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Home My WebLink AboutTEC GROUP, INCINSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: A-2023-122-06 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TEC GROUP, INC. FOR ON -CALL TEMPORARY STAFFING SERVICES ��nS. � 13reanraL l(� THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between TEC Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California C'City"). C' o RECITALS ® A. On April 19, 2023 the City issues a Request for Proposal No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of Temporary Staffing � Services on an on -call basis for the City's Human Resources Department. D B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit All, attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment Page 1 of 9 need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026, with the option for the City to grant up to two, one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, bclow. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible mediurn of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Page 2 of 9 a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subeonsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Set -vices Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Page 3 of 9 Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used), (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shalt not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Ov)Waiver of Subrogation. Consultant hereby giants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer, (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers, insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VIl, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal 'injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, ,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs ineutred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 1.0. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder this Agreement. 12, NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran statm, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between die terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that ally terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 1.7. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and govemed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 1.9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) 11.0. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Deanna Lopez Sr. Sales Account Manager TLC Group, Inc. 47 Discovery, Ste. 200 Irvine, CA 92618 A party may change its address by giving notice in writing to the other patty. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission repots issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 A-2023-122-06 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: -jONATHAN T. MARTYNEZ Assistant City Attorney RECOMMENDED FOR APPROVAL: J N MOTSICK xecutive Director Human Resources Department CITY OF SANTA ANA I.- 444 KRISTINE RIDGE City Manager CONSULTANT: DEANNA LOPEZ Sr. Sales Account Manager Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF ' ANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City, • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CaIPERS). 3. Contractor shall not impose a temporary to permanent placement fee. it is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. 0 CITY OF SAN'TA ANC, B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name / Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. CITY OF SS9ANTA AN A 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CaIPERS rules regarding CaIPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CaIPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CaiPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. &. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 6. Other Technical and Professional Classifications as Determined Je: CITY OF SANTA ANA Other technical and professional classifications) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description Site: I. hinnq� ttyVF;r1_I,(r�E nt�OI).^�n1Yb i�;CY �, ii r::� I t q-r,... D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. EXI3IBIT B CONSULTANT'S PROPOSAL Exhibit I TEC Group Proposal Specifically prepared for City of Santa Ana REQUEST FOR PROPOSAL. NO.23-051 FOR TEMPORARY STAFFING SERVICES Proposal Due Date: Wednesday, April 19, 2023, 4:00 P.M. Main Point of Contact: Deanna Lopez Sr. Sales Account Manager Cell: 949-556-0374 Email• TEC GROUP, INC. 47 Discovery, Ste. 200 Irvine, CA 92618 949-527-6695 +CC U TABLE OF CONTENTS I. Table of Contents ..................................................................................................................1 ?. Cover Letter ... ....................................... ........ ................. .................... ................................. 3. Services Provided.................................................................................................................3 4. Agreement Statement ....................................... ................. .......................... ......................... -4 5. Finn and Team Experience......................................................................................................4 6. Proposed Work Plan..............................................................................................................5 7. References.........................................................................................................................5 8. Cost Proposal. . ........... ............................................... ............................ ............ ......... 5 Certifications/Attachments A Proposer's Certification, Proposal Pricing. B References C Proposec's Statement D Non -Collusion Affidavit E Non -Lobbying Certification P Non -Discrimination Certification G Cost Proposal Form Exhibits Exhibit I- Proposal Title Page Exhibit I I- Resumes of TEC Group Team 1 +Cr0. a, Cover Better April 19, 2023 Lori Schneider. Operations Manager Cily ol'Santa Ana- Human Resources Department 10 Civic Center Plaza Santa Ana. CA 92701 Dear Lori, Thank you for the opportunity to assist the City of Santa Ana with its temporary staffing needs. We have received your Request for Proposal NO. 23- 051 for Temporary Stalling Scwices. It is my picas lm to submit a proposal on behalf of ITC Group. The following infi rmation that is included in our proposal shut( remain valid for three (3) years, TEC Group offers outstanding customer service while providing qualified temporary candidates to our clients. Our mission has been to consistently provide our clients with the best professionals for thejob, not just who is available. Our foundation is built upon developing an intimate knowledge of our clients' needs and assembling a group of qualified professionals to till those needs. Our speciulty is, and always has been, finding the best talent. 117C Group recruits and employs quality talent for our clients, thanks to our exceptional recruiting tram that is experienced and specialized with over 75 ),oars of experience. Our team consists ofpassiouate. enthusiastic, committed. long term employees. My team and I look forward to providing excellent service while also providing quality candidates for your temporary stalling needs, TPC Group is successfully assisting other clients in Orange County. and we look forward to doing the same for the City of Santa Ana. We are confident that our specialized recruiting team would assist you well and provide you with the staffing service that you desire. TF.0 (iroup bus been in business since 1980 and has a local office in Irvine that is ready to assist you. Our specializations include: AdminisiraRve & Clerical, Accounting A Finance, IT, Salm & Alarketfig, flunran Resources, Customer Serrdce A Call Center and Gngineering & Design. With our extensive staffing experience and remarkable results, specifically for our clients in Orange County, I am confident that'17>C Group would be it great staffing choice for the City of Santa Ana. Ihank you will best regards. Deanna Lopez Sr. Sales Account Manager b. Services Provided A. GENEBALCONTRAC'1'ORREOUIREMF.N'fS 'IT..0 Group will provide Clerical, Accounting, Office, Administrative and Professional candidates to the City of Santa Abu. as requested. Additiotilly. TF(: Group specializes in the following: • Administrative & Clerical • Human Resources • Customer Service & Call Center • Accounting At Finance & IT' a Sales & Marketing • Engineering & Design TE'C Group will submit qualified candidates to the City in a timely manner, within 2 hours after being requested All scheduled work dates will be coordinated at least one day, prior to the start of an assignment. A detailed proposal of the assignment turd an invoice will be provided, according to the specifications provided by the City department. prior to placing a TEC (croup temporary employee of the City, the following criteria will be Rdlotwd and in place • Proper 1-9, Employment Eligibility Verification • Live Scan fingerprinting and/or background check have been processed completed and passed, if requested by the City. • Selected TF:C Group temporary candidate selected for an assignment meets all essential job functions mid minimum qualification requirements for the vtufous types or services. • 'Typing speed of TEC (croup temporary candidate is at least 30 wpm, and iNlicrosoll Office capabilities have been tested and are met with positive results as required. • TEC Group conducts due diligence employment verification/references of the'1'EC Group temporary candidate to verily work history and positive feedback. • The TEC Group temporary candidate is bilingual in English and Spanish or Vietnamese when required for an assignment. • Verifies that TEC Group temporary candidate is not a retired annuitant of the California Public Employees Retirement System (Ca1PERS). TEC Group will not impose to temporary to permanent placement tee. It is not applicable fir temporary candidates that are hired by the Ch% through the competitive recruitment proces& regardless of introduction or assignment by ql{C Group. Direct hire placement is only applicable lux direct hire placement requests or ifa TEC Group ternponry candidate was hired without a competitive recriumnenn process. A. SPECI 1 ATI NS/ C OFSERVI ,ES fho City o 'Santa Ana Human Resources Department will contuct'rEC Group for temporary services and provide the title, skills and experience that is required. Certain positions may require bilingual skills. TEC Group will provide temporary candidates as required and approved by City departments to work at the various C'it-v of Santa Ana locations. TEC Group kill compare the job requirements to the TF.0 Group temporary candidates qualifications. and will entail resumes along with test results, when requested. ITC Group will follow tip with the City in a timely manner, and within two hours to provide names of qualified TEC Group candidates for City approval, If TP..0 Group is unable to identify, it quallficd TEC Croup candidate within four hours of the initial request, the City reserves (he right to reach nut to other temporary agencies for assistance with the phice.mem. Onec a'1'L'C Group candidate hits been selected and the hourly pay rate has been agreed upon,'] EC Group will provide, a detailed prupusat in the City, including ibc job description, hourly pay rate of the "I EC Group candidate, bad the mark-up rate. I he City will [ten review and sign tine proposal, once approved. All JT''C Group invoices will include the following: a) Agreement number, b) Requesting City department. c) Department contact name/requester name d) TEC Group candidate's name, e) hourly pay rate and mark-up rate. 1) Dues oi'assignment duration, g) "Total hours worked during duration of assignment. Tee Group will provide the TIiC Group temporary workers who have the required skills for the assignment. City has the right to end a TEC Group temporary candidate's assignment for poor work performance, poor attendance or for other business -related reasons. When requested by the City. TEC Group will ond'rl?C Group temporary candidate's assignment, at the specified time and date A replacement for the endcd'rEC Group temporal)! candidate will be provided. if requested by the City. TEC' Group will be responsible lot aft decisions concerning matters of hiring, firing, discipline, payroll, bcnctifs such as vacation, paid sick leave. and other leave honefits. "fEC Group temporary candidates arc'1'EC Group employees and arc in no way considered City employees. TEC Group will be responsible for all communication regarding the job assignment at City as these TEC Group temporary candidates are employees of TEC Group. this includes relaying of the work hours to all TEC Group candidates as the majority of city agencies and departments work under the City's 9180 work schedule (Monday to Thursday; 9-horn workdays, Friday 8-hour workda); and closed every other Friday on regular City Halt closure dates). TEC Group wit provide City with testing results for positions, as requested.'1'lim, services will be included in our rates that are proposed in 'I F.0 Group's COST PROPOSAL FORM. Attachment G. TF,C Group temporary candidates are not allowed to work more than 960 hours in any fiscal year period (July 1-30). TEC Group is responsible for tracking the hours worked by alI TEC Group temporary candidates at City, and to notify the City Department contact unit the Human Resources Department within 30 days of nay TFC Group temporary candidate reaching the limit of 9G0 hours. TEC Group will comply with all applicable, local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective Raman 1. 2012) and Cu1PRRS rules regarding C:alPERS Retired Annuitants. whether provinusly erupiuyed by the City or other public agency employers subscribing to CaIPERS. TEC Group will also ensure that no candidate provided under this ugreament would need to be reinstated to CaIP11RS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result oftheir work at the City prior to assigning any TEC Group temporary candidate to any request by the City. B. SERVICE CATEGORIES With ITC Ciroup s specializations: Administrative & Clerical, Accounting & Finance, 17; Sales & Marketing, Human Resources,. cusiorrrer Service & Call Center and Engineering & Design, the following roles would be. supported as well as other Professional roles that would arise: 1) C. SERVICEUTILIZ„ATIQN REPORTS TEC Group will provide the following reporting in Excel format to the Cily's Human Resources Department. I ) Quarterly Reports will include: a) Number of temporary candidates hired under this contract b) Number of hours worked per temporary staff during reporting period, by name. c) Number of hours worked per clawfication, citywide. d) Department to which temporary candidate was assigned ct Billing rate for each temporary candidate 11 Sum per criteria above 2) Annual Report includes grand totals orcach ofihe criteria included in above Quarterly Reports. c. Asurcentent Sta(tment TEC Group concurs with the inlbrmation included In Exhibit II Sample Agreement. d. Firm and Team F�xp-pgritnce 1) i. TEC Group has a local office in Irvine, CA that will work directly with the City of Strata Ana 'this team consists of a team orsoven (7) employees that collectively have over 75 years of staffing and recruiting experience: 1) Brian Thompson. Vice President, Sales & Operations 2) Deanna Lopez- Sr. Sales Account Manager 3) Kyle Minton- Recruiting Manager d) Sabrina Pawley- Sr. Recruiter 5) Jessica Cebnnvskt- Recruiter 0) Nicole Von fiotgaarden- Recruiter 7) Niklas Kiss- People Operations Coordinator ii. I U' Group's IRVINE Branch is located at: 47 Discovery. Ste. 3200, Irvine, CA 92618 iii. TEC' Gruup's Headquarters is located at: 850 Stephens,)" Highway Ste. 4600, Troy. 51148083 iv. Deanna Lopez, the Sr. Sales Account Manager is the supervising Project ManagertPeincipal Agent to be assigned to the agreement for City of Santa Ana. Deana will be the primary contact person who will be representing TEC Group and will be the person to conduct the presentation, if invited h, an interview. v. Resumes are attached as Exhibit If. +CCO e. Proposed Work EC Group's Understanding of City's Scope of Work Approach to Completing Work Specified in the Scope of Work i. Anlicipated Approach- I'EC Group candidates must he able to pass the City's required Live Scantbackground screenings. Typing and Microsoft Office abilities will be tested as well as any other required sof Nate expertise that the City department requires, ITC Group utilizes Aspiring Minds sollwarc to conduct the testing. TEC Group will work on obtaining employment references/veriilcation. MC Group will screen for temporary candidates to be bilingual, if requested by the City, have the proper 1.9, verification of employment or references. TEC Group will verify dial our temporary candidate is not a retired annuitant of CalPERS. Once candidates have been identified and deemed qualified, they will be provided to the City in a timely manner, typically within 2 hours. A restate will he provided, along with a detailed profile, summarizing the candidate's work experience. Test results will also be submitted, if requested by" the hiring manager. Candidate interviews can be coordinated by our recruiting learn us a nest step, or the City's hiring manager may choose to start the selected candidate. Once we offer the candidate the position, we will make sure to send it proposal to the City for the selected candidate, including the job description, hourly pay rate for the TF.0 Group temporary candidate, and markup rate. Ilie City will rcvicw and sign the proposal as a nest stop. This will be completed prior to the TEC Group employee starting their assignment at the City, Additionally, all scheduled work dates will be coordinated at least one business day before the start of the assignment. The work schedule will be confirmed as well, as it will most likely he a 9180 work schedule at One City. Once our'IBC Group employee has started their assignment at City of Satita Ana the employee will receive a weekly paycheck freun TEC Group. Additionally, City of Santa Ana will receive a weekly invoice via email with the detailed proposal, according to the specifications required by the City department. In addition, quarterly and annual reports will be provided to the City's Iluman Resources Department, I'EC Group will notify the Department contact and the HR Department within 30 working days once a TGC Group temporary employee reaches 960 hours. ii. A'o,saugge.slioms orspeciul concerns {or the evahavion corammee iii, Lie,((-vembles/Amnlementadat Plmr/Tr#XJkg eud exanwle: I ) Receive Order Request for Office Assistant at 10am 2) Candidate's resume and profile submitted by 12 min with testing scores of MS Word and typing tests (or any additional required tests). 3) Verification orproper 1.9 and employment/references received. Submitted candidate was screened for bilingual in Spanish, and confirmation received that candidate is not a retired annuitant of CIalPF.RS. J) Coordinate candidate interview for nest day, depending on City's hiring manager's schedule. ^) City selects a candidate to start assignment, offer sent to selected candidate. 6) Once oftcr accepted, start Live Scan/background screening.. 7) Send proposal to City including job description, hourly pay rate, and mark-up rate. g) City reviews and signs proposal. 9) Start date, 9/80 work schedule are confirmed with candidate one day before assignment starts. 10) Candidate starts assignment. 11) follow up with City on candidate arrival. 12) Weekly paycheck processed for TEC Group empinvice. 13) Follow up with City to see how candidate is performing. Id) Weekly invoice entailed to City with the detailed proposal. 1 S) Quarterly and annual Excel reports are provided to City's Human Resources Department. 16) Track hours worked, notifying City Department Manager and MR 30 days prior to employee reaching 960 hours. f.References- Sce Attachment B. Please see Over references of similar projects performed for similar government clients 2, Cost Proposal- Sce Attachment G of Cost Proposal. 17.red jee rate .sehedale.vhown !n Atrachitient G, VII..Certiflcatiots!Attachments>-'rhe following forms are signed and included in this proposal submittalpackage: Attachment A: Proposer's Certification and Proposal Item Pricing Attachment f3: References Attachment C: Proposer's Statcmem Attachment D: Nun -Collusion Alfdavit Attachment F: Non -Lobbying Certification Attachment F: F: Non -Discrimination Cerifcotion Attachment G: Cost Proposal Form CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. TF_C Group, Inc. 949-527-6695 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 47 Discovery, Suite 200 Irvine, CA 92618 BUSINESS ADDRESS Deanna Lopez Sr. Sales Account Manager PRINTED NAME OF AUTHORIZED AGENT TITLE 4-19-2028 dlopeza@tecgroup.biz E-MAIL 27-2887196 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND PROPOSALS THAT DO NOT CONTAIN THIS FORM �'I Y9r)( .116e ?taA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Central Coast Community EnergaContact individual: 6 licia Hicks Address: 70 Garde C uite 300 Phone Number: 831-901-3674 Monterey CA 93940 _,EMAIL: ContractAmount: $95.000 — Year: 2022, 2023 Description of supplies, equipment, or services provided: TGC Group provided Communications Specialist to assist with Marketing department, implementing marketing, communications, media and public relations. Customer Name: City of Seim Contact Individual: Jasmin 8ains/ Janie Veneoas Address: 2055 Third Street Phone Number: 559-891-2200x 2284 (Jasmin) and x3100 (Janie) Selma CA 93662 EMAIL: , Contract Amount: gingoing. $100,900+ Year: 2022 2023 Description of supplies, equipment, or services provided: TGC Group provided HR Consultants to assist with recruiting, henefits and employee relations. REFERENCE Customer Name: Ci!y of Fog, njgiia Valley Contact Individual: Amanda McCall Address: 17967 Bushard Street Phone Number: 714-593-4413 Fountain Valley, CA 92708 EMAIL: Contract Amount: $34.00 _ _Year: 2021. 2022 Description of supplies, equipment, or services provided: TGC Group provided an Administrative/Accounting Assistants to complete administrative and accounting tasks. Additional requires were made as well as the assignment was extended. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of It has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposers bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposers bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantifies set forth In the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. TEC Group. Inc. Signed and Printed Name:._, Deanna Lopez___,_. Title Sr, Sales Account Date _ 4-19-2023 THIS FORM MUST. BE COMPLETED AND K; ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the cft[fier to criminal prosecution. A notary public orother officer completlna lbb cercitkate verlNes oMy the +denw, of rhf individual w• I fined the document to which tn.+: rr++ficate . '' +ne „u+e% accmac. 11111111 n+., State of California , County of _ Orange Subscribed and sworn to (or affirmed) before me on this_ _ day of d L 20 23 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. NotafV ublic Signature THIS PROPC a. ZAYNE WItLiAM gNUNDAA'G Notary Public - California fill ?f ' Orange County Cammhsion Y 2412734 My Comm. Expires Aug 12, 2026 Notary Public Seal y f ;♦ n.,. A :N1 5 -4 P", �. sc^t ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shalt complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with Its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1362, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shalt certify and disclose accordingly. Signed: Title: Sr. Sales Account Manager Firm: TEC Group Date: 4-19.2023 THIS FORM MUST BE COMPLETED AND " s NNA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex„ or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. S. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1966, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11245 of September 24, 1965, so that such provisions will be binding upon: each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsuitant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California tabor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties Imposed for a violation of the Chapter. IF � Signed: Title: Sr. Sales Account Manager Firm: TEC Group, Inc. Date: 4-19-2023 1:XHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable GITY0F,SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/50 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN, ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY OF SANTA PRICING ANA CLASSIFICATION Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Overtime Rate Bill Rate Mark-up Accountant $ 28-38 $ 41.44 $ 5624 48 % $ 62.16-84.36 --'• 48 % I Accounting Assistant $26-32 _- $3$.48 - .36 -71.04 $. 4B$ `% Legal Secretary $ _ 31-37 Office Specialist— $ 22-24 $ 45.88 $ 31.90 $ 54.76 $ 34.80 48 % 45 % - I $68.82-82.14 48 $4ZT85-52.20 45 % Pa alegal 27-44V $ $ Y39_96 $ 65.12 48 % $59,94-97,68 48 - -- Receptionist 19-22 27,55 _ill 90 ..._.---------_ 45% 41.33-47.85 % 26-34 $ $ 37.70 T $ 49.30 45 0 % $ 56.55-73.95 45 Provide markup percentage rate agency will utilize to negotiate prices for I positions not listed above. 48 % OTHER TECHNICAL AND PROFESSIONAL CfASSIRCATIONs AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. f Direct Hire Lump Sum Fee DIRECT HIRE PLACEMENT IL (Please Explain Below) $ 20% Tamp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the compatitltve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct !tire placement requests or if a temporary worker was hired without a competitive recruitment process. Please ary OF SANTA ANA explain briefly In detail your policy and pricing on the hiring of your temporary workers. Attach additional pages if required. TEC Group's direct hire fee is 20% of candidate's annual salary. TEC Group offers a 90 day replacement guarantee. No refunds or credits are offered For direct hire placements. Temporary to hire conversion terms- if the City would like to hire on a TEC Groupp employee, there is no charge once an employee has worked 720 hours. Payment terms are requested at NET I Pricing LIVE SGAWBackground Check $35 i Seven Panel Drug Screen ------------ Pricing No Fee NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor TEC Group Name: Project TBD Number: Project TEC Group Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY 91ML002492221 12/28/2023 06/16/2023 StaticCertSrv.pdf GENERAL LIABILITY 91ML002492221 12/28/2023 06/16/2023 StaticCertSrv.pdf WORKERS COMPENSATION AND KEY137578 09/01/2023 06/16/2023 StaticCertSrv.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/26/2023 4:55 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor TEC West Name: Project A-2023-122-06 Number: Project Consultant Agreement Between The City Of Santa Ana And TEC Group, Name: Inc. For On-Call Temporary Staffing Services The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE City of Santa Ana COI AUTOMOBILE LIABILITY 91ML002492231 12/28/2024 01/22/2024 StaticCertSrv (1) 2024.pdf City of Santa Ana COI GENERAL LIABILITY 91ML002492231 12/28/2024 01/22/2024 StaticCertSrv (1) 2024.pdf City of Santa WORKERS COMPENSATION AND EY0137578KKEY015223 09/01/2024 08/21/2023 Ana COI EMPLOYERS' LIABILITY 8.22.24.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/26/2024 2:09 PM DATE(MMIDDIYYYY) ` CERTIFICATE OF LIABILITY INSURANCEFAcct#: 3032936 12/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AON RISK SERVICES SOUTH, INC NAME: 3550 LENOX ROAD NORTHEAST,SUITE 1700 PHONE 844-398-0470 FAX A/C No Ext: A/C No ATLANTA,GA 30326 ADDRESS: certs@peoplease.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Company of North America 43575 INSURED INSURER B: TEC WEST,INC. 7031 Koll Center Parkway,Suite 500 INSURER C: Pleasanton,CA 94566 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MMIDDIYYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N NIA X C72838063 12/31/2024 01/01/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER WHERE REQUIRED BY WRITTEN CONTRACT. APPROVED By Cynthia Mora at 8:58 am, Dec 23, 2024 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Dr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE f ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers'Liability Policy Named Insured Endorsement Number TEC WEST,INC. 7031 Koll Center Parkway,Suite 500 Pleasanton,CA 94566 Policy Number Symbol:WLR Number: C72838063 Policy Period Effective Date of Endorsement 12/31/2024 To 01/01/2026 12/31/2024 Issued By(Name of Insurance Company) Indemnity Insurance Company of North America Insertthe policy number.The remainder of the information isto be completed only when this endorsement is issued subsequent tothe preparation of the policy. This endorsement changes the policy towhich it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: City of Santa Ana 20 Civic Center Dr Santa Ana, CA 92701 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED Authorized Agent WC 90 03 75 (05/18) AC V CERTIFICATE OF LIABILITY INSURANCE 7lT2/11/2024 (MM/DD/YYYY) +%.� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 858-229-1826 858-408-2901 NAME: Michael Santos Insurance Services Michael Santos Insurance Services ONE a/CC No,Ext: 858-229-1826 a,No: 858-408-2901 5666 La Jolla Blvd E-MAIL SS: msantos@wcAccess.com #303 INSURER(S)AFFORDING COVERAGE NAIC# La Jolla CA 92037-7523 INSURERA: Philadelphia Indemnity Ins Co 18058 INSURED (925) 718-3309 INSURERB: Fastrack Solutions, Inc./TEC West INSURERC: 9125 Archibald Ave Suite A INSURERD: INSURER E: Rancho Cucamonga, CA 91730 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE �✓ OCCUR PR EM SESOEa oNcurrDence $ 100,000 PHPK2582190-003 07/16/2024 07/16/2025 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ✓ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: EBL $ 1,000,000 CBIA AUTOMOBILE LIABILITY ✓ ✓ PHPK2582190-003 07/16/2024 07/16/2025 Ea a.ideDtsINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ✓ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY Per accident ✓ UMBRELLALIAB ✓ OCCUR PHUB874536-003 07/16/2024 07/16/2025 EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ ❑ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability E&O PHPK2582190-003 07/16/2024 07/16/2025 1,000,000/2,000,000 Deduct:$1,000 A Employment Practices Liability PHPK2582190-003 07/16/2024 07/16/2025 2,000,000/2,000,000 Retention:$25K A I Crime PHPK2582190-003 07/16/2024 07/16/2025 $100,000 Deduct:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Entity,its officers,officials,employees,and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connection with such work or operations. For any claims related to this contract,the Contractors insurance coverage shall be primary coverage per blanket endorsement.Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect APPROVED this waiver of subrogation,but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from he insurer. By Cynthia Mora at 8;59 am, Dec 23, 2024 CERTIFICATE HOLDER CANCELLATION City Of Santa Ana Risk Management Division SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK2582190-003 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s): Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional Insured for`bodily injury", "property damage" or"personal and advertising injury" but only for liability arising out of the negligence of the Named Insured. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage y or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. 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. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 PI-GLD-TS (11/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: TEMPORARY STAFFING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page Damage to Premises Rented to You $1,000,000 2 Expected or Intended Injury—Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability j $50,000 2 Non-Owned Watercraft Less than 58 feet 3 Damage to Property You Own, Rent or Occupy $30,000 3 Medical Payments $20,000 3 Medical Payments Reporting Period 3 Years 3 Athletic Activities Amended 3 Supplementary Payments—Bail Bonds $2,500 4 Supplementary Payments—Loss of Earnings $500 per day 4 Employee Indemnification Defense Coverage $25,000 4 Who Is An Insured Included 4 Additional Insured—Newly Acquired or Formed Organization Additional Insured— Broadened Named Insured Additional Insured— Blanket Additional Insureds When Required by Contract Duties in the Event of Occurrence, Offense, Claim or Suit Included 4 Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Unintentional Failure to Disclose Hazards Included 5 Bodily Injury— Includes Mental Anguish Included 5 Personal and Advertising Injury— Includes Abuse of Process, Included 6 Discrimination Other Insurance— Primary Clarification Clarification 6 PI-GLD-TS (11/15) Page 1 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-TS (11/15) Staffing Services Exclusions Clarification 7 Staffing Services Definitions Clarification 8 A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof; 2. The word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III— LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V— DEFINITIONS, Paragraph 9.a.; and 3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. B. Expected or Intended Injury— Property Damage SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, Paragraph a. Expected Or Intended Injury is deleted in its entirety and replaced by the following: a. Expected Or Intended Injury "Bodily injury" or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. C. Limited Rental Lease Agreement Contractual Liability SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, Paragraph b. Contractual Liability is amended by adding the following: Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. PI-GLD-TS (11/15) Page 2of8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-TS (11/15) This coverage extension only applies to rental lease agreements and is excess over any renter's liability insurance of the client. D. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto Or Watercraft, Paragraph (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. E. Damage to Property You Own, Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j. Damage To Property, Paragraph (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. F. Medical Payments 1. If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part the Medical Expense Limit is changed subject to all of the terms of SECTION III— LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Under SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (b) is amended to read: (b) The expenses are incurred and reported to us within three years of the date of the accident; and G. Athletic Activities SECTION I— COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, Paragraph e. Athletics Activities is deleted in its entirety and replaced with the following: PI-GLD-TS (11/15) Page 3of8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-TS (11/15) e. Athletics Activities To a person injured while taking part in athletics. H. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, Items 1.b. and 1.d. are amended as follows: b. The limit for the cost of bail bonds is changed from $250 to $2,500; and d. The limit for loss of earnings is changed from $250 a day to $500 a day. I. Employee Indemnification Defense Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any"employee"who is directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees," claims or"suits" brought or persons or organizations making claims or bringing "suits." J. Who is An Insured SECTION II—WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is amended to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury," "property damage" or"personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III— LIMITS OF INSURANCE. PI-GLD-TS (11/15) Page 4 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-TS (11/15) c. Interns—Your interns only while performing duties related to the conduct of your business. d. Contractors—Any individual or organization under written contract or written agreement with you who provides "staffing services" on your behalf and at your direction for your clients. K. Duties in the Event of Occurrence, Offense, Claim or Suit 1. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.a. the requirement that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. b. the requirement that you must see to it that we receive notice of a claim or"suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. L. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us includes the following clarification: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. M. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following additional condition: Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following additional condition: Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period PI-GLD-TS (11/15) Page 5of8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-TS (11/15) of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. is amended to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. P. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury' is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14., Item b. is revised to read: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following: "Personal and advertising injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; or b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Q. Section IV—Commercial General Liability Conditions is amended by the addition of the following: The following language is added to Item 4. Other Insurance: Insurance under this endorsement is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. PI-GLD-TS (11/15) Page 6of8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK2582190-003 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization who you are required to add by written contract which is executed prior to the occurrence of a loss to waive your rights of recovery, except for a loss resulting from the sole negligence from that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1