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HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-19 SMAGENDA ITEM Con ILI CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Amend Professional Services Agreement with Adecco Staffing Services, of Stockton, to Add Laboratory Technician ($17,000) MEETING DATE: June 17, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt Resolution Authorizing City Manager to amend Professional Services Agreement with Adecco Staffing Services, of Stockton, to add Laboratory Technician, in the amount of $17,000. BACKGROUND INFORMATION: White Slough Water Pollution Control Facility needs to hire a temporary laboratory technician from Adecco Staffing Services to replace the City's laboratory technician that is out on disability leave. The temporary laboratory technician will work twenty hours per week for up to 40 weeks. Adecco Staffing Services charges $22.42 per hour to provide the temporary worker that is paid $15.00 per hour by Adecco. FISCAL IMPACT: Costs are offset by the salary savings of the worker on disability leave. FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003) Jordan Ayers Deputy City Manager/Internal Services Director F. Wally ndelin Public Works Director Prepared by Karen D Honer, Wastewater Plant Superintendent FWS/KDH/kjc 6/4/2015 \\CVCFILV02\PubWks$\WP\COUNCIL\2015\CC# Adecco Personnel Services_.doc AMENDMENT NO. 1 ADECCO USA, INC. Temporary Clerical and Information Technical (IT) Support Professional Services Agreement THIS CONTRACT AMENDMENT AGREEMENT NO. 1, made and entered into this day of , 2015, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and ADECCO USA INC., hereinafter called "Contractor." 1. CONTRACT: Contractor and City, entered into a Professional Services Agreement for Temporary Clerical and Information Technical (IT) Support on July 9, 2013. 2, ADDITIONAL TASKS: Contractor and City now agree for Contractor to provide a Laboratory Technician for the White Slough Water Pollution Control Facility, as set forth in the Proposal, attached hereto as Exhibit A. 2. TERM AND TERMS: All other terms will remain as set forth in the Professional Services Agreement attached as Exhibit 1 and made a part hereof as though fully set forth herein. 3. COMPENSATION: Contractor's compensation for this Contract Amendment No. 1 shall not exceed $17,000. IN WITNESS WHEREOF, City and Contractor have executed Contract Amendment Agreement No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation ADECCO USA INC. hereinabove called "City" hereinabove called "Contractor" STEPHEN SCHWABAUER, City Manager Attest: JENNIFER M. FERRAIOLO, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney e , Name: Title: beller work beller life PRICING AGREEMENT Exhibit A Confidentiality Personal data submitted by Adecco Medical & Science Staffing, Inc. regarding its associate employees and candidates is highly confidential and for the Client's personnel use only. Client Name (Report to): City of Lodi Address: 1331 S Ham Lane City: Lodi State: CA Zip: 95242 Contractor Name: Michon Bailey - Laboratory Technician Expected Start Date: 5-4-15 Supervisor: Karen Honer Assignment Location: White Slough Water Pollution Control Facility Hourly Billing Rate: 22.25 Overtime Billing Rate: 33.37 Invoice Mailing Address: 1331 S Ham lane Lodi, CA City: Lodi State: CA Zip: 95242 Attention To: Karen Honer Additional Terms and Conditions: Conversion/Transfer Fee 1-160 hrs %20 961-1440hrs %12 161-480hrs %17 1441-1921 %7 481-960 hrs %15 1921 or more free release The undersigned acknowledges receipt and acceptance of Adecco Medical & Science Staffing, Inc.'s Terms and Conditions. Client Name Signature of Client's Authorized Representative Title Printed Name Date Adecco Medical & Science Staffing, Inc Pricing Agreement I of 1 REV 08/2012 • L ■ bener work better life TERMS & CONDITIONS Staffing Services. Adecco Medical & Science Staffing, Inc. ("M&S") will recruit, interview, select and hire assigned employees ("Consultants") who, in M&S's judgment, possess the qualifications you request. M&S will pay Consultants weekly for time worked as submitted on time records verified and approved by your authorized representative. M&S shall report and pay the employer's share of state and federal taxes, workers' compensation, FICA, and unemployment insurance for compensation paid to them and will submit required tax withholdings. You acknowledge that M&S is not a health care provider, that it is a licensed staffing agency in the business of providing supplemental staffing to the medical and science industries, and you retain all professional and administrative responsibility for work performed by the Consultants. Guarantee. If for any reason you are dissatisfied with a Consultant's qualifications and notify M&S within the first 8 hours of the assignment, you will not be charged for the hours worked by the Consultant and M&S will make reasonable efforts to provide a replacement. This guarantee is your sole remedy for dissatisfaction with a Consultant's qualifications, performance or conduct. Rates and Charges. M&S's standard pricing provides for emailed invoices, Web Time approval system, full M&S interview and standard M&S assessments for each Consultant at time of first assignment. Non-standard processes will result in an additional 5% added to bill rate. Further screens may be performed at additional cost. Rates reflect a cash/cash equivalent discount of 3%. M&S may change rates on 30 days' written notice, including increases due to higher or newly imposed government -mandated costs (such as required wage, payroll tax, insurance premium, assessment, contribution, benefit or fee). Overtime will be billed by applying the same multiple to the straight time bill rate as M&S is legally required to apply to the Consultants' pay rate (usually 1.5). You will be billed for applicable sales, use, excise, value-added, and other like taxes on our Services. A minimum of 4 hours per day will be charged for each Consultant. You agree that M&S may confirm the addition of a new rate or skill classification to this agreement by email, with no further writing necessary. Further charges will apply for non-standard services. M&S will invoice you weekly for compensable time worked by Consultants; payment is due in full upon receipt. We will work with you to resolve any invoice disputes made within 60 days of invoice date. You shall notify M&S if any positions filled under this Agreement are or become subject to a Wage Determination, federal or state prevailing wage, living wage and/or special fringe benefit requirements, including but not limited to the Service Contract Act. You acknowledge that Adecco relies solely on your job descriptions in making exempt/non-exempt pay classifications, and you shall ensure that the functions and duties actually performed by Associates are accurately reflected in the job descriptions. You agree not to change the assigned duties without M&S's prior approval. For Consultants who are paid per diem, the Bill Rate shall include the Per Diem payment. Per Diem payments shall not be deemed expenses for the purposes of allowable/pre- approved expenses. M&S uses the IRS -approved federal per diem rate. Customer Responsibilities. You are responsible for the supervision and safety of Consultants while on your premises including compliance with federal and state laws, including OSHA. You are responsible for the work and work product of the Associates. You agree to bear the risks of Consultants handling cash (including electronic transactions), checks, keys, credit cards, merchandise, negotiable instruments, or confidential information or to be permitted to travel or operate motor vehicles or equipment, and you shall defend and hold harmless M&S from these risks. Consultants are not authorized to bind Client or M&S, to render professional opinions, or to sign their names or M&S's name to financial statements or tax returns. You shall not permit Consultants to climb or operate 8 feet or more above the ground or manually lift objects greater than 50 lbs. per person. You agree to provide Consultants with meal and/or rest breaks required by law. Time must be approved no later than 2 pm Tuesday following the Sunday work week end; if not, hours submitted will be deemed approved. For hours entered after midnight Sunday, you will receive an email notification for approval to be made within 24 hours. Hiring of Consultants. You agree to compensate us for "converting" a current or recent Consultant. A conversion occurs when you obtain the services of our Consultant either by 1) directly hiring the Consultant onto your payroll, or 2) by assignment, arrangement or contract from a source other than M&S and 3) the Consultant was on assignment to you by M&S anytime within the preceding 90 days. If you choose to convert a Consultant, the fee structure on the following page applies. Miscellaneous. Except for rate increases, all changes to this Agreement must be in writing and signed by both parties. Each party's liability under this Agreement, if any, is limited to direct damages and to the risks and responsibilities inherent in that party's business or activity. WEB TIME SERVICES ARE PROVIDED "AS IS", AND WITH ALL FAULTS. ADECCO MEDICAL & SCIENCE STAFFING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH WEB TIME, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Client's sole remedy, and Adecco Medical & Science Staffing, Inc.'s aggregate liability with respect to WebTime, shall not exceed $100. Any terms contained in any other document between the parties shall not supersede this agreement unless specifically agreed to in writing by the parties. Either party may terminate the active staffing relationship at anytime; after termination, these Terms and Conditions will continue to govern the parties' rights and obligations regarding the services and work performed before the termination. Client City of Lodi Adecco Medical & Science Staffing, Inc. Name: Stephen Schwabauer, City Manager Name: Anthony Williams Signature: Signature: Date: Date: AOP32007T REV 09/10 Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties ��here�inafter�-CITY"), THIS AGREEMENT is entered into on 2013, by and between the CITY OF LODI, a municipal c1a poratioand ADECCO U.S.A. (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Temporary Clerical and Information Technical (IT) Support (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames, The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2013 and terminates upon the completion of the Scope of Services or on June 30, 2015, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional two (2) two (2) -year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this 2 Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed six (6) years. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with �3 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Rebecca Areida-Yadav To CONTRACTOR: Adecco U.S.A. 1036 W. Robinhood Drive, Ste. 108 Stockton, CA 95207 Attn: Jennifer L. Dutro Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the 5 attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.16 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered 6 hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundinq Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. AT -TEST./ RANDIJOHL City Clerk CITY OF LODI, a municipal corporation - r K D ARTLAM, City Manager APPROVED AS TO FORM: ADECCO U.S.A. D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney ma Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Funding Source: 180461/170403/100411 (Business Unit & Account No.) Doc ID:WP\Projects\PSAs\Adecco2013 CA:rev.01-2012 8 By: Name: T2�ll'lt -D L'Ltro Title: V Exhibit AlB better work better life To: Mr. Konradt Bantam, City Manager City of Lodi 1331 S. Ham Lane Lodi, CA 95242 TERMS i CONDITIONS Sbffrag Servfcas Adecm will recruit interview, select and hire assigned employees ('Associates) who, in Adecco's judgment, possess the qugrications you request Adecoo wit pay Associates weekly for lime worked as submitted on time records verified and approved by your authcrasd repteseitiative Adecco shall report and pay the employer's share of state and federal taxes, workers' compensation, FICA, and unemployment insurance for compensation paid m them and will submit required tax withholdings. Ratan and Charges. Adecca's standard pricing provides for emailed invoices, Web Time approval system, full Adecco interview and standard Adecco assessments for each Associate at time of first assignment Elates reflect a cashlcash equivalent discount of 3%. Adecoo may change rates on 30 days' written notice, including increases due to higher or newly imposed govemmentmnandated casts (such as required wage, payroll tax, insurance premium, assessment, contribution. benefit or fee). Overtime will be baled by applying the same multiple to the straight time bill rate as Adecco is legally required to apply to the Associates' pay rate (usually 1.5). You Brill be trilled for applicable sates, use, excise, value-added, and other hike taxes an our Services. A minimum of 4 hours per day well be charged for each Associate. You agree that Adecco may confirm the addition of a new rate or skill classification to this agreement by email, with no further writing necessary. Further charges will apply far non-standard services- Adecoo will inv6ca you weeldy for compensable time worked by Assodates; payment is due in full upon receipt We will work with you to resolve any invoice disputes made within 60 days of invoice date. Crratonw Resparrsr7yfNa& You are responsible for the supervision and safety of Associates while an your premises including compliance with federal and slate laws, including OSHA. You agree to bear the risks of allowing Associates to handle cash (urciuding electronic transactions), checks, keys, credit cards, merchandise, negotiable instruments, or confidential information or to be permitted to travel or operate motor vehicles or equipment, and you shag defend and hold harmless Adecco from time risks. Associates are not authartred to bind Client or Adecco, to render professional opinions, or to sign their names or Adecco's name to financial statements or tax retums. You agree not to permit Associates to climb or operate 8 bet or more above the ground or manually lift objects greater than 50 lbs. per person. You agree not to change an Associate's assigned duties without Adecco's prior approval. You agree to provide Associates with meal and/or rest breaks required by law. Time must be approved no later than 2pm Tuesday following the Sunday work week end; fi not, hours submitted are deemed approved. For hours entered after midnight Sunday, you vAl receive an email notification for approval to be made within 24 hours. You shall notffy Adecco if any positions tilled under this Agreement are or become subject to a Wage Determination, federal or state prevailing wage, living wage and/or special fringe benefit requirements, including but not limited to the Service Contact Act You acknowledge that Adecco relies solely on your job descriptions in making exemptfrwn•exempt pay classifications, and you shall ensure that the functions and duties actually performed by Associates are accurately reflected in the job descriptions. Hirfng of Associates: Your agree to compensate us for 'converting' a current or recent Associate. A conversion occurs when you obtain the services of our Associate either by 1) directly hiring the Associate onto your payro6, or 2) by assignment, arrangement or contract from a source other than Adecco and 3) the Associate was on assignment to you by Adecco anytime within the preceding 90 days. If you choose to convert an Associate, the fee structure an the Vl*ng page applies. Aftcatfanomm Except as otherwise provided herein, all changes to this Agreement must be in writing and signed by both parties. Each party's liability under this Agreement; if any, is limited to direct damages and to the risks and responsibilities inherent in that party's business or activity. WEB TIME SERVICES ARE PROVIDED "AS IS`, AND WITH ALL FAULTS. ADECCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH WEB TIME, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Crrent's sole remedy, and Adecco's aggregate liability wfth respect to WebTfine, shall not exceed $100. Any terms contained in any other document between the parties shall not supersede this agreement unless specifically agreed to in writing by the parties. Either party may terminate the active staffing relationship at any time; after termination, these Terms and Conditions will continue to govem the parties' rights and obligations regarding the services and *ark performed before the termination. Terms and Conditions 49.4 mvdets: a5fa7113 REQUESTED SKILL CLASSIFICATIONS Adecco's rates are based an fair and competitive pay rates to attract and retain quality employees and may vary according to cfienfs requirements. These rates are based an Adecco's standard services and reflect a cashfcash equivalent discount of 3%. Adecco reserves the right to increase these rates due m increased or new gavemment- mandated casts (such as a required wage, minimum wage, payroll tax, insurance premium, assessment contribution, benefit, or fee). Payment terms due upon receipt CLASSIFICATIONSSKILL ,• 0?mdr Adnrr yoalive $15.71 - $1909 �ij iran j is regawed, workers' compansahun crassiGraton may very and will impact big refs. CONVERSION 'e" agree to compensate currerrt or recent A xrrrars an occurs j&en, by direct We or iry assignment arrangement orconbactirnm a source other than Adexv, you obtain ft services of a person who, anytime within the preceding 90 days, was an assignment to you from Adecca. The general conversion cost is 30% of the person's annualized pay In his or her new emp:pmeeht However, if the conversion is by your direct hie of the person, the following discounted cost applies instead: Total hours (rounded up) billed to you for the converted person's work in the 365 days iaeceding the conversion goat of conversion: percentages are of the person's annualized pay in his or her new employment -1-160 .30% i61-480 :25% 481 -960 20% 961-1440 15% 1441+ $1.500 ASSOCIATE Irrer anyreason you are ftsaBst ed with an Associ2hte's quarawdons and notify Adecca *din tine drst& hours sf :l-eass+graru�rt, you 4 not tie cbargad :ar fie hchasworked by the AAssaciaieand Adecco 0 make reasonable efforts to provide a replacement This guarantee is your sale remedy for dissatisfaction with an Associate's quaffications, performance or conduct BACKGROUND derma pmuIdes d=u nt prig for bac gmund screenings through Lexis Vexs, Vent MI pay ar lire cast ,r az 55cigmund •:nedrs Ks an ado mt aFe' Fee equal to 12.0°S- Costs ave deterrr ne113y type aF'eackgraund check required- AD DITIONAL TERMS =:i :":err 11Cnr.r sra re;Rsit rs s5 5e:, mark un. on hoe jf nesuen pay rate_ Step A 5fep $ Step C Step t3 Stop Pay Raga 10.50 11.02 11.57 1215 12.76 dec.p repmsents and warrants thatitis W compliance Affordable Care Act Adecca agreesto defend, indemnify and tndd the Clterrt harmless against any fines, casts ar other losses as a result of Adecco's no^•rmriance with the Affordable Care Act Terms and Candidons vze 4 revdate: osr07113 letter rk, better lite PRICING AGREEMENT - City of Lodi Confidentiality Personal data submitted by Adecco Engineering & Technical regarding its associate employees and candidates is highly confidential and for the Client's personnel use only. Client Name (Report to): City of Lodi Address: 221 W. Pine Street City: Lodi State: CA Zip: 95240 Contractor Name: Thomas Newall Expected Start Date: July 11,2011 Supervisor. Steve Mann Assignment Location: 221 W. Pine Street Hourly Billing Rate: $23.20 overtime Billing Rate: $34.80 Invoice Mailing Address: 221 W. Pine Street City: Lodi State: CA Zip: 95240 Attention To: Jordan Ayers Additional Terms and Conditions: Adecco represents and warrants that it is in compliance Affordable Care Act. Adecco agrees to defend, indemnify and hold the Client harmless against any fines, cost or other losses as a result of Adecco's non-compliance with the Affordable Can: Act. Converzlonliransfer Fee 1-200 hours=20% of Annual Salary 201-400 hours=15% of Annual Salary 401-600 hours=12% of Annual Salary 601-800 hours=10% of Annual Salary 801-1000 hours=5% of Annual Salary 1001-1200 hours=3% of Annual Salary EXHIBIT C (fq�FpR��7 Insurance Requirements for Contractor The Contractor shall takeout and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for properly damages, which may arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Ea. Occurrence $2,000,000 Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject that it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker=s Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City RESOLUTION NO. 2015-87 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADECCO EMPLOYMENT SERVICES WHEREAS, on June 19, 2013, the Lodi City Council approved a Professional Services Agreement with Adecco Employment Services for temporary clerical support and Information Systems Desktop Support part-time personnel; and WHEREAS, White Slough Water Pollution Control Facility needs to hire a temporary laboratory technician, who will work 20 hours per week up to 40 weeks at a cost of $22.42 per hour; and WHEREAS, staff recommends executing an amendment to the Professional Services Agreement with Adecco Employment Services for temporary laboratory technician support, in an amount not to exceed $17,000 for a 40 -week period. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an amendment to the Professional Services Agreement with Adecco Employment Services, of Stockton, California, to provide temporary laboratory technician support, in an amount not to exceed $17,000 for a 40 -week period. Dated: June 17, 2015 I hereby certify that Resolution No. 2015-87 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None j�y PAMELA M. FARRIS Deputy City Clerk 2015-87