESOLUTION NO. 2015-072 2 A RESOLUTION OF THE CITY COUNCIL QF THE CITY QF CARLSBAD, CALIFORNIA, APPROVING AGREEMENT FQR TEMPORARY STAFFING SERVICES 13 14 15 16 17 28 3 4 „ WHEREAS, the City Council has determined that it is desirable and necessary to retain 5 ^ temporary employment agency services for use throughout the City. ^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 8 9 10 11 2. The City Council of the City of Carlsbad awards a one year contract in an amount not 12 to exceed $250,000.00 to CPM, Ltd. d.b.a Manpower Temporary Services. 3. That the Mayor ofthe City of Carlsbad is authorized to execute the contract with CPM, Ltd. d.b.a Manpower Temporary Services on behalf of the City of Carlsbad. 4. That funds are available in the departmental operating budgets. California, as follows: 1. That the above recitations are true and correct. // 18 // 19 // 20 21 22 23 24 // // // // 25 // 26 27 // // 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 24*'^ day of March, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Qty Clerk (SEAL) 4<?^:?^.^Po\ AGREEMENT FOR TEMPORARY STAFFING SERVICES CPM, LTD DBA MANPOWER TEMPORARY SERVICES, A NEVADA CORPORATION THIS AGREEMENT is made and entered into as of the ^S"^ day of Alr^t roA , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and CPM, LTD dba Manpower Temporary Services, a Nevada 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 two hundred fifty thousand dollars ($250,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor'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 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 shall not exceed two hundred fifty thousand dollars ($250,000) and shall include all fees and other compensation of both Contractor and temporary personnel assigned to fulfill the City assignments (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 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 necessary. The Contract Worker(s) 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 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 or subcontractors. City will not be required to pay any workers' compensation insurance, health insurance or unemployment contributions on behalf of Contractor or its employees, 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 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 City Attorney Approved Version 1/30/13 insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-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 the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. 10.1.4 Professional Liabilitv. 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 City Attorney Approved Version 1/30/13 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 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Julie Clark Name Title Human Resources Director Title Department Human Resources Address City of Carlsbad Address 1635 Faraday Ave. Phone No. Carlsbad, CA 92008 Email ^^,r-^G /w^^y^jr^^/^^ -sA cU>hA Phone No. 760-602-2440 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 City Attorney Approved Version 1/30/13 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 COMPUANCE 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 othenwise 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 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. 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 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 seg.. 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 terms and conditions of this Agreement. / / / CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By (sign here) (print name/title) (print name/title) By: Mayor ATTEST: ^RBARA ENGLESO 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 Attorne City Attorney Approved Version 1/30/13 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 ofthe 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 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 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 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 underthis agreement. For City staffing needs that require a temporary worker to drive either the temporary'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 (DMV) Driver License Pull Notice ("Pull Notice") program that allows an employerto obtain the driving record ("Driving Record") in printout form of its temporary workers. At a minimum. Contractor shall request the following information from the DMV Pull Notice for each temporary worker assigned to the City: Status and Record (Processed by DL/ID 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. City Attorney Approved Version 1/30/13 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 DMV 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. Direct Hire Fee Schedule is as follows: Direct Hire Fee Schedule - Clerical/ Maintenance/ Custodial Time On Assignment Fee Schedule 0 -130 hours 15%of annual gross compensation 131 - 260 hours 12% of annual gross compensation 261 - 390 Hours 9% of annual gross Compensation 391 - 520 Hours 6% of annual gross Compensation 521+ hours No Transfer Fee Direct Hire Fee Schedule - Professional/ Technical Time On Assignment Fee Schedule 0 -200 hours 20%of annual gross compensation 201 - 400 hours 15% of annual gross compensation 401 - 600 Hours 10% of annual gross Compensation 601 - 800 Hours 5% of annual gross Compensation 801+ hours No Transfer Fee 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. City Attorney Approved Version 1/30/13 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. 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. Full Service Hourly Pa _-.-_dKHi IIIIIIIIIINIIIIIIIIII Clerical $13 - $30/hr 48% Maintenance/ Custodial $10 - $30/hr 53.75% Human Resources $15 - $40/hr 48% Technical $20--$100/hr 51% Legal $20 - $50/hr 48% Accounting $18 - $60/hr 48% * Includes ACA Recruitment Process Outsourcing Services Contract Recruiter and/or Sourcer Option- Recruit and identify a results oriented recruiter and/or sourcer to generate qualified leads to be presented to the City of Carlsbad. The contractor can be housed at the City offices, Manpower office or work remotely from their home. Resources necessary for all recruitment activities, including posting and retrieval access to job boards, to be provided by the City of Carlsbad. Contractor will report to the designated City of Carlsbad supervisor. Goals and deliverables to be determined by the City of Carlsbad and contractor. All performance measurements to be completed by the City of Carlsbad supervisor in collaboration with Manpower. Hourly Rate- Technical Recruiter $50.00 per hour Hourly Rate - General Recruiter $37.50 per hour Hourly Rate - Sourcer $31.25 per hour Sick Pay Effective July 1, 2015 per the State of California Healthy Workplaces, Healthy Families Act of 2014, Manpower will begin accruing up to (3) employer paid sick days per year for all qualifying assigned Staff. As Manpower temporary employees assigned to the City of Carlsbad actually take accrued sick time, Manpower will bill the City of Carlsbad for the accrued sick time taken. Only accrued sick time earned at the City of Carlsbad will be billed (not all sick time taken). ACA ACA Obligations. For purposes ofthe Affordable Care Act ("ACA"), Manpower will treat all employees assigned to provide services for Client as common-law employees of Manpower. Manpower will comply with its obligations as the employer under the ACA, including without limitation the obligation to make employer shared responsibility payments as required City Attorney Approved Version 1/30/13 10 i4 thereunder (the "ACA Obligations").If Manpower 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 Manpower for any such increase or equitable adjustment. City Attorney Approved Version 1 /30/13 lb