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HomeMy WebLinkAbout2016-279-E AMS - Robert Half International, Inc. to provide temporary staffing services DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56FO9D56AB TITLE Temp Services— Robert Half Intl. Inc. FY FY2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 18`h day of M a y, 2016 ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Robert Half International Inc., dong business through its division OfficeTeam (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement: The services (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provider shall provide temporary staffing services ("Assigned Individuals") to the County as requested. The term of this agreement rendered shall be from the Effective Date to the date which is one (1) year after the Effective Date. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC, TERMS 1. Payment: The County agrees to pay at the rates specified for Services performed in accord with this Agreement. Hourly bill rates shall be negotiated by the parties on a case-by-case basis. Legally required overtime (federal law requires in excess of 40 hours a week, state law varies) will be billed at one and one-half(1'/z) times the normal billing rate. Provider's Assigned Individual will submit a time sheet or an electronic time record for County's verification and approval at the end of each week. County's approval of the Assigned Individual's timesheet will indicate its acceptance of the terms provided in Provider's letter confirming the engagement of that Assigned Individual. The amount to be paid by the County shall not exceed fifteen thousand dollars ($15,000.00). Notwithstanding anything to the contrary herein, Provider may at any time, in its sole discretion, discontinue performance of the services once the not- to-exceed amount has been attained (even if Provider continued to provide services after the not-to-exceed amount was reached). County will be billed weekly for the total hours worked. Payment shall be made within thirty(30) days of an invoice properly submitted to County. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated Revised 1/16 1 DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56F09D56AB as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at Revised 1/16 2 DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56F09D56AB http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A. Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures:tures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66, as applicable. 8. Governing Law and Priority Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes, as applicable. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. 11. Miscellaneous: (a) County shall supervise Provider's Assigned Individuals providing services to County. County will not permit or require a Provider Assigned Individual: (i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements; (iii) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable instruments or valuables; (iv) to perform services remotely (e.g., on premises other than the County's or the County's customer's premises), or to use computers, or other electronic devices, software or network equipment owned or licensed by the Provider Assigned Individual; or (v) to operate machinery(other than office machines)or automotive equipment. (b) This Agreement is only applicable to, and the only Robert Half International Inc. branch and Revised 1/16 3 DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56F09D56AB division obligated under this Agreement are, the OfficeTeam division of the branch office located in Chapel Hill,North Carolina. (c) Provider checks references of its Assigned Individuals only by asking specific questions to select past employers with regard to skills and work history before it places an individual on his or her first assignment. To the extent permitted by applicable law, Provider will have a third party vendor perform a seven (7) year criminal background investigation by having the third party perform a search of its private database of U.S. national criminal records searching for felony convictions and misdemeanor convictions for crimes of dishonesty. County understands and agrees that the third party vendor's database of U.S. national criminal records (i) is maintained by the third party vendor and not a governmental entity, (ii) is an incomplete aggregation of criminal records and (iii) will not reveal or identify all criminal convictions. If County requests a copy of the results of the foregoing checks (the "Report"), County agrees, subject to the requirements of Chapter 132 of the North Carolina General Statutes to keep the Report strictly confidential and to use the Report for employment purposes only. County agrees to pay for the cost of the criminal background investigation within thirty(30) days of receipt of invoice for the same. (d) Provider may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes,benefits or other costs that may result from any applicable government authority or action). Provider will provide written notice to County of the increase in its rates. Any increase in Provider rates will be prospective, starting as of the effective date Provider specifies in the notice. Any such increase shall only be effective upon the execution of an amendment to this Agreement. (e) Notwithstanding anything to the contrary in this Agreement, Provider shall not be liable for, or have any duty of indemnification with respect to any acts or omissions of County. (f) In the event County wishes to convert any of Provider's Assigned Individuals, County agrees to pay a conversion fee in accordance with this section. The conversion fee will equal 30% of the Assigned Individual's aggregate annual compensation, including bonuses. The conversion fee is payable if County hires the Assigned Individual, regardless of the job classification, on either a full-time, temporary (including temporary assignments through another agency) or consulting basis within twelve months after the last day of the assignment. The same calculation will be used if County converts Provider's Assigned Individual on a part-time basis using the full-time equivalent salary; however, the conversion fee will not be less than$1,000. (g) Any respective obligations of Provider or County hereunder which by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration. (h) Provider certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 143-6A et seq. In compliance with the requirements of the Iran Divestment Act Provider shall not utilize in the performance of this Agreement any subcontractor or consultant that is identified on the Final Divestment List. [SIGNATURE PAGE TO FOLLOW] Revised 1/16 4 DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56F09D56AB IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Robert Half International Inc LOL —DocuSigned by: DocuSigned by: By: 661AA , �cuMw(" By: (,tiuY't,In, C. CaSSJ� County anager Title: sr. Regional vice President 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 1/16 DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56FO9D56AB DATE(MM/DD/YYYY) Ac�o!z°® CERTIFICATE OF LIABILITY INSURANCE F3/18/2016 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 confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Robert Half Certificates Arthur J. Gallagher&Co. P"°NE 818-539-1463 FAX 818-539-1801 Insurance Brokers of CA, Inc. License#0726293 a/c No 505 N. Brand Boulevard, Suite 600 ADDRESS:roberthalf_certificates @ajg.com Glendale CA 91203 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Federal Insurance Company 20281 INSURED ROBEHAL-03 INSURER B:Insurance Company of State of PA 19429 Robert Half International Inc. INSURER C: including Office Team 2613 Camino Ramon INSURER D San Ramon CA 94583 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:480027392 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 INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 35796687 6/1/2015 6/1/2016 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $2,000,000 X Stop Gap Em.Liab MED EXP(Any one person) $10,000 X in OH WA WY ND PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Employer Liability $1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 73233217 6/1/2015 6/1/2016 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOS NED SCHEDULED BODILY INJURY(Per accident) $AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident Comp/Coll.Ded: $1,000/$1,000 A X UMBRELLA LIAB X OCCUR 79217107 6/1/2015 6/1/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION See attached Supplemental 6/1/2015 6/1/2016 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? "/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance Only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough NC 27278 USA AUTHORIZED REPRESENTATIVE �1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56FO9D56AB 2016.2016 RHI Workers Compensation Policy/Numbers Pol_ icy# States Policy Entity Eff.Date Ex D.Date Issuing Company RAIfPR©TNITI< AOS:AL,AR,AZ,CO,CT, DC, DE,GA, HI, IA,ID, IL,IN,KS, KY, LA, MD,MI,MN, MO, NC, NE, NH, NJ, NM,NV,NY,OK,OR,PA,RI, 49901191 SC,TN,TX,UT,VA RHI/Protiviti 6/1/2095 6/1/2016 Ins.Co.of the State of Penn 49901195 CA RHI/Protiviti 6/1/2015 6/1/2016 Ins,Co.of the State of Penn 49901196 FL RHII Protiviti 6/1/2015 6/1/2016 Ins.Co,of the State of Penn 27527602 ME RHI/Protiviti 6/1/2015 6/1/2016 Ins, Co.of the State of Penn 49901197 MA,WI RHI/Protiviti 6/1/2015 6/1/2016 Ins. Co.of the State of Penn .._ .._....... . .., .AOS. CO, DC,GA, IL,MD,N. Y, 49901202 OK,PA,TX,UT,VA Prot.Govt.Svs. 6/1/2095 6/1/2016 Ins.Co.of the State of Penn 49901207 MA,NJ Prot,Govt.Svs. 6/1/2015 6/1/2016 Ins.Co.of the State of Penn 49901206 CA Prot, Govt.Svs. 6/1/2015 6/1/2016 Ins.Co.of the State of Penn 27527603 IFL Prot.Govt.Svs. 6/1/2015 6/1/2016 ins.Co. of the State of Penn I f f I I DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56FO9D56AB [La Off i ceTea me A Robert Half Company March 21,2016 Personal &Confidential BRENNON BOUMA Job Order Number:03260-105072 ORANGE, COUNTY OF, DEPT. OF PUBLIC 600 HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 Dear Brentnon, Thank you for selecting OfficeTeam to meet your staffing needs. Ana Elezovic is scheduled to start with Orange,County of, Dept.of Public as a Data Entry Clerk on 03-21-2016.As agreed,we will invoice your firm at the rate of$20.32 per hour.If applicable,overtime will be billed at 1.50 times such rate. Please find the enclosed General Conditions of Assignment and Terms of Payment for your review. Our professional will submit either an electronic time record or a time sheet for verification and approval at the end of each week. T-@R„o g j Dac= U OfficeTeam specializes in the placement of highly skilled office and administrative support professionals on a temporary d temp-to-full-time basis. We are a division of Robert Half International Inc.,the world's leader in specialized consulting an staffing services since 1948. Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to workin with you. Sincerely, The contract will be the governing document. OfficeTeam 6320 Quadrangle Dr. Suite 160 Chapel Hill,NC 27517 (800)804-8367 ©Robert Half International Inc.,2014.All rights reserved. An Equal Opportunity Employer M/F/DN DocuSign Envelope ID: BOCE6194-B520-4413-8CB6-FF56FO9D56AB [La Off i ceTea me A Robert Half Company April 20,2016 Personal &Confidential ALAN DORMAN Job Order Number:03260-105121 ORANGE, COUNTY OF, DEPT. OF PUBLIC 600 HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 Dear Alan, Thank you for selecting OfficeTeam to meet your staffing needs. Tim Conklin is scheduled to start with Orange,County of, Dept.of Public as an Office Assistant on 04-18-2016.As agreed,we will invoice your firm at the rate of$20.32 per hour.If applicable,overtime will be billed at 1.50 times such rate. Please find the enclosed General Conditions of Assignment and Terms of Payment for your review. Our professional will submit either an electronic time record or a time sheet for verification and approval at the end of each week. Terms of PwymeM. OfficeTeam specializes in the placement of highly skilled office and administrative support professionals on a tempora and temp-to-full-time basis. We are a division of Robert Half International Inc.,the world's leader in specialized consulting a d staffing services since 1948. Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to work g with you. Sincerely, The contract will be the governing document. OfficeTeam 6320 Quadrangle Dr. Suite 160 Chapel Hill,NC 27517 (800)804-8367 ©Robert Half International Inc.,2014.All rights reserved. An Equal Opportunity Employer M/F/DN