Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Staff Report 4.B 03/02/2015
Agenda Item #4. 4sp'L at r a 1y n�i�9 DATE: March 2, 3015 TO: Honorable Mayor and Members of the City Council FROM: John C. Brown, City Manager SUBJECT: Resolution Ratifying the City Manager's Execution of an Agreement with Bolt Staffing Services, Inc. for Acting City Clerk Services RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ratifying the City Manager's execution of an Agreement with Bolt Staffing Services, Inc. for Acting City Clerk Services. BACKGROUND Section 64 of the City Charter provides the City Clerk shall be appointed by the City Council and shall serve at its pleasure. The City Clerk was appointed to the position in 2005, and serves pursuant to an employment agreement. The City Clerk's Office consists of two allocated positions: the City Clerk, and a Deputy City Clerk. The Deputy City Clerk position was vacated in March 2014 and has not been filled, pending a review of the Deputy position's duties and responsibilities and possible utilization of a shared position to support Administrative and Legal functions; revisions of the City Clerk and Deputy City Clerk classification descriptions; and complete meet and confer obligations with the affected bargaining unit. In the meanwhile, the Department has relied on part-time temporary clerical assistance to support the Clerk. An item authorizing the revised classification descriptions for the Clerk and Deputy Clerk positions is scheduled for Council consideration at its March 16, 2015 meeting, and is the first step in filling the Deputy Clerk vacancy with a permanent, full-time, employee. The recruitment for that position would begin shortly thereafter. DISCUSSION The City Clerk has previously advised the Council of the need to take rm extended leave for personal reasons, aid notified the Council in early February of her intentions to use that leave between February 27, and March 30, 2015. Because the Deputy position remains unfilled, and because the Clerk's responsibilities cannot be conducted by the part-time clerical support for a prolonged period, it was necessary to find a qualified individual to fill in for the Clerk during her absence. I have advised the City Council that a suitable temporary replacement would be found and employed prior to the Clerk's February departure date, to insure a smooth transition. Section 24 of the Charter provides the City Manager shall hire all City employees, except the City Attorney and the City Cleric Hiring the City Clerk is in the purview of the Council. Unless otherwise delegated to the City Manager, this purview arguably includes any hiring action involving the position, whether the subject is an Acting, Interim or Permanent appointment. Because of the timing involved in securing a qualified substitute for the Clerk, the hiring decision could not be brought to Council for action before the need to employ the individual occurred. Accordingly, I have executed an agreement with Bolt Staffing Services, Inc., the agency that assisted the City in filling the temporary Deputy Clerk vacancy, to hire Mr. David Concepcion as Acting City Clerk, in the Clerk's absence. Mr. Concepcion possesses four years of combined experience as a City Clerk in both California and Florida jurisdictions, as well as several more years of relevant local government experience. Mr. Concepcion received very good references, and was well regarded by the City's interview panel for his experience, demeanor, and enthusiasm for Municipal government and the Clerk's role in it. The attached resolution ratifies this hiring decision, made on the City Council's behalf, to maintain consistency with our respective duties and powers pursuant to the City Charter. FINANCIAL IMPACTS The attached Agreement contemplates compensation in an arnoumt not to exceed $20,000, which provides sufficient funding should the City Clerk be required to extend her leave, The estimated cost of services for the period from February 24, through March 27, 2015, including compensation for the employee and Bolt's fee, is $13,364. From its fee, Bolt is responsible for all applicable employment-related insurances and withholdings. Funding for this expense is available in salary savings in the Clerk's budget from the vacant Deputy position. Salary savings remaining through January, 2015, after deducting amounts paid for temporary clerical support, were approximately $61,000. ATTACHMENTS 1. Resolution 2. Exhibit A to Resolution ATTACHMENT I RESOLUTION RATIFYING THE CITY MANAGER'S EXECUTION OF AN AGREEMENT WITH BOLT STAFFING SERVICES, INC. FOR ACTING CITY CLERK SERVICES WHEREAS, the City Charter, at Section 24, empowers the City Manager to appoint certain department directors and all subordinate officers and employees of the City; and WHEREAS, the City Charter, at Section 64, empowers the City Council to appoint the City Clerk, who shall serve at the Council's pleasure; and WHEREAS, pursuant to an employment agreement, the City Council appointed Claire Cooper to the position of City Clerk in 2005; and WHEREAS, staffing in the City Clerk's Office consists of two positions, the City Clerk and a Deputy City Clerk; and WHEREAS; the City Clerk may delegate duties to the Deputy City Cleric such that the Deputy City Clerk may substitute for the City Clerk during periods of her absence; and WHEREAS, the City Cleric advised in late January, 2015 that she needs to take leave from February 27, 2015 through March 2015; and WHEREAS, the position of Deputy City Clerk is vacant, so that a Deputy City Clerk is not available to substitute for the Clerk during that period: and WHEREAS, it is necessary to hire an Acting City Clerk, with all of the qualifications and experience necessary to provide coverage for the City Clerk during this absence; and WHEREAS, the City has acquired the services of David Concepcion to act as City Clerk during her absence, through a Professional Services Agreement with Bolt Staffing Services, Inc., and Ire will commence work on February 24, 2015 to familiarize himself with the operation of the City Clerics Office before she takes her leave; and WHEREAS, as time did not exist to bring the Agreement to the City Council so that it could exercise its hiring authority under the Charter before February 24, 2015, the City Manager executed a Professional Services Agreement with Bolt Staffing Services, Inc., a copy of which is incorporated herein as Exhibit A. NOW, THEREFORE BE IT RESOLVED THAT the City Council ratifies the Agreement with Bolt Staffing Services, Inc., incorporated as Exhibit A. as executed by the City Manager. 4 THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of 20_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Bolt Staffing Service. Inc., a temporary staffing agency ("Consultant') (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $20.000 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. I PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) April 2009 Z EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Acting City Clerk to Resolution (Title of Project) FY 141415 Fund # 1100 Cost Center 11320 Object Code 54161 Project # Amount $ For multi-year contracts or contracts with multiple accounts: FY —Fund # _ Cost Center Object Code _ Project # _ Amount $_ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # _ Cost Center Object Code Project # _ Amount $ FY _ Fund # _ Cost Center Object Code _ Project # _ Amount $_ FY— Fund # Cost Center _ Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into and effective as of 20_ ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City") and Bolt Staffing Service. Inc., a temporary staffing agency ("Consultant') (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $20.000 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W-9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. I PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) April 2009 Z E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on 4/9/2015, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 9 PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES (1037730) April 2009 d .: 10. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: making government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perforni all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perforni all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the frill extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 3 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (1037730) April 2009 /I 17. Compliance With All Laws. Consultant shall fully comply with all applicable Local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Prevailing Wages. This Agreement is subject to the requirements of the California Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as described in Exhibit A will be performed in accordance with all applicable requirements of the California Prevailing Wage Law, including, but not limited to, all applicable requirements contained in Exhibit B, which is attached to and made a part of this Agreement. 19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City docmnents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement at Exhibit B, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 20. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; 4 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (1037730) April 2009 �( (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778-4360 Fax: (707) 778-4554 Email: cityclerk@ci.petalruna.ca.us Consultant: And: Bolt Staffing Service Inc. 3427 Broadway, Suite F-2 American Canyon. CA 94503 Phone: 707.552.7800 Fax: 707.552.6364 Email: JTanner@,boltstaffrne.com Phone: Fax: Email: 22. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in 5 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES (1037730) April 2009 connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees. The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1, " `B-2, " "B-3, " or "B-4. "] 25. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. 27. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 6 PROFESSIONAL SERVICES AGREEMENT - PREVAILING WAGES (1037730) April 2009 28. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with thisAgreementshall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 33. Consultant's Boolo and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or 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 pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 7 PROFESSIONAL SERVICES AGREEMENT -PREVAILING WAGES l (1037730) April 2009 l \ 34. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein, 35. Survival, All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability bctwcen City and Consultant shall survive the termination or expiration of this Agreement. 36, Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written, /CIT^Y OF PPEETALL/UMA CONSULTANT [� By .�'tiLLGCPit-�i-- City Manager Nmne Ll ATTEST: 01-�o APPROVED AS TO FORM: APP LOVED: sk My1, gcr APP D Fi i ' e or alc nnmc: 95-5 ivraa wcwj Addrass jon,oryta City Slnte .Zip Taxpayer I.D. Number 0a52ra6V:5- Petalunm Business Tax Certificate Number PROFESSIONAL SERVICES AOREGMEM'—PREVAILINO WAOES (1037730) April .009 0 Exhibit A.2 — Scope of BOLT Work Good People. Fast This Scope of Work, by and among BOLT Staffing Service, Inc. (the "Consultant") an Idaho Corporation, and the City of Petaluma (the "City") for the specific position of Acting City Clerk is as follows. 1. CONSULTANT SERVICES. a. The Consultant agrees to use reasonable efforts to supply City with candidates for direct hire and/or temporary placement as City may request from time to time. Consultant will recruit, evaluate, interview and place a qualified candidate to fill positions based on the job description and information City provides. 2. TEMPORARY ASSIGNMENTS. a. Employment Status. Candidates on temporary assignments ("Temporaries") are the employees of the Consultant. The Consultant shall be solely responsible to pay, when due, all wages and other applicable forms of compensation or reimbursement and all applicable federal, state and local withholding taxes and unemployment taxes, as well as social security, state disability insurance and all other payroll costs payable to, or on behalf of, the Temporaries. The Consultant shall maintain workers' compensation insurance as prescribed by law for all Temporaries working at the City's worksite. b. City Supervision. Temporaries work under the City's sole supervision. City shall, at its own cost, provide such workspace and supplies as are reasonably required for each assignment. City shall be solely responsible for providing Temporaries with such day-to-day guidance, assistance and other information as is necessary for the successful and timely completion of each assignment. c. Time Records/Invoices, Temporaries shall present time records to City's representative on a weekly basis for verification and signature regarding hours worked through the end of each week. City shall pay the Consultant on an hourly basis for all hours worked by each Temporary at a mark-up of forty- eight percent (48%). City shall be billed on weekly basis for the total hours worked plus the Consultant's fee. d. Payment Terms. As invoices represent payroll already paid to the candidate, payment terms are NET -20 (twenty days of the invoice date). e. Conversion Fee. If City converts a Temporary to its payroll, engages the services of the Temporary as an independent contractor, , City agrees to pay a conversion fee. The conversion fee shall be twenty percent (20%) of the Temporary's first year estimated compensation, less any applicable discount reflecting previous length of the temporary assignment. For purposes of this section, convert is defined as hiring the Temporary without the City conducting an open, competitive recruitment for which the Temporary was performing the duties. 1 of 3 140 Hours Completed On Discount The Assignment Up to 120 Not applicable 121-320 25% 321-520 50% 521+ 75% 3. DIRECT PLACEMENT. a. City shall pay the Consultant twenty (20%) of the employee's annual compensation, including any signing bonus but excluding the value of any employee benefits provided to the employee, as a placement fee for all direct placements. For purposes of the Agreement, a "direct placement" occurs whenever a City hires, contracts with, engages or otherwise receives the services of a person, directly or indirectly, who has been introduced to, recommended to or interviewed by the City through the services of the Consultant within one year after the last introduction, recommendation, or interview without the City conducting an open, competitive recruitment for which the Temporary was performing the duties. Invoices for direct placements are due and payable NET -20 (within twenty days of the invoice date). b. Consultant will conduct reference checks and background checks and/or attempt to verify information about candidates only upon written request of City. All reference checks, background checks and attempts to verify information pertaining to candidates are subject to the "No Warranty/Limitation on Liability' provisions of this Agreement. 4. GUARANTEE. If for any reason City is dissatisfied with a particular Temporary provided by the Consultant, the Consultant will remove such Temporary immediately upon receipt of notice from the Consultant and replace him or her as soon as reasonably practicable. If the City notifies the Consultant of its dissatisfaction prior to the conclusion of the Temporary's first four hours of work, Consultant will not charge City for the first four hours of service provided. If a change of a Temporary on any assignment is required due to circumstances beyond the control of the Consultant, the Consultant shall use reasonable efforts to replace such Temporary as quickly as possible, to City's satisfaction. If a direct hire candidate resigns or is discharged for any reason within the first 30 consecutive calendar days of employment, the Consultant will provide a replacement for the same job and same terms of employment. If a direct hire candidate resigns or is discharged for any reason after 30 consecutive calendar days but within 90 calendar days of employment, the Consultant will apply a credit of 1/90" -of the placement fee for each day remaining of the 90 day guarantee. The credit may be applied only to the fee for finding a replacement candidate for the position vacated by the original candidate. These guarantees are contingent upon City's payment of the Consultant's invoices within twenty (20) days after the Consultant sends them to City. Notwithstanding any course of business to the contrary, failure to pay Consultant's invoices within ten days renders all guarantees set forth herein void. These guarantees are in lieu of all other guarantees or warranties, express or implied. 5. NO WARRANTY. Consultant makes no express or implied warranty, including but not limited to, any warranty of the quality of any Candidate for direct hire or temporary placement ("Candidate"), the accuracy of any information supplied by any candidate or by any employee or agent of the Consultant, or of the quality, performance, merchantability or fitness for any purposes of the services performed under this Agreement. . 2 of 3 140 IN WITNESS WHEREOF, the parties have executed tills Scope of Work, effective as of the date and year first above written. BOLT Staffing Service, Inc, Date: a - a 3 - 7.S Signed: (a ��44LZI t14 /—� 4 U i'G Wil Sam o,"s PflntName; e E) Tifla- G� American Canyon (707) 652-7800 City of Petaluma Date: Signei: e9K�/ Print Name:-Joh,°ern,`�I )/ .y r Z/to/J Title; l /TL / %4NA6-&t= Internet: WWW.beitSlaffInq,com 3of3 Sonoma (707) 939-2800 140 PREVAILING WAGE EXHIBIT B I glee"Mrsia"Arel , A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day's work under this Agreement. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Services is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each worker employed in the performance of the Services for each calendar day during which the worker is, required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Services are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file with the City and shall be made available on request. The Consultant and subconsultants engaged in the performance of the Services shall pay no less than these rates to all persons engaged in performance of the Services. B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants engaged in performance of the Services shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Services that the Consultant or any subconsultant pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subconsultant in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subconsultant had knowledge of their obligations under the California Labor Code. The Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 el seq. (1037770) (Sept 2007) N Consultant or subconsultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subconsultant worker engaged in performance of the Services is not paid the general prevailing per diem wages by the subconsultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: The Agreement executed between the Consultant and the subconsultant for the performance of part of the Services shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subconsultant by periodic review of the subconsultant's certified payroll records. 3. Upon becoming aware of a subconsultant's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for performance of the Services. 4. Prior to malting final payment to the subconsultant, the Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Services and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subconsultant engaged in performance of the Services, shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Services. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any Services performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. 2 Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770) (Sept 2007) D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subconsultants engaged in performance of the Services, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subconsultant engaged in performance of the Services to employ on the Services any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. rile name: Prevailing Wage Exhibit for Service Agreements Provisions Required Pursuant to California Labor Code § 1720 et seq. (1037770)(Sept 2007) , INSURANCE REQUIREMENTS EXHIBIT B-2 Consultant's performance of the Services raider this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1;000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or Exhibit B2 Page I of 2 ry INSURANCE REQUIREMENTS (City) i V� (809325) Apri12010 l self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given_ to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the Services commence. Exhibit B2 Page 2 of 2 INSURANCE REQUIREMENTS (City) 6Nn (609325) April 2010 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement') between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: ® Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and/or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints, Citations and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 f, SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: POSTS rte/ tf 6 JL--�ZVt CG � 14,ee. Date: (Print Name of Covered Entity/Business Capacity) py. c�%or�cohSanr�e�s (Pri`ntName) /a/ b t uL(iCt&� (Signa ure) Its CF"y (Title /Capneity of Authorized Signer) Page 2 of 3 a2 -.23—/S UVINO WAGE ACKNOWLM)OFNIENr AND CERTIFICATION (1636697.2) Nov 2012 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND/OR I+INDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOREACH WAGE, HOUR, COLLEC'PIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL Olt CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO TILE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD, WHICH; o AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA COMMUNITY DEVELOPMENT COMM ISS ION -FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8,36 (LIVING WAGE ORDINANCE.), AND a HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIORTOTHE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMCNP AND CERTIFICATION IS MADE. PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURI' Iv1AKINO THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MAPPER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHAROE COMPLAINT, CITATION OR FINDING, IF NONE, PLEASE STATE "NONE'; w0 Al Cr ATTACH ADDITIONAL PAGES IF NEEDED, Dale; Regulatory Agency or Court: Subject Matter; Resolution, if any; Expected resolution, iflmown: Page 3 of 3 LI VINO WAOG ACKNOWLCOGWENT AND CERTIFICATION (1638697.2) Noy 2012 ��j CERTIFICATE OF LIABILITY INSURANCE oDnTn^MMIDDIYYYY) 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 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 conferrights to the certificate holder in lieu of such endorsemnnHsl. PRODUCER lssurance Agency, Ltd. ane Century Centre 1750 E. Golf Road ichaumburg IL 60173 INSURED Bolt Staffing Service, Inc. 955 Broadway Sonoma CA 95476 COVERAGES CERTIFICATE NUMBER: 2095312895 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. (LTR TYPE OF INSURANCE INSft SUEIR MD POLICY NUMBER POLICY EFF MMIODNYYY LIMITS GENERAL ABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1:1 OCCUR _ AGE TO RENTI:T— ISESIF.occurrence S MED EXP (Any one erson) 5 PERSONAL 6 AOV INJURY S GENERALAGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY r I PIrCTRO LOC 5 AUTOMOBILE LIABILITY Ea accitlenl �INULL 5 BODILY INJURY (Per person) 5 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident 5 ( ) HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per acdtlent 5 UMBRELLA UAB Ll OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS -MADE' AGGREGATE 5 DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' UABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVEE.L OFFICER/MEMBER EXCLUDED? ry-1NIA WC571425207 2/l/2014 12/1/2015 - X WCSTATU- DAY EACH ACCIDENT S1,000,000 EL DISEASE - EA EMPLOYEE S1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS below T7 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom space is required) Workers Compensation and Employers' Liability: Any Proprietor/Partner/Executive Officer/Member, as listed on the policy, is excluded. A Waiver of Subrogation in favor of the Certificate Holder applies to the Worker's Compensation policy, when required by written contract and where allowed by law. City of Petaluma P.O. Box 61 Petaluma CA 94953 IR,1C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i 1 aRR_�n1n Acnan r•naonannnnl nn a..hf� .e�.,.,,,,.1 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD BOLTSTA-01 PPISANO CERTIFICATE OF LIABILITY INSURANCE OAe0f/YYYI 1 7/1012014 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 BYTHEPOLICIES 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the forms 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 endorsoment(s). PRODUCER CTK North American Insurance Services, LLCtl 1240 North Lakeview Avenue, 14240 Anaheim, CA 92007 CO ACT NAME: •( PNONE 714) () 779.2000 NC Na 714 779.4129 NC Na E ADDRESS! INSURERMI AFFORDING COVERAGE NAIC9 INSURER A:Zurich American Insurance Co. Of IL 27855 INSURED Bolt Staffing Service, Inc. P.O. Box 277 Vineburg, CA 95407 INSURER a:AmerIcan Guarantee and Liability Ins. CO. 26247 INSURER C o 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTn TYPEOFINSURANCE 11 English Street Petaluma, CA 94952 AUTHORIZED /"`REPRESENTATIVEVE - ,0ENoi POLICY NUMBER MMIDDNYYY MMIDONYXP LIMITS A X COMMERCh1LGENERALUASiLITy EACH OCCURRENCE i 1,000,00 CLAS -MADE aOCCUR IM X X PRA590859301 06107/2014 06/0712016 PREMISES En manE c0 e_ i nan _100,00 MED EXP [Any one person) $ 10,00 X Owner's & Contractor PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPUES PER: GENERALAGGREGATE $ 2,000,00 PRODUCTS -COMPIOP AGG 3 2,000,00 X POLICY jECT F-1 LOC $ OTHER AUTOMOBILE LIABILITY COM0INED SINGLE LIMIT S 1,000,00 verci Gal) _ BODILY INJURY(Perperpen) 3 A ANYAUTO X X PRA590059301 06107/2014 06/07/2015 BODILY INJURY (Par amidenl) $ AUTALLOWNED A�OESULEO NON -OWNED X HIRED AUTOS X AUTOS PROP R� DTI' AMAGE 3 per. meet 3 X' UMBRELLA UAB X OCCUR EACH OCCURRENCE 3 5,000,00 AGGREGATE 3 5,000,00 B EXOESSUAB CLAIMSLMAOE LIM13549954301 06/0712014 06/0712016 BED I I RETENTIONS 3 - WORKERS COMPENSATIONSTATUTE AND EMPLOYERS' UABWTY ANY PROPRIETORIPARmERIEXECUTIVE YIN EI OFFICEMAEMBER EXCLUDEDy (Mandamry In NH) ER E.L. EACH ACCIDENT 3 E.L DISEASE -EA EMPLOYE $ EL DISEASE -POLICY LIMn 1 S ifea,tlmoibpander OE SCRIPTION OF OPERATIONS helm A Crime PRA590869301 06/0712014 0610712015 $2,500 Deductible 600,00 A Professional Llab. PRA690859301 06107/2014 0610712015 Ded$2,500$1M1$2M DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Aedlinnil Remarks Schedule, may he rllrchad Ir meta spec. la ropulrad) City of Petaluma Its officers, officials, employees, agents and voluntours ata named as additional Insured as respects to general and auto liability. Insurance afforded Is primary and noncontributory. Waiver of Subrogation in favor of City of Petaluma as respects to panoral and auto liability. City of Petaluma shall be given 30 days written notice of cancellation. CERTIFICATE HOLDER CANCELLATION m 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo aro registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City CI Of Petaluma THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Dianne Dinsmore 11 English Street Petaluma, CA 94952 AUTHORIZED /"`REPRESENTATIVEVE - ,0ENoi m 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo aro registered marks of ACORD POLICYNUMBER: PRA590859301 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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 SCHEDULE Any person or organization who you are required to add as an additional Insured on this policy under a contract or agreement shall be an insured, but only with respect to that person's or organization's liability arising out of your operations as a "Staffing Service" or premises owned by or rented to you. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organ- izatlon(s) shown in the Schedule, but only with re- spect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you, CO 20 26 07 04 © ISO Properties, Inc„ 2004 Page 1 of 1 ❑ POLICY NUMBER: PRA 5908593-01 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 with whom you have a written contract or written agreement which Is executed before a "staffing services" "occurrence" to waive your rights of recovery. Information required to complete this Schedule, If not shown above, will be shown In the Declarations. The following is added to Paragraph 5. 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 adsing 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 "V POLICY NUMBER: PRA 5908593-01 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modl• tied by this endorsement. This endorsement Identifies person(s) or organizalfon(s) who are "insureds" under the Who Is An Insured Provl- slon of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception dale of the policy unless another date Is Indi-cated below. Endorsement Effective: Countersigned By: Named Insured: Boll Staffing Service, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or to which you are required to provide additional Insured status or additional Insured status on a primary, noncontributory basis, In a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule Is an 'Insured" for Liability Coverage, but only to the extent that person or organization qualities as an 'Insured" under the Who Is An Insured Provision contained In Section 11 of the Coverage Form. CA 983 (2.99) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 YL POLICY NUMBER: PRA 5908593-01 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. waiver of transfer of rights of recovery against others to us (waiver of subrogation) This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorse-ment. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Ind!-cated Named Insured: Bolt Staffing Service, Inc. Endorsement Effective Date: SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) All persons and/or organizations that require in a written contract or agreement with the insured, executed prior to the accident or loss, that Waiver of Subrogation be provided under this policy for work performed by you for that person and/or organization. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. The TransferOf Rights Of Recovery Against Oth- ers To Us Condl5on does not apply b the person(s) or organizeQon(s) shown In the Schedule, but only to the extent that subrogation Is walved prior to the "ac- cident" or the "lost' under a contract with that person or organization. CA 04 44 03 10 ©Insurance Services 0111ce, Inc., 2009 Page 1 of 1 0