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11-0801_MUNITEMPS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 1st day of August, 2011, by and between the San Juan Capistrano (hereinafter referred to as the "City") and Muni Temps (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal professional staffing services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than October 31, 2011. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $25,000 as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 9. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https,./fe-verify.uscis.gov/enroll/. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Sections 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys` fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any 3 insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 12.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of G1 activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, Fired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 12.5 Errors and Omissions Coverage [FOR PROFESSIONSIWORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 12,6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12,7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 12.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or 5 to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Human Resources Department To Consultant: Muni Temps 2300 E. Katella Ave., Suite 210 Anaheim, CA 92806 Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CIT OF SAN JPAN CAPISTRANO d ren P. bruit, City Manager CONSULTANT aMOA JCW&� [) Omar Sa oval, City Attorn I y IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Los _ ............ Karen P. Brust, City Manager CONSULTANT 7 Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES INC., DBA MUNITEMPS, with its corporate office located at 2380 EAST KATELLA AVENUE, SUITE 210, ANAHEIM, CA 92806 ("STAFFING FIRM"), and the CITY OF SAN JUAN CAPISTRANO, with its principal office located at 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 ("CITY") agree to the terms and conditions set forth in this Municipal Staffing Agreement (the "Agreement'). STAFFING FIRM's Duties and Responsibilities 1. STAFFING FIRM will: a. Recruit, screen, interview, and assign its employees ("Assigned Employees") to perform the type of work described on Exhibit A under CITY's supervision at the locations specified on Exhibit A; b. Pay Assigned Employees' wages and provide them with the benefits that STAFFING FIRM offers to them; c. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees; CITY's Duties and Responsibilities 2. CITY will: a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services, and intellectual property; b. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without STAFFING FIRM's express prior written approval or as strictly required by the job description provided to STAFFING FIRM; c. Employees of STAFFING FIRM will not drive CITY vehicles unless the CITY covers these employees under its general and auto liability insurance policy. CITY shall provide STAFFING FIRM a certificate of insurance naming STAFFING FIRM as additionally insured before STAFFING FIRM employees drive CITY vehicles. d. Provide Assigned Employees with a safe work site and provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site; EXHIBIT A Government Staffing Services, Inc. e Q L"T-e S. Municipal Staffing Agreement - City of SAN JUAN CAPISTRANO e. Not change Assigned Employees' job duties without STAFFING FIRM's express prior written approval; and f. Exclude Assigned Employees from CITY's benefit plans, policies, and practices, and not make any offeror promise relating to Assigned Employees' compensation or benefits. Payment Terms, Bill Rates, and Fees 3. CITY will pay STAFFING FIRM for its performance at the rates set forth on Exhibit A for each Assigned Employee and will also pay any additional costs or fees set forth in this Agreement. STAFFING FIRM will invoice CITY for services provided under this Agreement on a Semi -Monthly basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CITY's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes STAFFING FIRM to bill CITY for those hours. If a portion of any invoice is disputed, CITY will pay the undisputed portion. 4. STAFFING FIRM may assign two classes of Employees at CITY. (1) "Executive" Employees are presumed to be exempt from laws requiring premium pay for overtime, holiday work, or weekend work. These Employees are assigned on a fixed monthly salary contract which will be paid and pro rated on a bi-weekly pay cycle. When assigned Employee completes project at CITY, CITY will be required to pay the pro rated amount of the monthly salary contract agreed to in Exhibit Aa as of the full week ending last day worked at the CITY. (2) "Non -Executive" Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work, STAFFING FIRM will charge CITY special rates for premium work time only when an Assigned Employee's work on assignment to CITY, viewed by itself, would legally require premium pay and CITY has authorized, directed, or allowed the Assigned Employee to work such premium work time. CITY's special billing rate for premium hours will be the same multiple of the regular billing rate as STAFFING FIRM is required to apply to the Assigned Employee's regular pay rate. (For example, when federal law requires 150% of pay for work exceeding 40 hours in a week, CITY will be billed at 150% of the regular bili rate.) 5. If CITY uses the services of any Assigned Employee as its direct employee, as an independent contractor, or through any person or firm other than STAFFING FIRM during or within 183 days after any assignment of the Assigned Employee to CITY from STAFFING FIRM, CITY must notify STAFFING FIRM and pay a lump sum equal to (a) 9% of the annual salary of Assigned Employee if that Employee has worked a minimum of 980 hours or (b) 18% of the annual salary of Assigned Employee if the Employee has worked less than 980 hours for CITY. Confidential Information 6. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their CITY's. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CITY's confidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. E Government Staffing Services, Inc. .um,TTemps M.hl wStcflmOS Wfl , Municipal Staffing Agreement - City of SAN iUA 7 CAPISTRANQ Cooperation 7. The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Indemnification and Limitation of Liability 8. To the extent permitted by law, STAFFING FIRM will defend, indemnify, and hold CITY and its directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by STAFFING FIRM's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of STAFFING FIRM or STAFFING FIRM's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 9. To the extent permitted by law, CITY will defend, indemnify, and hold STAFFING FIRM and its parent, subsidiaries, directors, officers, agents, representatives, and employees' harmless from all claims, losses, and liabilities (including reasonable attorneys' tees) to the extent caused by CITY's breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence, gross negligence, or willful misconduct of CITY or CITY's officers, employees, or authorized agents in the discharge of those duties and responsibilities. 10. As a condition precedent to indemnification, the party seeking indemnification will inform the other party within 15 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter. 11. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Miscellaneous 12. Notwithstanding any other provision of this Agreement to the contrary, the provisions of paragraphs 9 - 13 shall remain effective after termination or renewal of this Agreement. 13. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 14. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 15. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 16. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. ' Te_ -n1 i R Munisip'n[5saPPinp Solutions Goverrunent Staffing Services, Inc. Municipal Staffing Agreement - City of SAN JUAN CAPISTPANO 17. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 18. Neither the CITY nor Staffing Firm will transfer or assign this Agreement without either party's written consent. 19. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 20. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party. 21. The provisions of this agreement shall be entered into according to the laws of the State of California. Term of Agreement 22. This Agreement will be for a term of 12 months from the first date on which both parties have executed it. This agreement may be extended for 12 additional months by mutual agreement of both parties. The Agreement may be terminated by either party upon 24 hours written notice to the other party. Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. GOVERNMENT STAFFING SERVICES, INC. Signature Printed Name Title Title Cate Cate M � � 1 S « $ 0 otw D mm 0 � ► \ / c OP ID: ME , A pp�� ��pp AA���a CERTIFN-ATE OF LIABILITY 1� SL.. !WINCE DATE (MM/00ffYYY) 1 07/28111 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). PRonucrRACT 714-779-2000 CTK North American'. Insurance Services, LLC 714-779-4128 1240 N Lakeview Ave, Suite 240 Anaheim, CA 92807 Judy Steckman ANME- PHONE FAX A1C _Ido I AIL ADDRE-rDR ESS: PRODUCER �__..�... CUSTOMERIDtI:MUNIT-I INSURER(S) AFFORDING COVERAGE NAIC ii OAEATTO RENTED PREMISES ,Ea occurrence $ INSURED GovernmentStaffing Service Inc dba:Munitemps-Municipal INSURER A: National Union Fire Ins 119445 INSURER B: _.. INSURER C; Staffing Solutions dba Munigroup dba: Herrera & Assoc 2300 E. Kateila Avenue, #210 INSURER D, _ INC Anaheim, CA 92806 INSURER E: 2,000,/)0 i GEN'L AGGREGATE LIMIT APPLIES S PER: 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. RSA _ TYPE OF INSURANCE 15 LSi1BR�� POLICY NUMBER MMIi]C�fYYYY MM7i?I3fYYYY LIMITS LTR WVD GENERAL LIABILITY EACH OCCURRENCE I $ 1,000,00 A X _E COMMERCIAL GENERAL LIABILITY SSL4257589 05110111 05/10112 OAEATTO RENTED PREMISES ,Ea occurrence $ 100,00 [ � OCCUR CLAIMS -MADE 1 '` a MED EXP (Any one person} $ 6,00 X Professional Liab PERSONAL8ADV INJURY $ INC GENERAL AGGREGATE $ 2,000,/)0 i GEN'L AGGREGATE LIMIT APPLIES S PER: PRODUCTS • COMP/OP AGG $ INC POLICYJ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 f....V..... _ (Ea accident) ; i ANY AUTO � E i � r-- I BODILY INJURY (Per person). $ _ ALL OWNED AUTOS I SCHEDULEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ A X HIRED AUTOS SSL4257589 05110/11 05/10/12 (Peraccident) A X NON -OWNED AUTOS ! $ �UMBRELLA LiAB € OCCUR EACH OCCURRENCE is 1,000,00 . EXCESS LIAB 1 CLAIMS -MADE IBE024591493 051'10111 05/10/12 AGGREGATE $ �- — 1,000,00 A L 5 DEDUCTIBLE , ^ -- - -- X RETENTION $ 10,000 I $ _ WORKERS COMPENSATION I i WC ORY ITU- R AND EMPLOYERS` LIABILITY YI $ i ANY PROPRIETO:IPARTNERIEXECUTiVE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED) N I A i (Mandatory in NH) E -L, DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT IS A Commercial Crime 015068951 06/10/11 05110112 1 Ded $2500 100,01) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of San Juan Capistrano Attn: Human Resources Dept. 32400 Paseo Adelanto San Juan Capistrano, CA 92675 �' CITY020 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 REEPRESEENTATIVE ................... . ©1988-2009 ACORD CORPORATION. All rights reserved,,. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD s M rr 'A;i J► .. ,. CERTI .A T LIQ LIT Y I DATE JUMIDDlYYYYI 0712$111 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 by 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). PRooucER714-779-2000 CTK North American Insurance Services, LLC 714-779.4129 X1240 N Lakeview Ave, Suite 240 Anaheim, CA 82807 Judy Steckman ACT NAME PH -0 -NE r Ax (Arc, Q Ext : Arc Nn ADDRESS, PRODUCER M NIT -1 au a ER rD_ INSURERS AFFORDING COVERAGE I MAIC 0 A I X i COMMERCIAL GENERAL L?ASILITY - i INSURED GovernmentStaffiing Service Inc INSURERA;National Union Fire Ins 119445 dba: Munilemps-Municipal INSURER 0: Staffing Solutions dba Munigroup dba: Herrera & Assoc 2300 E. Katella Avenue, #214 INSURERC, INSURER I ` Anaheim, CA 92806 INSURER E � I INSURER F Ct7VERAGES CERTIFICA'T'E 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 DESCRIBER HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ..._...........4.v. SINS TYPE OFINSURANCE .ii I POLICYNUMaER MMIDDrrYYYY MMlDorvvY;r LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00 PRREMi�occurrence 15 1QQ,d}0 A I X i COMMERCIAL GENERAL L?ASILITY - i rSSL4257 89 I1�1'i0f'Ii � li�f'II�11� f MED EXP (Any ane person) $ 6,00 '- CLAIP: SMADE C OCCUR '. ` INC PERSONAL&ADV€NJURYfs-- —L= � )(jl r'ofC'Sslonal L.iab W � I 1.GENERAL AGGREGATE 2,000,00 PRODUCTS - COMPIOP AGC i S INC.: GEN'L AGGREGATE UMIT APPLIES PER Y. _ ' AOLiCY pr C LDC AUTOMOBILE LIABILITY I j i COM9INED SINGLE LIMIT 1 $ 1 tills QO (Ea accident) , , 8ODfLY INJURY (Per person) $ . ANY AUTO 1 IfE I 7 ALL OWNED AUTOS i BODILY INJURY {Per accident) $ i I SCHEDULED AUTOS ' PROPERTY DAMAGE A , X H1 RED AUTOS SSL4257589 05I10111 05110112 (Peraccaent) i i A X NON-OWNEDAUTOS J �. $ I I UMBRCLLALIAB OCCUR I I EACHOCC€JRi3fNCE $ #r(3t10,0® AGGREGATE I $ 1,<�IJQrlldl ._. , EXCESS LIAR 1 ) CLAIMS -M 5I f IBE024591493 O�a19 011 1 i I 0511 d}f12 T^ A 1$ X RETENTION $ 10,000 WORKCRS COMPENSATION - i I I WC BTATU- 0TH= I AND EMPLOYERS' LIABIL€TY Y f N B.L� C3fACCII3ENT A:IIYPROPRIETORIPARTNERIEXECUTtvG N i A � �E':L. i�ISEASH - EA E_MPL0YEE $ _......._......�._... . I OFFICERIMEMER EXCLUDED? € (Mandat" in NH)EE �I describe under MI;.L,DISEASE i RIPTION Or, OPERATIONS bebw I t i - POLICY LIMIT $ I A ?Commercial Crime I 1 IM0589M 05110/11 05110112 E Ded $2500 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 104, Additional Remarks Schedule, if more space is required) CITYC)20 SHOULD ANY OF THE ABOVE nESCRIBED POLICIES 031E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Citi{ of San Juan Capistrano ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Human Resources Dept. 32400 Paseo Adelanto AUTHORr2EDREPRESENTATIVE San Juan Capistrano, CA 92675 I @ 1988-2009 ACORD CORPORATfON. All rights reserved. ACORD 25 (2009109) The ACORD name and Togo are registered marks of ACORD Endorsement No 8 This endorsement, effective 12:01 A,M 5 / 1 G { 2 01 1 forms part of Policy Flo,: SSL4257589 issued to: Government :Staffing Service, Inc. By: National Union Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A check in the box indicates that this Endorsement shall apply to that Coverage. %l COVERAGE A -WRONGFUL ACTS, ERRORS AND OMISSIONS El COVERAGE IB -.BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1-Jx. COVERAGE, C - PERSONAL INJURY AND ADVERTISING INJURY LIABILITY .BLANKET ADDITIONAL INSURED ENDORSEMENT Section V111. Who Is An. Insured is amended by adding the following: Any person or organization as required by your contract or agreement shall be all Insured but only with respect to that person or organization's liability arising out of your operatio�ts as a staffing service or premises owned by or rented by you. All other terms, conditions, and exclusions shall remain. unchanged. AUTHORIZED REPRESENTATIVE Endorsement No. 8 This endorsement, effective 12:01 A.M 5/1 0%201 1 forms part of Policy no,: SSL 4257589 issued to: Government Staffing Service, Inc. BY: National Union Eire Insurance Company TEAS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. A check in the box indicates that this Endorsement shall apply to that Coverage. © COVERAGE A - WRONGFUL ACTS, ERRORS AND OMISSIONS xi3 COVERAGE B -BODILY INJURY AND PROPER'T'Y DAMAGE LIABILITY 13K COVERAGE) C - PERSONAL INJURY AND ADVERTISING INJURY LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT Section VIII. Who Is An insured is amended by adding the following: Any person or organization as required by your contract or agreement shall be an Pnsured but only with respect to that person or organization's liability arising out of your operations as a staffing service or premises owned by or rented by you. All other terms, conditions, and exclusions shall remain unchanged. AI.JTHORIZED REPRESENTATIVE CERTHOLDER COPY SD P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-05-2011 CITY OF SAN JUAN CAPISTRANO. SO 32400 PASED ADELANTO SAN JUAN CAPISTRANO CA 92675-3603 GROUP: POLICY NUMBER: 1887229-2010 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: 11-01-2011 11-01-2010/11-01-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer, We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - HERRERA, JOHN M PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - HERRERA, MARIA L SECRETARY - EXCLUDED. EMPLOYER GOVERNMENT STAFFING SERVICES, INC. DSA: SD HERRERA & ASSOCIATES 2300 E KATELLA AVE STE 210 ANAHEIM CA 92806 [GMT,CS] PRINTED : 08-05-2011 (RE V,B-2010; POLICYHOLDER COPY PEI P.0, BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 08-05-2011 CITY OF SAN JUAN CAPISTRANO SD 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675-3603 GROUP: POLICY NUMBER: 1887229-2010 CERTIFICATE ID: 17 CERTIFICATE EXPIRES: 11-01-2011 11-01-2010/11-01-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We w0i also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and Conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT x{1600 - HERRERA, JOHN M PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - HERRERA, MARIA L SECRETARY - EXCLUDED. EMPLOYER GOVERNMENT STAFFING) SERVICES, INC. DBA: SO HERRERA & ASSOCIATES 2300 E KATELLA AVE STE 210 ANAHEIM CA 92806 [GMT,CS] PRINTED : 08.05-2011 REV, 8-201[3) Christy Jai From: Christy Jakl Sent: Thursday, August 04, 2011 $:34 AM To: Catherine Salcedo Subject: Muni Temps Contract Attachments: Muni Temps Contract.pdf Hi Cathy, Attached is the Muni Temps Contract, We will not be sending the contract until all insurance documents are into us. Will they be sending an original signature page for bath contracts? Thanks! Christi Jaki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax Christy Jskl From: Christy Jakl Sent: Thursday, August 04, 2011 8:13 AM To: Catherine Salcedo Subject: RE: Rafaela King Hi Cathy, I can finish processing the agreement, but they shouldn't be paid until all insurance is turned -in. We need their General Liability Endorsement Form and Workers' Compensation and e -verify. Let me know if you have any other questions. Thanks!! Chrisl-� Jakl Deputy City Cleric City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1.053 fax From. Catherine Salcedo Sent: Thursday, August 04, 20117:39 AM To: Christy Jaid Subject: Rafaela King Hi Christy, Has the MuniTemps contract been processed and sent to finance so they can get a P© started? I will ask for the EVerify again from the company; they had 16 days to get it to us. Cathy Salcedo C:t r Of, t::": ?r.,,li"i {,'<?i (949) 443-6317 csalcedo@sanjuancapistrano.org 32400 PAST -0 AOF-L.ANT0 SAN JUAN CAPIS T RANO, CA 92675 (949) 433-1171 (949) 493-1053 FAx vv w,sanjuanrapisrrano.org TRANSMITTAL TO: iAEU99ak9TF8 MEMBERS OF THE GiTY COUNCIL SAM ALLEVATO LAURA FREEST iStgAltl�i8 } t� g LARRYKRAMER 1776 DEtR J< REEVE JOHN TAYLOR Muni Temps (Government Staffing Services Inc.) 2300 E. Katella Avenue, ##210 Anaheim, CA 92806 DATE: August 8, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement — Professional Staffing Services Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Cathy Salcedo, Executive Services Manager at (949) 443-6317. An original agreement is enclosed for your records. Cc: Cathy Salcedo, Executive Services Manager San Juan Capistrano. Preserving the Post to Enhance the Future Christi Jaki in�munimu a Dion oinouoninnoon���n From: Christy Jaki Sent: Monday, August 08, 201.1 3:09 PM To: Catherine Salcedo Subject: Agreements (Townsend, Lyles & Muni Temps) Attachments: Townsend Agr.pdf; Lyles Agreement.pdf; Muni Temps Agr.pdf Hi Cathy, Attached are signed agreements for your records; Townsend, Lyles and Muni Temps. Thanks! Clirisi- JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax