Attachment A
Robert Half Fully Executed Contract
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ROBERT HALF INTERNATIONAL INC.
FOR
TEMPORARY STAFFING, DIRECT-HIRE AND OTHER EMPLOYER
SERVICES, PROJECT ESC23-069
THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter "Agreement") dated January J9, 2023 for reference purposes only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of Sar Bernardino, State of California, hereinafter referred to as the "City", and Robert Half International Inc., a Delaware corporation doing business through, and this Agreement and the obligations hereunder are limited to, its administrative & customer support, finance & accounting, management resources, technology, legal (non-attorney candidates only), and marketing & creative practice groups, hereinafter referred to as "Service Provider." Notwithstanding the foregoing, Robert Half International Inc. shall be responsible for any liability or claim arising out of the practice group performance of the services under the terms of this Agreement. City and Service Provider are sometimes hereinafter referred to individually as a "Party" and collectively referred to as the "Parties."
RECITALS:
WHEREAS, the City requires certain Temporary Staffing, Direct-Hire, and Other Employer Services for its Information Technology and related City Departments; and WHEREAS, by means of a cooperative purchasing procurement, the City has identified and determined that Service Provider is qualified to provide said Temporary Staffing, Direct- Hire, and Other Employer Services; and
WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualitied service provider to provide, on an independent contractor basis, the Temporary Staffing, Direct-Hire, and Other Employer Services described above.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section-1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. 1 General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069" DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Section 2. SCOPE OF SERVICES
Service Provider shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit "A" in accordance with the H-GAC Cooperative Purchasing Agreement #6943 (Contract No. TS06-21), effective as of June 1, 2021, as amended (collectively. "HGAC Contract"), attached hereto as Exhibit "B", and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay a total amount not to exceed One Hundred Twenty-three Thousand and 00/100 Dollars ($123,000.00) ("Up-to-but-Not-to-Exceed Amount") for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 Notwithstanding anything to the contrary in this Agreement, Service Provider may at any time, in its sole discretion, upon providing notice to the City, discontinue performance of the services once the Up-to-but-Not-to-Exceed Amount has been attained (even if Service Provider continued to provide services after the Up-to-but-Not-to-Exceed Amount was reached).
Section 4. FEE SCHEDULE
The City shall pay Service Provider at the hourly rates provided under the HGAC Contract at the time services are rendered to the City (see the pricing pages of said Contract attached as Exhibit "B"), hereinafter referred to as the "Fee Schedule". . As of date this Agreement is executed, the most recent update to the Fee Schedule is dated August 19. 2022. The provisions of the Fee Schedule notwithstanding, in order to receive payments, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City thirty (30) working days following receipt of Service Provider's invoice. Services are deemed to be satisfactorily rendered to City's specifications and accepted upon City's signature or approval of the weekly timesheets. If services are not performed to City's reasonable satisfaction based on demonstrable concerns and issues, Service Provider shall extend to City the guarantee set out below in Section
5. Notwithstanding anything to the contrary in this Agreement, Service Provider does not offer any other warranties on the services performed, express or implied. Service Provider's professionals assigned to provide staff augmentation services (excluding Service Provider's recruiters) to City ("Referral(s)" or "Assigned Referral(s)) will present a time sheet or an electronic time record to City for verification and approval at the end of each week.
Hourly rates for all assignments will be agreed upon by City and Service Provider on a case- by-case basis, subject to the GAC Contract. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate. Applicable sales and service taxes shall be added to Service Provider's fee and paid by the City.
Additional Terms for Direct-Hire Services. In order to initiate a direct hire search, City will send Service Provider a notice (e.g., e-mail, facsimile or mail) describing the designated position in reasonable detail. Service Provider will promptly reply to such request and indicate whether it will or will not conduct the requested search. The fee for a candidate without any period of temporary assignment to City ("Direct-Hire" or "direct hire") referred by Service Provider and hired by City will be based on the HGAC Contract. Part-time employment fees will be calculated on the 2 | General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 equivalent full-time salary multiplied by the percentage of time the candidate works. Service Provider reserves the right to include as annual salary any expected bonus, commission or guaranteed increase in salary which is part of the City's initial employment offer. The fee applies to candidates referred by Service Provider for a specified or an alternate position, and employed by City or an affiliate, either as an employee, consultant or independent contractor, within twelve (12) months from the date of Service Provider's last referral. All direct hire and conversion fees are due and owing at the time the candidate accepts employment with the City.
Section 5. GUARANTEE
Temporary Staffing Services. Service Provider guarantees City's satisfaction with Service Provider's Assigned Referral's services by extending to City a guarantee period equal to the first: (i) day (8 hours) of the assignment for finance & accounting, administrative & customer support and legal practice groups; (i) two (2) days (16 hours) of the assignment for management resources and marketing & creative practice groups; and (iii) five (5) days (40 hours) of the assignment for the technology practice group and Full-Time Engagement Professionals ("FTEP" formerly, "SPS"). If, for any reason, City is dissatisfied with the Referral assigned to City, Service Provider will not charge for the hours. worked during the applicable guarantee period, provided City allows Service Provider to replace the Referral. Unless City contacts Service Provider before the end of the applicable guarantee period, City agrees the Referral's services are satisfactory.
Direct-Hire Services. If the full fee is paid as set forth in this Agreement, and if the direct hire candidate's employment with the City terminates within the first ninety (90) calendar days from the starting date of employment for any reason, other than reorganization, elimination of position, takeover or material change in job responsibility, Service Provider will (i) provide a free replacement candidate, or (i) refund a pro rata portion of the fee. Such refund would equal 1/90th of the fee, multiplied by the number of calendar days remaining in the 90 calendar day guarantee period, as of the date the candidate's employment terminated.
Section 6. TERM OF AGREEMENT
This Agreement shall be for an initial term of One (1) Year, commencing on the date of full execution of the Agreement (the "Commencement Date") and expiring on One (1) year from the Commencement Date (the "Termination Date") (the "Term"), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for Four (4) additional one-year periods (hereinafter "Option Periods"), at the option of City, subject to satisfactory performance as determined by the City. City shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below.
Should the City fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider. 3 | General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR'S STATUS OF
SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
1) The City is not required to provide any training or legal counsel to Servic Provider or its recruiters in order for Service Provider to perform the services described in thi Agreement.
Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of Service Provider equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after term nation of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. (6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
Service Provider is solely responsible for identifying who, under the supervision or direction of City, will perform the services set forth in this Agreement. (2) Except for such Referrals who are provided to City by Service Provider as part of the staffing services which are the subject of and governed by other provisions of this Agreement, during the term hereof, the City will not hire, supervise, or pay any of Service Provider's other employees. The foregoing notwithstanding, nothing contained in this Agreement shall prevent the City from hiring Service Provider's other employees after termination of this Agreement.
(3)
termination of this Agreement.
It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the recruiting services set forth in this Agreement.
General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 (5) Service Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work, to the best of Service Provider's knowledge, does not prevent it from performing services to City under this Agreement. (8) Service Provider checks references by asking specific questions to select past employers with regard to job skills and work history before Service Provider refers ar individual. Service Provider does not engage in any verification process other than these reference checks. If the City requires Service Provider to perform background checks or other placement screenings on any of its Assigned Referrals, the City agrees to notify Service Provider prior to the start of services under this Agreement. Service Provider will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement. If the City requests a copy of the results of any checks conducted on Service Provider's Referrals, the City agrees to the extent permitted by law, to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes.
City shall supervise Service Provider's Referrals providing services to City. City shall not permit or require Service Provider's Referrals (i) to perform services outside of the scope of Service Provider's Referrals' assignment; (ii) to sign contracts or statements (including SEC documents); (ili) to make any management decisions; (iv) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables; (vi) except as otherwise provided in this Agreement, to use computers, or other electronic devices, software or network equipment owned or licensed by Service Provider's Referrals; (vii) to operate machinery (other than office machines) or automotive equipment. It is understood that City has full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to City's business, and (i) ensuring that safety plans exist for, and safety related training is provided to, Service Provider's Referrals working on City's premises. City agrees to hold in confidence the personally identifiable information of any Service Provider Referral and such Referral's resume, social security number and other legally protected personal information, and City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.
City may request that Service Provider permit its Referrals to provide services to City remotely (i.e., from a location other than City's offices) using City's or Service Provider's laptop and/or other computer or telecommunications equipment (the "Equipment"). City acknowledges and agrees that Service Provider shall have no control over,..and City shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, "Computer Systems") used by the Service Provider's Referrals, and (ii) the security, integrity, and backing up of the data and other information stored therein or transmitted thereby. Moreover, City must not permit Service Provider's Referrals to save or store any of City's files or other data on the Computer Systems provided by Service Provider (including, but not limited to, any virtual desktop infrastructure solution). City agrees that Service Provider | General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems.
In the event City wishes to hire any of Service Provider's Referrals, City agrees to pay a conversion fee in accordance with the HGAC Contract and this paragraph. The City agrees to pay a conversion fee if Service Provider's Referral is hired by an affiliate as a result of the City's subsequent referral of such Referral. The conversion fee is payable if the City hires the Referral, 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 the City converts Service Provider's Referral on a part-time basis using the full-time equivalent salary.
Section 9. NOT AGENT OF THE CITY
Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Service Provider or by any third person to create the relationship of principal and b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the recruiting services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the recruiting industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Service Provider shall immediately inform the City of such fact and shall not provide any services until written instructions are received from Mazharul Islam, Technology Officer, or his designee or his designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that, to the best of its knowledge, it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider's services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement and to the best of its knowledge, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Economic Interests, Service Provider shall file such Form 700 with the City Clerk's Office pursuant to the written instructions provided by the City Clerk and to the extent required by applicable law.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any applicable rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
Service Provider shall procure and maintain at its own expense, during the initia Term of this Agreement, and (if applicable, during any Option Periods), commercial genera liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors. b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate legally required insurance for the protection of such employees to the satisfaction of the City.
Section 17. CYBER TECHNOLOGY
a. Technology Professional Liability Errors and Omissions Insurance appropriate to the Service Provider's profession and work hereunder, with limits not less than $2,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Service Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Service Provider. If not covered under the Service 7] General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Provider's liability policy, such "property" coverage of the Agency may be endorsed onto the Service Provider's Cyber Liability Policy as covered property as follows.
C. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency that will be in the care, custody, or control of Service Provider.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation, Technology Professional Liability Errors and Omissions and Cyber Liability policies, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies except for the Technology Professional Liability Errors and Omissions and Cyber Liability policies and Workers Compensation policy in the states of ND, OH, WA and WY only to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Except as otherwise provided herein, each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: "For any claims related to this Agreement, Service Provider's General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider's insurance and shall not contribute with it." Section 21. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for services rendered or supplies actually furnished prior to the effective date of b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Not applicable in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including reasonable legal costs and attorney's fees, for any personal injuries, deaths, or property damage (including property owned by the City), which are proven to be caused by Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.
b. The City does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 24. REPORTS
Upon request by Mazharul Islam, Technology Officer, or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Mazharul Islam, Technology Officer, or his designee, to evaluate the billing and the performance of such services.
T General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 b. Books and records pertaining to billing for services under this Agreement shall be kept and prepared in accordance with generally accepted accounting principles.
Mazharul Islam, Technology Officer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the funds paid to Service Provider hereunder shall be retained by Service Provider and, to the extent permissible by applicable law, made available to Mazharul Islam, Technology Officer, or his designee, fo purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement
Section 26. RESERVED.
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.
Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Mazharul Islam, Technology Officer, or his designee, or as required by applicable law.
Service Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Mazharul Islam, Technology Officer, or his designee, or as required by applicable law.
Section 28. PRINCIPAL REPRESENTATIVES
a. Melinda Alison, Vice President, Strategic Accounts, is designated as the rincipal representative of Service Provider for purposes of communicating with the City on any natter associated with the performance of the services set forth in this Agreement Mazharul Islam, Technology Officer, or his designee, or his designee, shall be the principal representatives) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.
Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
10) General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Section 30. ENTIRE AGREEMENT
This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agrements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMB GUME:
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit "B" is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit "B", the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit "B" shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement. In the event of a conflict between this Agreement and the HGAC Contract attached hereto as Exhibit B, the terms of this Agreement shall supersede.
Section 32. NOTICES
Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Mazharul Islam, Technology Officer,
IT Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Service Provider: Melinda Alison, Vice President, Strategic Accounts Robert Half International Inc.
2613 Camino Ramon
San Ramon, CA 94583
- 11) General Services Provider Standard Agreement/Robert Half international Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 With a copy to: Attn: Client Contracts Department,
Robert Half International Inc.
2613 Camino Ramon
San Ramon, CA 94583
Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS
AND EMPLOYEES
No officer or employee of the City shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Service Provider or to its successors), or for any breach of any obligation of Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys) review this Agreement and all related documents. Each Party hereto has consulted with its attorneys) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
Failure of either Party to enforce any provision of this Agreement shall no constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the City shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work solely to the extent set out in Section 5 of this Agreement, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider. - 12 General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identfication purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
C. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
13. General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS' FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged entitled to recover its costs and expenses,
Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representatives) of Service Provider, approved by the City's Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE - SIGNATURE PAGE(S) FOLLOW)
14| General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 •
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE ROBERT HALF INTERNATIONAL
INC. EDE
- DacuSigned by:
By:_ By:_ Melinda Alison, Vice President, Strategic Accou Keith C. Metzler,
City Manager Vice President, Strategic
Accounts
one Jany 85-220 Dated: 1/19/2023 | 1:31 PM PST
THE CITY OF VICTORVILLE APPROVED AS TO FORM:
- DocuSlaned by: - DocuSigned by:
Lee Brown, Risk Manager By: _ Andre de Bortnowsky, City Attorney By:
Andre de Börtnowsky,
Risk Manager City Attorney
Dated: 1/19/2023 | 3:17 PM PST - Dated: 1/19/2023 | 3:22 PM PST P: APPSIWPDATAIVCA10001-45 AGREEMENTS REVIEW & TEMPLATESIROBERT HALF1001.9-COV GENL SERV PROV AGMT_12.01.22_RH REDLINE 12.07.22 ADB TLT REVS 12.13.22 V2_ (COMP TO RH REPLY 12.30.22) 01.04.23 COV TLT V2.DOCX
15, General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 DocuSign
Certificate Of Completion
Envelope Id: B9835BEE205E4562B6B74075D22CAA95 Status: Completed Subject: Complete with DocuSign: Robert Half Agreement
Source Envelope:
Document Pages: 66 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 Elizabeth Salcido
AutoNav: Enabled [email protected]
Envelopeld Stamping: Enabled IP Address: 24.182.14.221
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original Holder: Elizabeth Salcido Location: DocuSign 1/17/2023 3:25:15 PM [email protected]
Signer Events Signature
Melinda Alison, Vice President, Strategic Accounts Sent: 1/17/2023 3:28:46 PM Melinda. [email protected] Melinda Alison, Vice President, Strategic Accorts Viewed: 1/19/2023 1:30:51 PM Noney Level. Emal, A coun autentclo Signed: 1/19/2023 1:31:07 PM Signature Adoption: Pre-selected Style
Using IP Address: 70.112.203.30
Electronic Record and Signature Disclosure:
Accepted: 1/19/2023 1:30:51 PM
ID: 8fad4c60-a61a-4107-b2dd-fa1a3cb7d8bf
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Ryan Mckitrick, Vice President Sent: 1/17/2023 3:28:46 PM [email protected] COPIED Viewed: 1/19/2023 10:04:35 AM Vice President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSigr
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/17/2023 3:28:46 PM
Centified Delivered Security Checked 1/19/2023 1:30:51 PM Signing Complete Security Checked 1/19/2023 1:31:07 PM
Completed Security Checked 1/19/2023 1:31:07 PM
Payment Events Status Timestamps
-
DocuSign
Certificate Of Completion
Envelope Id: 06F94C55FBD7460F9796C9868295F663 Status: Completed Subject: Robert Half International, Inc. - Agreement for IT Temporary Personnel, Project ESC23-069 Source Envelope:
Document Pages: 85 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Elizabeth Salcido
AutoNav: Enabled [email protected]
Envelopeld Stamping: Enabled IP Address: 24.182.14.221
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original older: Elizabeth Salcio Location: DocuSign 1/19/20233:12:32 PM [email protected]
Signer Events Signature Timestamp
Lee Brown, Risk Manager - Docubigned by: Sent: 1/19/2023 3:16:34 PM [email protected] Lee Brown, Risk Manager Viewed: 1/19/2023 3:16:59 PM Security Level: Email, Account Authentication -DF040000200740... Signed: 1/19/2023 3:17:17 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.58.29.234
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 10/11/2021 5:21:06 PM
ID: d0cd0868-bb63-41c4-a882-7988bb0f3eb3
Andre de Bortnowsky, City Attorney - Docuslaned by: Sent: 1/19/2023 3:17:20 PM [email protected] Audre de Borrowsky, City Attorney Viewed: 1/19/2023 3:21:10 PM Partner - E699CFEF32242C...
Signed: 1/19/2023 3:22:02 PM
Security Level: Email, Account Authentication Signature Adoption: Pre-selocted Style (None)
Using IP Address: 24.43.91.238
Electronic Record and Signature Disclosure:
Accepted: 9/14/2021 8:07:41 AM
ID: 89td4926-8d5b-469d-a54e-529db0d246c7
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Rayne Cisneros Sent: 1/19/2023 3:22:05 PM
COPIED
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/16/2021 3:19:39 PM
ID: d90571bb-d5ad-4761-8724-75d4194259be
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/19/2023 3:16:34 PM
Certified Delivered Security Checked 1/19/2023 3:21:10 PM Signing Complete Security Checked 1/19/2023 3:22:02 PM
Completed Security Checked 1/19/2023 3:22:05 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 EXHIBIT "A"
SCOPE OF SERVICES
and abilities to perform the assigned tasks. The temporary personnel provided shall meet the minimum qualifications, minimum education and experience required by the classification specification provided by the City for the job to be performed solely based on the reference checks performed in accordance with Section 8(b)(8) of this Agreement. The City will inform the Service Provider of the specific duties or class title, length of assignment, and any specific skills or abilities required. The Service Provider shall adhere to applicable federal, state and privacy protection The Service Provider shall strictly adhere to all applicable state and federal laws with respect to discrimination in employment and shall not discriminate against any individual on the basis of race, color, religion, gender, sexual orientation, marital status, national origin, age or disability. The Service Provider must conform to the applicable provisions of the Immigration Reform and Contral Act of 1986 by verifying the employment eligibility of each person referred to the City. If applicable, the Service Provider must also conform to the provisions of the Patient Protection and Affordable Care Act (ACA) of 2010
16| General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 EXHIBIT "B"
H-GAC Cooperative Purchasing Agreement
#6943 (Contract No. TS06-21) effective as of June
1, 2021, as amended
Note: The Fee Schedule is contained in the
pricing pages attachment and amendments to
the HGAC Contract attached in this Exhibit "B"
PAPS REEMENTS REVIEW & TEMPLATESROBERT HALF001. COV GENL SERV PROV AGMT_ 1201.22 RH REDUNE 1207.22 AOB TLT REVS 1213.22 V2. (COMP TO RH REPLY 17g General Services Provider Standard Agreement/Robert Half International Inc./Project ESC23-069 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 H-GAC
Houston-Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half International, Inc. - Public Services - ID: 6943
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Robert Half International, Inc., hereinafter referred to as the Contractor, having its principal place of business at 2884 Sand Hill Road, Menlo Park, CA 94025.
WITNESSETH:
WHEREAS, I-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to ente nto this Agreement and bind the Contractor to the terms of this Agreement and any subscquent amendment hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be hinding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material froi submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will he deharred, suspended, proposed for deharment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC's goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jun 01 2021 and ends May 31 2024. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor's submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrecs that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS. RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor's behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Conractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will he no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor's Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor's cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC's receipt of Contractor's notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor's Direct Cost and will not exceed 10% of the previous bid price.
Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. "surcharge', 'adjustment', 'equalization charge', 'compliance charge', 'recovery charge', etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.
All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor's actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the reyuested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor's current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (c.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at William.Burton(@h-gac.com
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor's price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 any outstanding Purchase Orders. Termination of performance is Contractor's only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor's risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.
The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.
Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer's preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safty Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer's Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Agreement; any warranties offered by a dealer will be in addition to the manufacturer's standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
1-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever I-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so tails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict of interest questionnaire (CIQ)
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 if they have an employment or other business relationship with an H-GAC officer or an officer's close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer's close family member as defined in the law exists.
B. Certificate of Interested Parties Form - Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (i) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental complianco. With regards to "Rights to Inventions Made Under a Contract or Agreement," If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §8 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seg.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean Air Act (42 U.S.C. 87401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance witt: the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 34: CRIMINAL PROVISIONS AND SANCTIONS
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to perform services under this Agreement.
ARTICLE 35: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor's negligent act or omission under this Agreement.
Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 36: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace products) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 37: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 38: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 39: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (I) procuring only items
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satistactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976(42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 40: COPELAND "ANTI-KICKBACK" ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in 20222
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 41: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §8290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 42: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, "drug-free" means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 43: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will be bound by the foregoing terms and conditions.
ARTICLE 44: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 45: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 46: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H- GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H- GAC. In connection with any rehearing under this Article, the Contractor shall he afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision.
ARTICLE 47: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas.
Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 48: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Oder Attachments.
ARTICLE 49: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:
Robert Half International, Inc. H-GAC
-DocuSigned by: •DocuSigned by:
Signature Mathieu Ulmschneider signatura Or
-77F9EDBD4C1045E... -82EC270D5D61423...
Name Greg Freeman Name Chuck Wemple
Title vice president Title Executive Director
Date G/22/2021 Date 6/24/2021
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 H-GAC
Houston-Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half International, Inc. - Public Services - 6943
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorablo prico, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terns to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace products) that arc not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agrco that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Products) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certiticate must be submitted tor each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS I-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB t cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Chargt for cach salt done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement.
ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Agreement will be subjoct to inspection/testing by or at the direction of I- GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 15: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor's employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.
ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liahility partnership, or any limited liahility company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §$806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entitics); 2) for the purpose of public safcty, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligeuct or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.
In the event Contractor or Contractor's supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable.
Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(i)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.
Contractor agrees to provide all certifications required by Customer regarding such programs.
ARTICLE 21: DOMESTIC PREFERENCE
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award.
If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the Customer to provide all required certifications and other documentation needed to show compliance.
ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-76714) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Envirommental Protection Agency (EPA).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.
ARTICLE 25: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a - 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of ,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract.
ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) - Contractors that apply or bid for an award exceeding, 000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Foderal Grant, the making of a Federal Loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ,000 and not more than ,000 for each such failure.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS.
SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS
Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certities that C'ontractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 FORM F - MARKETING Invitation No.: TS06-21
Offeror Name:
Bidder shall provide a written narrative explaining in some detail actiities that will be undertaken to actively market and promote an H-GAC contract to local government and non-profit End Users. the GAl i dontinue to implement the following aproch and actions in order to promote CAC's end users wilization of As a current provider under an H-GAC contract, Robert Half would continue to communicate all key contractual parameters and specifics of the H-GAC agreement to our branch offices, equipping them to best market to your member organizations as well as non-member organizations.
Our internal staff is trained and experienced in how to direct non-member organizations to becoming part of H-GAC, helping to facilitate them through the sign-up process. Our teams will also review and update skill definitions, pricing, procedural guidelines for placing temporary staff, and all required documentation as dictated by the client agreement.
As has been Robert Half's process to date, all relevant H-GAC information, including use of the H-GAC sign-up form, is posted to the Strategic Accounts section of Robert Half's Intranet, the site used by our field staff as a reference and to receive any H- GAC cooperative member updates. This process enables our national salesforce of Staffing Professionals to be knowledgeable and maintain current account information.
Robert Half will continue to actively participate and coordinate with H-GAC regarding attendance at trade shows and other public marketing events in order to promote joint marketing efforts. In addition, we will continue to assist H-GAC with internal rollouts to members by drafting marketing material or content for the H-GAC internal member website.
These steps along with Robert Half's broad coverage help to ensure candidate availability to H-GAC program members, providing the level of service thai members require and have come to expect.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Attachment A
Robert Half International, Inc.
Temporary Staffing, Direct-Hire and Other Employer Services Contract No. TS06-21
FORM DI - PRICING PAGE #1
Cost of services, Mark-up (MU) percentage pricing:
When using the DOL website guidelines, as the Base pricing rate for Temporary Hire:
1. What is the percentage of Mark-Up added to the Base rate for an Administrative position? 65%
2) What is the percentage of Mark-Up added to the Base rate for an Light Industrial position? NA
3.) What is the percentage of Mark-Up added to the Base rate for an Heavy Industrial position? NA
4.) What is the percentage of Mark-Up added to the Base rate for an IT position? 70%
5.) What is the minumum conversion time in (hours) for a temporary Varies from 641 - employee to be hired without incurring a conversion or buyout fee? 1561 depending on position
6.) Are there any liquidation fees if the above conversion hours are not met? yes/no > > Yes
7.) If there are liquidation fees or charges for the above transaction, wha ee: > > > See below chart
hours: > > > See below chart
percentage > > See below chart
OfficeTeam Only
Length of Assignment Fee
0-160 hours 25% of annual starting salary
161-320 hours 20% of annual starting salary
Explain here: 321-480 hours 15% of annual starting salary 481 - 640 hours 10% of annual starting salary
641+ hours No Fee
Robert Half Technology, Accountemps, The Creative Group, Robert Half
8.) Direct-Hire annual salary percentage of Mark-up. 25% ** The annual salary must be equal to or less than
hourly rate provided in the job descriptions listed on
Form D - Page #2, using the multiplier of 2080
hours.
(9) Direct-Hire guarantee period in hours. 520
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 10) Payrolling percentage of Mark-Up. NA
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Attachment A
Robert Half International, Inc.
Temporary Staffing, Direct-Hire and Other Employer Services Contract No. TS06-21
FORM D2 - PRICING PAGE #2.1
Code Occupation Description Pricing Range Mark-Up % Total Total Please Use a
Whole Number
Low High as the % (MU). Low High
Example 25% =
1.25 Accounting:
A01 Accountant I $20.30 $31.90| 1.70 $34.51| $54.23
A02 Accountant II $30.00 $49.00 1.70 $51.00 $83.30
A03 Financial Analyst 1 $21.00 $32.50 1.70 $35.70 $55.25 A04 Financial Analyst IT $33.00 $52.80 1.86 $61.38 $98.21 A05 Payroll Clerk $17.00 $25.00 1.70 $28.90 $42.50
A06 Cost Accounting Specialist $22.00 $44.00 1.70 $37.40 $74.80 A07 CPA $25.00 $50.00 1.70 $42.50 $85.00
A08 Financial / Business Analyst $22.00 $49.50 1.86 $40.92 $92.07 A09 Controller $35.20 $60.00 1.86 $65.47 $111.60
A10 Auditor I $19.80 $30.80 1.70 $33.66 $52.36
All Auditor Il $29.00 $48.00 1.70 $49.30 $81.60
Administrative Support and Clerical:
B01 Accounting Clerk I $12.00 $18.00 1.70 $20.40 $30.60 B02 Accounting Clerk II $18.00 $21.00 1.70 $30.60 $35.70 B03 Accounting Clerk !!! $21.00 $24.00 1.70 $35.70 $40.80 B04 Administrative Assistant $13.00 $19.00 1.65 $21.45 $31.35 B05 Call Center Representative $15.00 $26.00 1.65 $24.75 $42.90 B06 Copy Machine Operator $12.00 $15.00 1.65 $19.80 $24.75 B08 Customer Service Representative I $15.00 $18.00 1.65 $24.75 $29.70 B09 Customer Service Representative II $18.00 $22.00 1.65 $29.70 $36.30 B10 Customer Service Representative III $22.00 $27.00 1.65 $36.30 $44.55 B11 Data Entry Operator I $12.00 $16.00 1.65 $19.80 $26.40 B12 Data Entry Operator II $16.00 $20.00 1.65 $26.40 $33.00 B13 Document Preparation Clerk $12.00 $18.00 1.65 $19.80 $29.70 B14 Executive Assistant $19.00 $29.00 1.65 $31.35 $47.85 B15 General Clerk I $12.00 $15.00 1.65 $19.80 $24.75
B16 General Clerk II $15.00 $20.00 1.65 $24.75
B17 General Clerk III $20.00 $24.00 1.65 $33.00
B18 Legal Secretary I $18.00 $24.00 1.70 $30.60
B19 Legal Secretary II $24.00 $31.00 1.70 $40.80 $52.70 B20 Mail Room Clerk $12.00 $15.00 1.65 $19.80 $24.75
B22 Personnel Assistant (Employment) I $12.00 $15.00 1.65 $19.80 $24.75 B23 Personnel Assistant (Employment) II $15.00 $18.00 1.65 $24.75 $29.70 B24 Personnel Assistant (Employment) III $18.00 $22.00 1.65 $29.70 $36.30 B25 Production Control Clerk $15.00 $25.00 1.65 $24.75 $41.25 B26 Secretary I $12.00 $15.00 1.65 $19.80 $24.75
B27 Secretary II $15.00 $18.00 1.65 $24.75 $29.70
B28 Secretary III $18.00 $25.00 1.65 $29.70 $41.25
B30 Receptionist/Switchboard Operator $12.00 $18.00 1.65 $19.80 $29.70 B31 Records Management Clerk $15.00 $25.00 1.65 $41.25
B35 Word Processor $12.00 $15.00 1.65 $19.80 33075
B36 Word Processor I $15.00 $18.00 1.65 338.75
B37 Word Processor III $18.00 $22.00 1.65 $36.30
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 General Services and Materials Handling Support:
D13 Shipping / Receiving Clerk $12.00 $18.00 1.65 $19.80 $29.70 Health:
E04 Claims Processor $15.00 $24.50 1.65 $24.75 $40.43
EOS Claims Processor (Senior) $19.00 $30.00 1.65 $31.35 $49.50 E11 Eligibility/ Insurance Verifier $13.00 $22.00 1.65 $21.45 $36.30 E12 Eligibility Referral Coordinator $13.00 $22.00 1.65 $21.45 $36.30 E14 Insurance Coordinator $15.00 $24.50 1.65 $24.75 $40.43 E20 Medical Record Clerk $13.00 $19.00| 1.65 $21.45
Information
F01 Application Developer $75.00] 1.70 $68.00 $127.50
F02 Application Support Analyst $60.00 1.70 $51.00 $102.00 F03 Applications Engineer $75.00 1.70 $68.00 $127.50
F04 Computer Operator 1 $27.00| 1.70 $30.60 $45.90
FOS Computer Operator II $34.00| 1.70 $42.50 $57.80
F06 Computer Operator III $39.00 1.70 $54.40 $66.30
F07 Computer Operator IV $49.00 1.70 $68.00 $83.30
F08 Computer Operator V $60.00 1.70 $81.60 $102.00
F09 Computer Programmer I $49.50 1,70 $56.10 $81.15
F10 Computer Programmer II $60.50 1.70 $85.00 $102.85
F11 Computer Programmer III $77.00 1.70 $103.70 $130.90 F12 Computer Programmer IV $93.50 1.70 $132.60 $158.95
F13 Computer Systems Analyst I $40.00 1.70 $51.00 $68.00 F14 Computer Systems Analyst II $50.00 1.70 $68.00 $85.00 F15 Computer Systems Analyst III $77.00 1.70 $85.00 $130.90 F16 Customer Support Administrator $35.00 1.70 $28.90 $59.50 F17 Customer Support Specialist $20.00 1.70 $25.50 $34.00 F18 Database Administrator $70.00 1.70 $65.45 $119.00
F19 Data Center Support Specialist $70.00 1.70 $59.50 $119.00 F20 Desktop Support Manager $55.00 1.70 $59.50 $93.50
F21 Desktop Support Specialist $26.00 1.70 $30.60 $44.20 F22 Developer $70.00 1.70 $59.50 $119.00
F23 Director of Technology $95.00 1.70 $68.00 $161.50
F24 Front End Web Designer $55.00 1.77 $79.65 $97.35
F25 GIS (Geographic Info. Systems) Tech. I $55.00 1.70 $56.10 $93.50 F26 GIS (Geographic Info. Systems) Tech. II $66.00 1.70 $74.80 $112.20 F27 Help Desk Specialist $20.00 1.70 $25.50 $34.00
F28 Help Desk Technician $25.00 1.70 $25.50 $42,50
F29 Information Systems Project Manager $60.00 1.70 $59.50| $102.00 F30 Information Technology Coordinator $35.00 1.70 $34.00 $59.50 F31 Information Technology Director $95.00 1.70 $68.00 $161.50 F32 Information Technology Manager $68.00 1.70 $56.10 $115.60 F33 IT Support Manager $50.00 1.70 $56.10 $85.00
F34 IT Support Specialist $30.00 1.70 $30.60 $51.00
F35 IT Systems Administrator $50.00 1.70 $59.50 $85.00
F36 Java Developer $75.00 1.70 $68.00 $127.50
F37 Management Information Systems Director $80.00 1.70 $68.00 $136.00 F38 Network/Communications Support Clerk $38.50| 1.70 $37.40 F39 Network Systems Administrator $50.00 1.70 $59.50
F40 Peripheral Equipment Operator $30.00 1.70 $30.60
F41 Senior Database Administrator $65.00 1.70 $51.00|
F42 Senior Network System Administrator $90.00 1.70 $76.50 F43 Senior Programmer $75.00 1.70 $68.00
F44 Senior Programmer Analyst $40.00| 1.70 $42.50
F45 Senior Security Specialist $90.00| 1.70 $68.00
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 F46 Senior Support Specialist $40.00 $47.60 $68.00
F47 Senior System Administrator $75.00 $68.00 $127.50
F48 Senior System Analyst $65.00 $51.00 $110.50
F49 Senior Web Administrator $55.00 $59.50 $93.50
F50 Senior Web Developer $70.00 $68.00 $119.00
F51 Software Developer $75.00 $76.50 $127.50
F52 Software Quality Assurance Analyst $55.00 $59.50 $93.50 F53 Support Specialist $28.00 $30.60 $47.60
FS4 Systems Administrator $45.00 $51.00 $76.50
F55 Systems Analyst $35.00 $34.00 $59.50
F56 Systems Designer $55.00 $51.00 $93.50
F57 System Support Specialist $28.00 $30.60 $47.60
F58 Technical Operations Officer $80.00 $68.00 $136.00
F59 Technical Support Specialist $28.00 $30.60 $47.60
F60 $32.00 $34.00 $54.40
F61 Telecommunications Specialist $32.00 $30.60 $54.40
F62 Web Administrator $45.00 $54.40 $76.50
F63 Weh Developer $55.00 $59.50 $93.50
F64 Web Master $55.00 $59.50 $93.50
Procurement:
G04 Purchasing Manager $33.00 $77.00 1.86 $61.38 $143.22 Professional:
H01 Attorney $50.00 1.78 $53.40
H04 Contract Administrator $27.00 1.70 $30.60
HOS Contract Specialist $30.00 1.70 $42.50
H08 Compliance Manager $44.00 1.70 $54.40
109 Contract Administrator $27.00 1.70 $30.60
H10 Contract Manager $40.00 1.70 $51.00
HIl Executive Consultant $80.00 1.86 $83.70
H14 Grant Administrator $35.00 1.70 $37.40
H16 [Human Resources Coordinatior $27.00 1.70 $30.60
H17 Human Resources Manager $49.50 1.86 $51.15
H18 Human Resources Specialist $38.00 1.70 $37.40
H27 Marketing Specialist $24.00 1.77 $35.40
H28 Paralegal/Legal Assistant I $20.00 1.70 $27.20
H29 Paralegal/Legal Assistant Il $24.00 1.70 $34.00
H30 [Paralegal/Legal Assistant III $34.00 1.70 $47.60
H31 Paralegal/T.egal Assistant IV $49.00 1.70 $61.20
H33 Presentation Designer $35.00 1.77 $49.56
H34 Principle Consultant $70.00 1.86 $70.68
H35 Proofreader $32.00 1.77 $49.56
H40 Senior Writer $40.00 1.77 $44.25
H41 Social Media Manager $35.00 1.77 $49.56
H43 Website Designer $38.00 1.77 $53.10|
Miscellanenus:
J02 Desk Clerk $12.00 $16.00[ 1.65 $19.80l
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663
H-GACBUY COOPERATIVE PURCHASING
ROBERT HALF INTERNATIONAL, INC.
AMENDMENT ONE-PARENT ID #6943
I. PURPOSE
This document serves as amendment one (1) to contract 6943 between H-GAC and Robert Half International, Inc. This amendment clarifies the following language in the General and Special Provisions:
(a) Article 4- Independent Contractor of the General Provisions is amended to replace the second to the last sentence of the Article with the following language:
Employees of CONTRACTOR are subject to the exclusive control over the employment relationship and human resource supervision by CONTRACTOR. (b) Article 3-Most Favored Customer Clause of the Special Provisions is amended to read as follows:
IF CONTRACTOR, at any time during this Contract, routinely enters into agreements with other governmental customers within the State of Texas, and offere the same ox substantially the same products/services offered to II GAC on a basis that routinely providos pricing more favorable than those provided to H-GAC hereunder, CONTRACTOR shall notify H-GAC within ten (10) business days. This Contract between H-GAC and CONTRACTOR shall be automatically amended, effective the date of notification.
The Parties accept the tollowing detinition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. The Parties accept the following definition of agreement: A contractual document that applies to more than one staffing assignment and contains defined pricing rates."
IF CONTRACTOR claims that a more favorable price, warranty, benefit, or term that was charged or offered 1o another governmental entity in the State of Texas during the term of this Agreement, does not constitute more favorable treatment, than CONTRACTOR shall, within ten (I0) business days, notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of CONTRACTOR's written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and CONTRACTOR shall be automatically amended, effective retroactiveiy, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. (c) Attachment A, Form D1, section 7 is revised to read as follows:
OfficeTeam Only
Length of Assignment Fee
0-160 hours 25% of annual starting salary
161-320 hours 20% of annual starting salary
321 - 480 hours 15% of annual starting salary
481 - 640 hours 10% of annual starting salary
641+ hours No Fee
Robert Half Technology, Accountemps, The Creative Group, Robert Half Legal Length of Assignment Fee
0 - 240 hours 25% of annual starting salary
241 - 480 hours 20% of annual starting salary
481 - 720 hours 15% of annual starting salary
721 - 960 hours 10% of annual starting salary
961+ hours No Fee
Robert Half Management Resources (Non-SPS)
Length of Assignment Fee
0 - 1,560 hours Case-by-case
1,561+ hours No Fee
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 All other General and Special Provision language agreed upon in contract #6943 remain, and no other changes to the contract documents other than those detailed above are made through execution of this amendment. These changes to the contract provisions are only applicable to this contract effort #6943.
Il. REVIEW AND APPROVAL
This amendment requires the review and approval of the H-GAC Executive Director III. SIGNATURES
for the Houston-Galveston Area Council for Robert Half International, Inc.
Docusigned by: - Docusigned by:
Mathick Ulmschweider
05061423
• Charles Wemple, Executive Director Mathieu Ulmschneider-VP Strategic Accounts 8/23/2021 8/17/2021
Date: Date:
1 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 HONO
HOUSTON -GALVESTON AREA COUNCIL
SERVING TODAY • PLANNING FOR TOMORROW
Houston-Galveston
Area Counci
December 14, 2021
Mr. Mathieu Ulmschneider
Vice President, Strategic Accounts
Robert Half International, Inc.
2884 Sand Hill Road
Menlo Park, California 94025
RE: Contract Changes on Contract TS06-21 for the Supply of Temporary Staffing, Direct-Hire and Other Employer Services
Dear Mr. Ulmschneider:
The Houston-Galveston Area Council has reviewed your request for contract changes in the above referenced contract (see attachments). We have determined that the changes are reasonable and conform to the provisions of the contract. Therefore, the request is approved.
Sincerely,
-DocuSigned by:
Ronnic O. Barnes
3E2DDD166F2488
Connie O. Barne:
Director of Public Services
ROB/bb
Enclosures
Sireet: 3555 Timmons Lone, Suite 120, Houston, TX 77027 • Mail: P.O. Box 22777, Houston, Texas 77227-2777 Phone: (713) 627-3200 • Fax: (713) 993-2414 = Web: h-gac.com " Social: @HouGalvAreaCog DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Date: December 9, 2021
To: Brian Denzel
From: Brian Denzel
RE: Contract Change Request
Robert Half International, Inc.- Contract #TS06-21
Robert Half International, Inc. in correspondence of November 17, 2021 has requested their contract be amended to reflect product updates published November 2021.
Staff has reviewed the request and determined it to be in accordance with applicable contract requirements. The new pricing is 9% higher and reflects latest 2021-year pricing. Approval is recommended.
Please advise if and when request is approved so that we may advise appropriate staff and arrange for website update.
WEB
Attachments
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Denzel, Brian
From: Ulmschneider, Mathieu 84050) < [email protected]> Sent:
To: Denzel, Brian
Cc: McKitrick, Ryan (84050)
Subject: RE: Contract Pricing
Attachments: Robert Half_TS06-21_Forms D1 D2 and E_Amended 11.17.21.xlsx Categories: Yellow Category, Red Category
Hi Brian-
Hope you're having a good day!
As discussed, please find the attached that has our revised pricing. The two changes made were:
• I added a new role, F66 ERP Consultant, to meet the demands of City of Ft Worth right now. They need these resources, but the position isn't listed on our rate card. I also added the role to Form D2.
• I also added the change to our Salaried Professional Service markup changing from 135% to 144%.
Please let me know next steps since you all are drafting the amendment. Do you see any issues with this getting approved? This reason I ask is the City of Ft Worth needs the ERP Consultant ASAP so we needed rates to go off of.
Thank you!
Mathieu Ulmschneider
Vice President, Strategic Accounts
office: (361) 878-5606 mobile: 501-529-8797
From: Denzel, Brian <[email protected]>
Sent: Tuesday, November 16, 2021 4:37 PM
To: Ulmschneider, Mathieu (84050) <[email protected]> Subject: RE: Contract Pricing
Sounds good.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 FORM D2 - PRICING PAGE #2.1 Procurement No.: TS06-21
Title: Temporary Staffing, Direct-Hire and Other Employer Services Offeror: Robert Half International Inc.
Code Occupation Description Pricing Range Mark-Up % Total Total Please Use a
Whole Number as
Low High the % (MU). Low High
Example 25% =
Accounting:
Accountant I $20.30 $31.90] 1.70 $34.51 $54.23
Accountant IT $30.00 $49.00 1.70 $51.00 $83.30
Financial Analyst I $21.00 $32.50 1.70 $35.70 $55.25
Financial Analyst II $33.00 $52.80 $61.38 $98.21
Payroll Clerk $17.00 $25.00 1.70 $28.90 $42.50
Cost Accounting Specialist $22.00] $44.00 1.70 $37,40 $74.80 CPA $25.00 $50.00 1.70 $42.50 $85.00
Financial / Business Analyst $22.00 $49.50 1.86 $40.92 $92.07 Controller $35.20 $60.00 1.86 $65.47 $111.60
Anditor Y $19.80 $30.80 1.70 $33.66 $52.36
Auditor Il $29.00 $48.00 1.70 $49.30 $81.60
Finance Director $55.00 $95.00 1.86 $102.30 $176.70
Chief Financial Officer $80.00 $150.00 1.86 $148.80 $279.00 Administrative Support and Clerical:
B01 Accounting Clerk I $12.00 $18.00 1.70 $20.40 $30.60 B02 Accounting Clerk II $18.00 $21.00 1.70 $30.60 $35.70 B03 Accounting Clerk III $21.00 $24.00 1.70 $35.70 $40.80 B04 Administrative Assistant $13.00 $19.00 1.65 $21.45 $31.35 B05 Call Center Representative $15.00 $26.00 1.65 $24.75 $42.90 B06 Copy Machine Operator $12.00 $15.00 1.65 $19.80 $24.75 B07 Court Reporter
B08 Customer Service Representative I $15.00 $18.00 1.65 $24.75 $29.70 B09 Customer Service Representative II $18.00 $22.00 1.65 $29.70 $36.30 B10 Customer Service Representative III $22.00 $27.00 1.65 $36.30 $44.55 B11 Data Entry Operator I $12.00 $16.00 1.65 $19.80 $26.40 B12 Data Entry Operator II $16.00 $20.00 1.65 $26.40 $33.00 B13 Document Preparation Clerk $12.00 $18.00 1.65 $19.80 $29.70 B14 Executive Assistant $19.00 $29.00 1.65 $31.35 $47.85 B15 General Clerk I $12.00 $15.00 1.65 $19.80
B16 General Clerk II $15.00 $20.00 1.65 $24.75 $33.00
B17 General Clerk III $20.00 $24.00 1.65 $33.00 $39.60
B18 Legal Secretary I $18.00 $24.00 1.70 $30.60 552800
B19 Legal Secretary II $24.00 $31.00 1.70 $40.80
B20 Mail Room Clerk $12.00 $15.00 1.65 $19.80 $24.75
B21 Messenger Courier
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 B22 Personnel Assistant (Employment) I $12.00| $15.00 1.65 $19.80 $24.75 B23 Personnel Assistant (Employment) II $15.00 $18.00 1.65 $24.75 $29.70 B24 Personnel Assistant (Employment) III $18.00 $22.00 1.65 $29.70 $36.30 B25 Production Control Clerk $15.00 $25.00 1.65 $24.75 $41.25 B26 $12.00 $15.00 1.65 $19.80 $24.75
B27 $15.00 $18.00 1.65 $24.75 $29.70
B28 $18.00 $25.00 1.65 $29.70 $41.25
B29 Supply Technician
B30 Receptionist/Switchboard Operator $12.00 $18.00 1.65 $19.80 $29.70 B31 Records Management Clerk $15.00 $25.00 1.65 $24.75 $41.25 B32 Travel Clerk I
B33 [Travel Clerk TI
B34 Travel Clerk I
B35 Word Processor I $12.00 $15.00 1.65 $19.80| $24.75
B36 Word Processor II $15.00 $18.00 1.65 $24.75 $29.70
B37 Word Processor Ill $18.00 $22.00 1.65 $29.70 $36.30 Education:
C01 /Toacher I
C02 Teacher II
C03 Teacher III
C04 At Risk Counselor I
General Services and Materials Handling Support:
DOI Forklift Operator
D02 Gardener
D03 General Maintenance Worker
D04 Janitor
DOS Laborer
D06 Librarian
DO7 Library Aide/Clerk
D08 Library Technician
D09 Material Coordinator
Material Handling Laborer
D11 Order Filler
D12 Shipping Packer
D13 Shipping / Receiving Clerk $12.00 $18.00 1.65 $19.80 $29.70 D14 Stock Clerk
D15 Park Naturalist
D16 Recreation Specialist
D17 Warehouse Specialist
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Health:
E01 Breath Alcohol Technician
E02 Certified Occupational Therapist Assistant
E03 Certified Physical Therapist Assistant
E04 Claims Processor $15.00 $24.50 1.65 $24.75 $40.43
E05 Claims Processor (Senior) $19.00 $30.00 1.65 $31.35 $49.50 E06 Dental Assistant
E07 Dental Hygienist
E08 Dietary Aide
E09 EKG Technician
E10 [Electroneurodiagnostic Technologist
E11 Eligibility / Insurance Verifier $13.00| $22.00 1.65 $21.45 $36.30 E12 Eligibility Referral Coordinator $13.00 $22.00 1.65 $21.45 $36.30 E13 Emergency Medical Technician
E14 Insurance Coordinator $15.00 $24.50 1.65 $24.75 $40.43 E15 Licensed Practical Nurse I
E16 Licensed Practical Nurse II
E17 Licensed Practical Nurse III
E18 Medical Assistant
E19 Medical Laboratory Technician
E20 Medical Record Clerk $13.00 $19.00 1.65 $21.45 $31.35 E21 Medical Record Technician
E22 Medical Transcriptionist
Nuclear Medicine Technologist
Nursing Assistant I
Nursing Assistant II
Nursing Assistant III
Nursing Assistant IV
Optical Dispenser
Optical Technician
Pharmacy Technician
Phlebotomist
Radiologic Technologist
Registered Nurse I
Registered Nurse II
Registered Nurse III
Registered Nurse IV
Scheduler (Drug and Alcohol Testing)
Substance Abuse Treatment Counselor
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Informatio gy:
F01 Application Developer
F02 Application Support Analyst
F03 Applications Engineer
F04 Computer Operator I
FOS
F06
FOT
F08
F09
F10
F11
F12
F13
F14
F15
F16
F17
F18 Database Administrator
F19 Data Center Support Specialist
F20 Desktop Support Manager
F21 Desktop Support Specialist
F22 Developer
F23 Director of Technology
F24 Front End Web Designer
F25 [GIS (Geographic Info. Systems) Tech. I
F26 GIS (Geographic Info. Systems) Tech. II
F27 Help Desk Specialist
F28 Help Desk Technician
F29 Information Systems Project Manager
F30 ]Information Technology Coordinator
F31 Information Technology Director
F32 Information Technology Manager
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 F33 IT Support Manager $50.00 1.70 $85.00
F34 IT Support Specialis $30.00 1.70 $51.00
F35 IT Systems Administrat $50.00 1.70 $85.00
F36 $75.00 1.70 $127.50
F37 Management Information Systems Director $80.00 1.70 $136.00 F38 Network/Communications Support Clerk $38.50 1.70 $65.45 F39 Network Systems Administrator $50.00 1.70 $85.00
F40 Peripheral Equipment Operator $30.00 1.70 $51.00
F41 (Senior Database Administrator $65.00 1.70 $110.50
F42 Senior Network System Administrator $90.00 1.70 $153.00 F43 Senior Programmer $75.00| 1,70 $127.50
F44 Senior Programmer Analyst $40.00 1.70 $68.00
F45 Senior Security Specialist $90.00 1.70 $153.00
F46 Senior Support Specialist $40.00 1.70 $68.00
F47 Senior System Administrator $75.00 1.70 $127.50
F48 Senior System Analyst $65.00 1.70 $110.50
F49 Senior Web Administrator $55.00 1.70 $93.50
F50 Senior Web Developer $70.00 1.70 $119.00
F51 Software Developer $75.00 1.70 $127.50
F52 Software Quality Assurance Analyst $55.00 1.70 $93.50 F53 Support Specialist $28.00 1.70 $47.60
FS4 Systems Administrator $45.00 1.70 $76.50
F55 Systems Analyst $35.00 1.70 $59.50
F56 Systems Designer $55.00 1.70 $93.50
F57 System Support Specialist $28.00 1.70 $47.00
F58 Technical Operations Officer $80.00 1.70 $136.00
F59 Technical Support Specialist $28.00 1.70 $47.60
F60 Technical Specialist $32.00 1.70 $54.40
F61 Telecommunications Specialist $32.00 1.70 $54.40
F62 Web Administrator $45.00 1.70 $76.50
FG3 Web Developer $55.00 1.70 $93.50
F64 Web Master $55.00 1.70 $93.50
F66 ERP Consultant $120.00 1.70 $204.00
G01 Buyer I
GO2 Buyer Il
G03 Buyer III
G04 Purchasing Manager $33.00 $77.00 1.86 $61.38 $143.22 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Professional:
H01 Attorney $30.00 $50.00 1.78 $53.40 $89.00
H02 Business Development Manaver
H03 Business Development Sales Rep.
H04 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 H05 Contract Specialist $25.00 $30.00 1.70 $42.50 $51.00 H06 Community Relations Representative II
H07 Community Relations Representative I
H08 Compliance Manager $32.00 $44.00 1.70 $54.40 $74.80 H09 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 H10 Contract Manager $30.00 $40.00 1.70 $51.00 $68.00
H11 Executive Consultant $45.00 $80.00 1.86 $83.70 $148.80 H12 Facility Manager
H13 Fire / HAZMAT Specialist
H14 Grant Administrator $22.00 $35.00 1.70 $37.40 $59.50 HIS Housing Specialist
H16 Human Resources Coordinatior $18.00 1.70 $30.60 $45.90 H17 Human Resources Manager $27.50 1.86 $51.15 $92.07
H18 Human Resources Specialist $22.00 1.70 $37.40 $64.60 H19 Inspection Manager
H20 Inspection Specialists
H21 Insurance Specialist I
H22 Insurance Specialist II
H23 Insurance Specialist II
H24 Law Enforcement Specialist
H25 Logistics Specialists
H26 Logistics Manager
H27 Marketing Specialist $20.00 $24.00 1.77 $35.40 $42.48 H28 Paralegal/Legal Assistant I $16.00 $20.00 1.70 $27.20 $34.00 H29 Paralegal/Legal Assistant II $20.00 $24.00 1.70 $34.00 $40.80 H30 Paralegal/Legal Assistant III $28.00 $34.00 1.70 $47.60 $57.80 H31 Paralegal/Legal Assistant IV $36.00 $49.00 1.70 $61.20 $83.30 H32 Park Ranger
H33 Presentation Designer $28.00 $35.00 1.77 $49.56 $61.95 H34 Princinle Consultant $38.00 $70.00 1.86 $70.68 $130.20 H35 Proofreader $28.00 $32.00 1.77 $49.56 $56.64
DocuSign Envelope ID: 06F94C55-EBD7-480F-9796-C986B295E663 H36 Public Assistance Specialist
H37 Safety Manaver
H38 Security - unarmed
H139 Security - armed
H40 Senior Writer $25.00 $40.00 1.77 $44.25 $70.80
1141 Social Media Manager $28.00 $35.00 1.77 $49.56 $61.95 H42 Transportation Manager
H43 Website Designer $30.00 $38.00 1.77 $53.10 $67.26
Scientific:
101 Wildlife Biologist
102 Environmental Coordinator I
103 Geologist
Miscellaneous:
J01 Cashier
J02 Desk Clerk $12.00 $16.00 1.65 $19.80 $26.40
J03 Lifeguard
J04 Park Attendant (Aide)
JOS Recreation Aide/Health Facility Attendant
J06 Recreation Specialist
J07 Sales Clerk
J08 School Crossing Guard
J09 Sports Official
J10 Load Ticket Data Entry Clerk
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 FORM E - ADDITIONAL VALUE ADDED SERVICES THAT CAN BE OFFERED TS06-21 Title: Temporary Staffing, Direct-Hire and Other Employer Services Offeror
Name: Robert Half International Inc.
1) Quote each Value Added Service (VAS) on a single separate line. Pricing must be included in order for Notes: the VAS to become accepted and approved.
(Important)
2) Use a single Form E for ALL Items. Add/Insert additional lines as necessary.
Code Offered Rate,
(if any) Description of Additional Services Price or Range A12, A13 Finance Director and CFO. We added these roles to Forn D2 with highlights and pricing See Form D2 Our Salaried Professional Service (SPS) for recurring projects and long-term interim work is a 135% unique differentiator for Robert Half. When staffing continuity is imperative for our clients, we often leverage our SPS professionals. These Robert Half employcos have choson a full-time career with the company and receive a competitive full-time salary and benefits. By offering skilled protessionals this career opportunity, we can provide our clients with access to professionals who ensuring our clients are completing projects on time and on budget.
NOTE: The mark-up for individuals assigned through Salaried Professional Services (SPS) will be one-hundred and thirty-five percent (135%).
Individuals assigned through SPS are not intended for contract-to-hire. In the event H-GAC hires an SPS professional, the conversion fee will equal 50% of the professional's aggregate annual compensation, including bonuses.
New Proposed Pricing
FORM E - ADDITIONAL VALUE ADDED SERVICES THAT CAN BE OFFERED TS06-21 Title: Temporary Staffing, Direct-Hire and Other Employer Services Offeror Robert Half International Inc.
Name:
1) Quote each Value Added Service (VAS) on a single separate line. Pricing must be included in order for Notes: the VAS to become accepted and approved.
(Important) 2) Use a single Form E for ALL Items. Add/Insert additional lines as necessary.
Code Description of Additional Services Offered Rate,
(if any) Priceor Range
F66 ERP Consultant. We added theis roles to Forn D2 with highlights and pricing See Form D2 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Our Salaried Professional Service (SPS) for recurring projects and long-term interim work is a 144% unique differentiator for Robert Half. When staffing continuity is imperative for our clients, we often leverage our SPS professionals. These Robert Half employees have chosen a full-time career with the company and receive a competitive full-time salary and benefits. By offering skilled professionals this career opportunity, we can provide our clients with access to professionals who are not typically available through traditional temporary staffing services. The Salaried Professionals we assign are completely focused, eliminating staff disruptions during projects work.
The result is efficiency and productivity when you need it the most, minimizing turnover and ensuring our clients are completing projects on time and on budget.
NOTE: The mark-up for individuals assigned through Salaried Professional Services (SPS) will be one-hundred and thirty-five percent (135%).
Individuals assigned through SPS are not intended for contract-to-hire. In the event H-GAC hires an SPS professional, the conversion fee will equal 50% of the professional's aggregate annual compensation, including bonuses.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 HONO
HOUSTON-GALVESTON AREA COUNCIL
SERVING TODAY • PLANNING FOR TOMORROW
Houston-Galveston
Area Council
August 19, 2022
Ms. Melinda Alison
Vice President
Robert Half International, Inc.
2884 Sand Hill Road
Menlo Park, California 94025
RE: Contract Changes on Contract TS06-21 for the Supply of Temporary Staffing, Direct Hire and Other Employer Services
Dear Ms. Alison:
The Houston-Galveston Area Council has reviewed your request for contract changes in the above referenced contract (see attachments). We have determined that the changes are reasonable and conform to the provisions of the contract. Therefore, the request is approved.
Sincerely,
-DocuSigned by:
Rome 0. Barres
• D3E2DDD166F2488...
Ronnie O. Barnes
Director of Public Services
ROB/bb
Enclosures
Sireet: 3555 Timmons Lane, Suile 120, Houston, TX 77027 " Mail: P.O. Box 22777, Houston, Texas 77227-2777 Phone: (713) 027-3200 • Fax: (7 13) 993-2414 = Web: h-gac.com • Social: (@HouGalvAreaCog DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 Date: June 13, 2022
To: Brian Denzel
From: Jim Glover
RE: Contract Change Request
Contract # TS06-21
Contractor: Robert Half International, Inc.
Robert Half International, Inc., in correspondence dated June 7, 2022 has requested that their contract be amended to reflect price updates effective July 8, 2022.
Staff has reviewed the request and determined it to be in accordance with applicable contract requirements. The new pricing is 3 to 4% higher and reflects current market pricing. Approval is recommended.
Please advise if and when request is approved so that we may advise appropriate staff and arrange for website update.
Thank you.
JG
Attachments/
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C9868295E663 rn Robert Fait
Strategic Accounts
June 7, 2022
Attention:
Brian Denzel
Brian, good afternoon.
We really enjoyed getting together for lunch last month. Great to see you, the team, and catch up. in follow up to our rate increase discussion at lunch, we wanted to discuss a pricing increase for a few areas of our business.
The 3 areas we would propose an increase include:
• For our contract accounting practice group - we are proposing an increase to a 75% mark up • This would apply to the following Codes: A01-A03; A05-A07; A10-A11; B01-B03- highlighted REO on rate card
• For our contract administrative support and clerical practice group - we are proposing an increase to a 71% mark up
• This would apply to the following Codes: B04-B06; B08-B17; B20; B22-B28; B30-B31; B35-B37; D13; E04-E05; E11-E12; E14; E20; J02 - highlighted SUm on rate card • For our contract information technology practice group - we are proposing an increase to a 75% mark up
• This would apply to the following Codes: F01-F23; F25-F66 - highlighted SREEN on rate card
** see PDF attachment of 6.7.2022 Proposed Rate Card Changes This proposal is based on many factors:
• Over the past 12 months, average hourly earnings have increased by 5.2 percent. • Reservation Wage-- the minimum a candidate will take for a job offer - has increased 25% in the past year.
• In a survey of 376 C-suite executives - done by Robert Half - 62% are increasing salaries for current staff to help close wage gaps.
• Demand in technology, administrative, and accounting/finance remain very high - supply continues to be an issue - thus increasing the competition to source and retain candidates - paying competitively is necessary.
• Technology - Q1 2022 unemployment rate for top 8 IT roles RH places was - on average
1.96%; compared to the national rate of 3.6%.
© 2021 Robert Half International Inc. An Equal Opportunity Employer M/F/D/V.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 rn Robert Hair
Strategic Accounts
Tech employers continue to up the ante to attract top talent 78% 68% 60% 54%
plan to increase the number of are adding new peranent positions. are increasing starting salaries to are offering remule options and contract employees in their attract and hire skilled candidates. considering sandidates outside their deparment. office'susual geography.
• Accounting - Addressing digital transformation and skills gaps continues driving hiring in this sector. Employers are finding they must increase salaries to attract and retain skilled professionals. Q1 2022 unemployment rate for top 6 finance roles RH places was - on average is 1.76%; compared to the national rate of 3.6%. • Administrative and customer support - Q1 2022 unemployment rate for top 7 roles RH places was - on average 2.84%; compared to the national rate of 3.6%.
Thank you for your partnership!
Melinda Alison
Vice President
Strategic Accounts
737.346.6414 office 314.480.2080 mobile
Connect with us: Linkedin | Facebook | Twitter | Instagram | YouTube © 2021 Robert Half International Inc. An Equal Opportunity Employer M/F/D/V.
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 FORM D2 - PRICING PAGE #2.1 Procurement No.: TS06-21
Title: Temporary Staffing, Direct-Hire and Other Employer Services Offeror: Robert Half international inc. 6.7.2022 Proposed Pricing Code Occupation Description Pricing Range Mark-Up % Total Total Mark-Up % Total Total Please Use a Please Use a
Whole Number as Whole Number
Low High the % (MU). Low High as the % (MU). Low High
Example 25% = Example 25% =
1.25 1,25
Accounting:
ADI (Accountant I 520 30 $31.90) 1.70 $34.51 $54 23 1.75 535.531 $55.83 A02 Accortant I $30.00 $49,00 170 $51.00 $83.30 1,75 $52.50 585.75 AD3 bonancial Anniyatt 52,1:00 $32.50 1:70 SaS.70 $55.25 1.75 536.72 $56.88 A04 Financial Analyst II $33.00 $52.80 1.86 $61.38 $98.21 A05 Payroll Clerk 51700 Sa5.00 1:70 $28.10 1,75 129.75 $42.75 A06 Cost Accounnng Specialin $22.00 $44:00 1:70 $37.40 574,80 1.75 538.30 $77,00 A01 CPA $25.00 $50.00) L70 $42.50 $85.00 1.75 543.75 58750 A08 Financial / Business Analyst $22.00 $49.50 1.86 $40.92 $92.07 A09 Controller $35.20 $60.00 1.86 $65.47 $111.60
AI0 Auditioe T S19:80 $30.80 1.70 533.66 $52.36 1.75 $1A.65 $53.90 Audi $29:00 $48.00 1.70 $49.30 $81.60 1,75 550.75 58A.0C A12 Finance Director $55.00 $95.00 1.86 $102.30 $176.70 A13 Chief Financial Officer $80.00 $150.00 1.86 $148.80 $279.00 Administrative Support and Clerical:
BOT $12.00 1.70 $20,40 $30,60 1.75 $21.00) $31.50
BIZ 518:00 ·21:00 530.60) 535.70 1.75 531.501 536.75
521.00 524.00. 1,70 $35.70 $40.80 1.75 $36.75 $42.00
$31.35 171 S2221 $32.4
1.85 $24.751 342.90 1.72 32s.551 SALLE
315.00 1.65 $19.10 33A35 L71 $25.5
B07 Court Reporter
31500 1.55 $34.751 $29.7R 1.7E 330 T
518.00 572.50 1:65 529.201 335.30 LIVE 530 71 587.8
32006 1.55 $36.30
218.00 276.40 520 Sl
SISIO SZ0X.00 $25.40 3311.00 121 53421
S1300 S18 DO 65 529,70 L.71 5a09
18.00 34755 53243
200 334.75 1:71 320.51
131
1.71 $34.20
B18 Legal Secretary L $18.00 $24.00 1.70 $30.60 $40.80
B19 Legal Secretary II $24.00 $31.00 1,70 $40.80 $52.70 L7T SUST 515.45
B21 Messenger Courier
512:00 31500 165 $19.80 524.75 17E 32052 $25.68
515,00 1.60 24.21 52930 1.71 55.65 S3023
816 00 522.00 11.65 328.00 336.30 530.71 517.67
51500 52500 1.63 524 251- $4125 17L 342.75
5E100 SI5X00 22455 S25.65
315.00 S18,08 1.55 534,75 379:70 1071 58.0 53029
S18 00) 52510 165 7477 341.25 171 530.70 342.75
B29 Supply Technician
$16.00 530.57
BOT S3S Cu
B32 Travel Clerk I
B33 Travel Clerk IT
B34 Travel Clerk IT
53057
575.007 S1Z.00 155 31095 525.i6
S1R.00 $21.00) 529.30 $36.30 53071 387.60
Education:
C01 Teacher I
C02 Teacher II
C03 Teacher III
C04 At Risk Counselor I
General Services and Materials Handling Support :
D01 Forklift Operator
D02 Gardener
D03 General Maintenance Worker
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 D04 Janitor
DOS Laburer
D06 Librarian
D07 Library Aide/Clerk
D08 Library Technician
D09 Material Coordinator
DIO Material Handling Laborer
D11 Order Filler
D12 Shipping Packer
SINCE 318.20 $23,70 171 12052 53078
D14 Stock Clerk
D15 Park Naturalist
D16 Recreation Specialist
D17 Warehouse Specialist
Health:
B01 Breath Alcohol Technician
E02 Certified Occupational Therapist Assistant
B03 Certified Physical Therapist Assistant
31500 1a5 54050i
E06 Dental Assistant
E07 Dental Hygienist
E08 Dietary Aide
E09 EKG Technician
E10 Electroneurodiagnostic Technologist
- 165
B13 Emergency Medical Technician
1-6: 3242) 340 4B 171
EIS Licensed Practical Nurse I
E16 Licensed Practical Nurse II
E17 Licensed Practical Nurse III
E18 Medical Assistant
819 Medical Laboratory Technician
511.00 319.00 165 $1L3S) 171 S12es
E21 Medical Record Technician
B22 Medical Transcriptionist
E23 Nuclear Medicine Technologist
E24 Nursing Assistant I
E25 Nursing Assistant II
E26 Nursing Assistant III
E27 Nursing Assistant IV
E28 Optical Dispenser
E29 Optical Technician
E30 Pharmacy Technician
B31 Phlebotomist
E32 Radiologic Technologist
B33 Registered Nurse I
E34 Registered Nurse Il
B35 Registered Nurse III
B36 Registered Nurse IV
E37 Scheduler (Drug and Alcohol Testing)
E38 Substance Abuse Treatment Counselor
Information Technolosy:
F01 Application Developer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00 $131,25 F02 Application Support Analyat $30.00 360.00 1.70 $51.00 $102.00 1,75 $52.50 $105.00 F03 Applications Engincer $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00 $131,25 F04 Computer Operator I $18.00 $27.00 1.70 $30.60 $45.90 1.75 $31.50 $47.25 FOS Computer Operator I $25.00 $34.00 1,70 $42.50 $57.80 1.75 $43.75 $59.50 F06 Computer Operator I $32.00 $39.00 1.70 $54.40 $66.30 1.75 $56.00 $68.25 F07 Computer Operator IV $40.00 $49.00 1,70 $68.00 $83.30 1,75 $70.00 $85.75 F08 Computer Operator V $48.00] $60.00 1.70 $81.60 $102.00 1.75 $84.00 $105.00 F09 Computer Proprammer I $33.00 $49.50 1.70 $56.10 $84.15 1.75 $57.75 $86.63 F10 Computer Programmer Il $50.00 $60.50[ 1.70 $85.00 $102.85 1.75 $87.50 $105.88 F11 Computer Programmer HI $61.00 577.00 1.70 $103.70 $130.90 1.75 $106.75 $134.75 F12 Computer Programmer IV $78.00 $93.50 1.70 $132.60 $158.95 1.75 $136.50 $163.63 F13 Computer Systems Analyst I $30.00 $40.00 1.70 $51.00 $68.00 1,75 $52.50 $70.00 F14 Computer Systems Analyst II $40.00 $50.00 1.70 $68.00 $85.00 1.75 $70.00 $87.50 FIS Computer Systems Analyst II $50.00 $77.00 1.70 $85.00 $130,90 1.75 $87.50 $134.75 F16 Customer Support Administrator $17.00 $35.00 1.70 $28.90 $59.50 1.75 $29.75 $61.25 E17 Customer Support Specialist $15.00| $20.00 1.70 $25.50 $34.00 1.75 $26.25 $35.00 DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 F18 Database Administrator $38.50 $70.00 1.70 $65.45 $119.00 1.75 $67.38 F19 Data Center Support Specialist $35.00 $70.00 1.70 $59.50 $119.00 1.75 $61,25
F20 $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25
F21 $18.00 $26.00 1.70 $30.60 $44.20 1.75 $31.50
F22 Developer $35.00 $70.00 1.70 $59.50 $119.00 1.75 $61.25 F23 $40.00 $95.00 1.70 $68,00 $161.50 1.75 $70.00
F24 $45.00 $55.00 1.77 $79.65 $97.35
F25 ms) T ech. I $33.00 $55.00 1.70 $56.10 $93.50 1.75 $57.75 F26 ms) Tech. $44.00 $66.00 1.70 $74.80 $112.20 1.75 $77.00 F27 $15.00 $20.00 1.70 $25.50 $34.00 1.75 $26.25
F28 $15.00 $25.00 1,70 $25.50 $42.50 1.75 $26.25
F29 Manager $35.00 $60.00 1.70 $59.50 $102.00 1.75 $61.25 F30 ordinator $20.00 $35.00 1.70 $34,00 $59.50 1.75 $35.00 F31 ector $40.00 $95.00 1,70 $68.00 $161.50 1,75 $70.00 F32 Lager $33.00 $68.00 1.70 $56.10 $115.60 1.75 $57.75 F33 $33.00 $50.00 1,70 $56.10 $85.00 1.75 $57.75
F34 $18.00 $30.00 1.70 $30.60 $51.00 1.75 $31.50
F35 $35.00 $50.00 1,70 $59.50 $85.00 1.75 $61.25
F36 $40.00 $75.00 1.70 $68.00 $127.50 1,75 $70.00
F37 sicans Director $40.00 $80.00 1.70 $68.00 $136.00 1.75 $70.00 F38 apport Clerk $22.00 $38.50 1.70 $37.40 $65.45 1.75 $38.50 F39 tor $35.00 $50.00 1.70 $59.50 $85.00 1.75 $61.25
F40 $18.00 $30.00 1.70 $30.60 $51.00 1.75 $31.50
F41 $30,00 $65.00 1.70 $51,00 $110.50 1.75 $52.50
F42 inistrator $45.00 $90.00 1.70 $76.50 $153.00 1.75 $78.75 F43 $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00
F44 $25.00 $40.00 1.70 $42.50 $68.00 1.75 $43.75
F45 $40.00 $90.00 1.70 $68.00 $153.00 1.75 $70.00
F46 $28.00 $40.00 1.70 $47.60 $68.00 1.75 $49.00
F47 $40.00 $75.00 1.70 $68.00 $127.50 1.75 $70.00
F48 $30.00 $65.00 1.70 $51.00 $110.50 1.75 $52.50
F49 $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25
F50 $40.00 $70.00 1.70 $68.00 $119.00 1.75 $70.00
F51 $45.00 $75.00 1.70 $76.50 $127.50 1.75 $78.75
F52 Analyst $35.00 $55.00 1.70 $59.5D $93.50 1.75 $61.25 FS3 $18.00 $28,00 1.70 $30.60 $47.60 1.75 $31.50
FS4 $30.00 $45.00 1.70 $51.00 $76.50 1.75 $S2.50
FSS $20.00 $35.00 1.70 $34.00 $59.50 1,75 $35.00
F56 $30.00 $55.00 1.70 $51.00 $93.50 1.75 $52.50
FS7 $18.00 $28.00 1.70 $30.60 $47.60 1.75 $31.50
FS8 $10.00 $80.00 1,70 $68.00 $136.00 1.75 $70.00
F59 $18.00 $28.00 1.70 $30.60 $47.60 1.75 $31.50
F60 $20.00 $32.00 1,70 $34.00 $54.40 1.75 $35.00
F61 $18.00 $32.00 1.70 $30.60 $54.40 1.75 $31,50
F62 $32.00 $45.00 1.70 $54.40 $76.50 1.75 $56.00
F63 $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25
F64 Web Master $35.00 $55.00 1.70 $59.50 $93.50 1.75 $61.25 F66 $82.35 $120.00 1.70 $140.00 $204,00 1.75 $144,11
G01 Buyer T
GO2 Виуст II
G03 Buyer II!
G04 Purchasing Manager $33.00 $77.00 1.86 $61.38 $143.22 Professional:
HOI Attorney $30.00| $50.001 1.78 $53.40 $89.00
H02 Business Development Manager
H03 Business Development Sales Rep.
H04 Contract Administrator $18.00 $27.00 1.70 $30.60 $45.90 H05 Contract Specialist $25.00 $30.00 1.70 $42.50 $51.00 H06 ammunity Relations Representative
H07 ammunity Relations Representative 1
H08 Compliance Manager $44.00 1.70 $54.40 $74.80
H09 Contract Administrator $27.00 1.70 $30.60 $45.90
H10 Contract Manager $40.00 1.70 $51.00 $68.00
H11 Executive Consultant $80.00 1.86 $83.70 $148.80
H12 Facility Manager
H13 Fire / HAZMAT Specialist
H14 Grant Administrator $35.00 1.70 $37.40] $59.50
HIS Housing Specialist
H16 Human Resources Coordinatior $27.00 1.70 $30.60 $45.90 H17 Human Resources Manager $49.50 1,86 $51.15 $92.07
DocuSign Envelope ID: 06F94C55-EBD7-460F-9796-C986B295E663 H18 Human Resources Specialist $22.00 $38.00 1.70 $37.40 $64.60 1119 Innoction Managcr
H20 Inspection Specialists
H21 Insurance Specialist I
H22 Insurance Specialist II
H23 Insurance Specialist I!!
H24 Law Enforcement Specialist
H25 Logistics Specialists
H26 Logistics Manager
H27 Marketing Specialist $42.48
H28 Paralegal/Legal Assistant 1 $34.00
H29 Paralegal/Legal Assistant II $40.80
H30 Paralegal/Legal Assistant Il $57.80
H31 Paralegal/Legal Assistant IV $83.30
H32 Park Ranger
H33 Presemation Designer $28,00 $35.00 L.77 $49.56 $61.95 H34 Principle Consultant $38.00 $70.00 1.86 $70.68 $130.20 H35 Prooficader $28.00 $32.00 1.77 $49.56 $56.64
H36 Public Assistance Specialist
H37 Safety Manager
H38 Security - marmed
H39 Security- armed
H40 Scnior Writer $25.00 $40.00 1.77 $44.25 $70.80
H41 Social Media Manger $28.00 $35.00 1.77 $49.56 $61.95 H42 Transportation Manager
H43 Website Designer $30.00 $38.00 1.77 $53.10 $67.26
Scientific:
I01 Wildife Biologist
102 Environmental Coordinator I
103 Geologist
Miscellaneous:
JOL [Cashier
$12.00 1.65 519501 $26.40 171 300.58 527.38
J03
304 Park Attendant (Aide)
JOS
306
307
308 School Crossing Guard
J09 Sports Official
J10 Load Ticket Data Entry Clerk
Average Price Increase Percent 3-4%