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HomeMy WebLinkAboutCathyjon Enterprises Inc dba HB Staffing; 2024-05-21; HR2404HR2404 Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR TEMPORARY STAFFING SERVICES CATHYJON ENTERPRISES, INC. DBA HB STAFFING THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Cathyjon Enterprises, Inc. dba HB Staffing, a corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in temporary employment staffing. B. Contractor has the necessary experience in providing professional services and advice related to temporary employment staffing. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) year(s) from the date first above written. 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 Agreement term shall not exceed one hundred thousand dollars ($100,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 May 21st HR2404 Page 2 City Attorney Approved Version 12/22/2023 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 persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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, DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 Page 3 City Attorney Approved Version 12/22/2023 employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 Page 4 City Attorney Approved Version 12/22/2023 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Paul Ho Name Megan Ignacio Title Human Resources Manager Title General Manager Dept Human Resources Address 7711 Center Ave, Suite 670 CITY OF CARLSBAD HUNTINGTON BEACH, CA 92647 Address 1635 Faraday Ave Phone 657-660-4116 Carlsbad CA 92008 Email mignacio@hbstaffing.com Phone 760-621-1223 Paul.ho@carlsbadca.gov DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 5 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 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. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 6 the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. 22. 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 7 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. 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. 26. 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. This Agreement may be executed in counterparts. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 8 27. 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. Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Cathyjon Enterprises, Inc. dba HB Staffing, a corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager Jonathan Davis, Vice President jdavis@arraycorp.com ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk Andy Rankin, Secretary andy@arraycorp.com 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 May14th HR2404 City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor will provide qualified Contract Workers on an "as needed basis." Contractor shall respond to City's request for Contract Workers in a timely manner. City will specify the services required, the shift hours, and the expected duration of the assignment. City will comply with State and Federal Wage and Hour Law. Contractor will provide City with the resume and social security number of qualified Contract Worker prior to City agreeing to start the assignment. City will verify that Contract Worker is not a CalPERS member prior to approving Contract Worker’s assignment. Contractor will provide utilization reports monthly that show each temporary employee’s hours worked in the current fiscal year (July 1 – June 30) as well as total hours worked for the City. Pay rates and bill rates will be included in these reports. Contractor will notify City within 2 business days of the date that a Contract Worker reaches a total of 900 hours (regular and overtime) worked for City in a fiscal year (July 1 – June 30). City and Contractor will then determine the assignment end date so that a Contract Worker does not work more than 1,000 hours while assigned to City in a fiscal year. Contractor shall provide Contract Workers capable, experienced and able to work with limited direct supervision. Contract Workers shall follow all City rules, including: • No smoking in work area. • Presenting positive identification on first day of assignment when reporting for duty. • Interacting cordially with City personnel. • Responding professionally to City supervisory personnel and customers. • Parking in assigned locations. • Following other City rules, policies and procedures as required. Temporary Staff Applicant Screening and Testing Procedures Contractor will source, contact and qualify each potential candidate per City requirements. Each candidate will be carefully screened before being presented to the City for consideration. Contractor will not refer candidates who are members of CalPERS. Candidates are selected for consideration based on resume qualifications and confirmation of interest. City may conduct additional reference and background checking activities if City so desires. Contractor agrees that City may enroll Contract Workers into the DOJ Livescan database so that City is notified of any criminal or driving infractions that occur while Contract Workers are assigned to City. Contractor will provide the candidate with the City’s form and instruct them on how to proceed with completing the form. City will unenroll Contract Workers from this database after Contract Workers are no longer assigned to City. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 10 Special Requirements When Placing Non-Commercial Drivers For City staffing needs that require a temporary worker to drive either the temporary worker's own vehicle or a City vehicle in the performance of the temporary worker's duties at the City, Contractor shall ensure that these temporary worker(s) who are assigned to the City will have and possess a valid California Driver's License. Additionally, depending on the work assignment and at City request, 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 employer to obtain the driving record ("Driving Record") in printout form of its temporary workers. In such case, 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 temporary worker shall be eligible for mileage reimbursement when they drive their own vehicle while performing work for the City. Response Time Guarantee DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 • Within 15 -60 minutes: Our PM will acknowledge and review the job order with the City's hiring manager, clarifying the 'Must Have' & 'Nice to Have' candidate competencies and experience; important job or work environment details; and start/finish timelines. These details are entered into our software system and become immediately available to our recruiting team. Our PM will ~ the database for vetted candidates/applicants that match the City's qualifications, indicating if we have a qualified worker(s) within our system or if we will recruit to present candidates. • Within 24 -48 hours: This is the typical timeframe to fill general services.I. depending on the needs of the City and whether or not the City wishes to review resumes and set up an interview schedule. Candidates will be identified, engaged, interviewed, qualified, vetted, and prepared to interview with the City. • Within 2 - 5 days: This is the approximate timeframe to fill non-standard service requests. HR2404 City Attorney Approved Version 12/22/2023 Page 11 DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 Quality Assurance 1. First Day of Assignment -On the first day of the assignment, a member of the Recruitment Team will follow up with the City's hiring manager and our HB Staffing temporary employee to ensure everything proceeds smoothly. 2. Employee Quality Assurance Phone Calls -Our Recruitment Team makes 'quality assurance' phone calls to the employees to ensure that they are satisfied and productive. During these calls, our team will verify that job progress is per the City's requirements. 3. Quality Assurance Phone Calls -Our Project Manager or Account Manager will make 'quality assurance' phone calls to the City (as permitted) to ensure that job progress is positive. We have a proactive approach when it comes to concerns. Whenever tne City expresses a concern. we counsel our employees immediately, log this into their records, and provide ongoing support and follow-up with the City to quickly resolve the problem. 4. Quality Assurance Meetings -Our team will meet with the City on a semi-annual to annual basis (or as often as agreed upon) to ensure ongoing satisfaction. We will work with the City to set internal goals that meet project standards, assess management strategies, and suggest ideas to potentially improve the City project outcome. 5. Service Disruption Prevention Processes -In the event that any personnel placed by HB Staffing must be released for any reason, as per the City's request, we will not charge the City for the temporary employee·s first four (4) hours of employment. After consulting with the City, we will replace the employee immediately with a qualified, vetted substitute utilizing our 'Two on the Bench" p:>licy - for every qualified candidate we place, we have two vetted, equally qualified temporary employees on standby, ready to hit the ground running. We have a proactive approach when it comes to clienUemployee concerns, with poi cies and protocols in place for employee call-outs, no-shows, and behavior/performance issues. We shall reach out to HR or the Department manager to see if a substitute can temporarily fill a role using our "Two on the Bench" policy. HR2404 City Attorney Approved Version 12/22/2023 Page 12 Ending a Temporary Assignment Contractor’s insurance policy includes coverage for theft and other liability. Invoices and Reports Contractor provides detailed invoices via email. Payment is due upon receipt but Contractor accepts net 30 terms for government accounts on request. Payment for services require a timecard approved by City authorized personnel and must be submitted in an all-inclusive hourly basis; invoice will specify number of hours actually worked multiplied by agreed upon bill rate. City shall not be liable or responsible for any federal, state or local taxes or withholdings for any Contract Worker used under this Agreement. Contractor shall provide the City (Human Resources Department) with a utilization report, monthly and upon City’s request, detailing ordering information for all Contract Workers assigned to City that includes but is not limited to: Contract Workers’ names, start dates, end dates, departments, job titles, billing rates, pay rates and total number of hours (regular and overtime) each Contract Worker worked within the current fiscal year (July 1 - June 30). 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 DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 Procedure for Ending a Temporary Work Assignment -End of assignment procedures are included in HB Staffing's customized orientation. We make sure the temp is informed of the final work day and returns any City-issued badge, equipment, and or keys to the City-appointed contact prior to leaving the worksite. Lastly, we submit an invoice to the City for the employee's remaining hours and ensure the employee is paid remaining wages on the Friday following the week worked. Service Disruption Prevention Processes -In the event that any personnel placed by HB Staffing must be released for any reason, we will not charge the City for the temporary employee's first four (4) hours of employment. After consulting with the City, we will replace the employee immediately with a qualified, vetted substitute utilizing our "Two on the Bench" policy -for every qualified candidate we place, we have two vetted, equally qualified temporary employees on standby, ready to hit the ground running. We have a proactive approach when it comes to clienVemployee concerns, with policies and protocols in place for employee call-outs, no-shows, and behavior/performance issues. We shall reach out to HR or the Department manager to see if a substitute can temporarily fill a role using our 'Two on the Bench" policy. If employment is suddenly terminated, the following options apply: • The City will conduct the termination to ensure the property remains on site. • HB Staffing contacts the employee after the close of business to terminate the assignment and arrange to collect the City's property. Our goal is to prevent our employees from going back to work for any reason once the assignment has ended. • HB Staffing contacts our employee just before the close of business while our employee is still on-site and can return the City's property. HR2404 City Attorney Approved Version 12/22/2023 Page 13 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. 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. Fees Contract Worker's hourly pay rate will be negotiated on an individual basis prior to the start of assignment; and will be based upon the Contract Worker's category hourly rate range and will be dependent upon skill level and job requirements. Bill Rates/mark-up Percentage Fee Rates by Job Category  Administrative 44%  Information Technology and other professional 44%  Human Resources 44%  Finance 44%  Custodial 58%  Skilled Labor/Maintenance 58% Temp-to-hire or “buy out” conversion hours are customized based on the volume of placements projected. City can convert a temporary employee to its payroll for no fee after 640 hours of service or, if less than 640 hours, according to the calculations set forth below: 1 to 160 hours = 20% 161 to 320 hours = 15% 321 to 480 hours = 10% 481 to 640 hours = 5% 641 hours – City may convert with no fee City would track said hours and notify Contractor of the desired date to hire/convert. City cannot hire a temporary employee within 365 days of said referral without an express written waiver by Contractor or completion of the 640-work hour conversion period. If this agreement were breached by City, City would pay Contractor a fee of 20% of the employee's 1st year’s annual base salary as a direct- hire fee. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 HR2404 City Attorney Approved Version 12/22/2023 Page 14 Since City uses Livescan, there would be no additional charges for background checks unless out-of-the- ordinary services are requested. Sick Pay Contractor will comply with California State law regarding accruing paid sick days for all qualifying assigned Contract Workers. As Contract Workers assigned to City actually take accrued sick time off, Contractor will bill City for the accrued sick time taken. Only accrued sick time earned at City will be billed (not all sick time taken). ACA ACA Obligations. For purposes of the Affordable Care Act ("ACA"), Contractor will treat all Contract Workers assigned to provide services for City as common-law employees of Contractor. Contractor will comply with its obligations as the employer under the ACA, including without limitation the obligation to make employer shared responsibility payments as required thereunder (the "ACA Obligations"). DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 4/16/2024 CAC Specialty8400 Belleview Dr. #105 Plano, TX 75024 205-414-8100 www.cacspecialty.com Crystal Wellborn Crystal Wellborn crystal.wellborn@cacspecialty.com CathyJon Enterprises Inc. DBA HB Staffing 7711 Center Avenue, Suite670 Huntington Beach CA 92647 79541161 3 30/10 day notice of cancellation is provided within the policies. City of Carlsbad 1635 Farday Ave Carslbad CA 92008 The City of Carlsbad California are additional insured as per terms and conditions of the General Liability policy, as required by written contract. 1,000,000 200,000 10,000 1,000,000 3,000,000 3,000,000 1,000,000Abuse or Molestation 1,000,000 1,000,000 1,000,000 1,000,000 A 91ML002518241 3/1/2024 3/1/2025 3 Limits: $1M Occ/$5M Agg3Professional Liab (Ded: $5K) Limits: $1M Occ/$2M Agg3Emp Practices Liab (Ded: $25K) 3 Fire Legal Liability 3 Limits: $200,000 A 91ML002518241 3/1/2024 3/1/2025 3 Alternate Employer Endt included 3 C KEY0145812 1/1/2025 1/1/2026 3KEY0162432 (CA) N Everest National Insurance Company 10120 StarNet Insurance Company 40045 79541161 | 24-25 CathyJon Ent | Crystal Wellborn | 4/16/2024 2:21:01 PM (CDT) | Page 1 of 2 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3 ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(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 behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Any person(s) or organization(s) who you are required by contract or agreement to name as additional insured (s) on this policy as per the terms of this endorsement. 91ML002518241 79541161 | 24-25 CathyJon Ent | Crystal Wellborn | 4/16/2024 2:21:01 PM (CDT) | Page 2 of 2 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: 6D0DB989-C502-4CBB-9AB2-BC5FA7AB9CB3