Loading...
23-097 Robert Half - Temporary Staffing Services 1 of 6 Master Service Agreement / July 2023 ☐ ☐ ☐ MASTER SERVICES AGREEMENT FOR TEMPORARY STAFFING 1. Parties. This Agreement (“Agreement”) is made by and between the City of Cupertino, a municipal corporation (“City”) and Robert Half Inc. (“Contractor”), for Consulting Services Agreement for Temporary Staffing Services, and is effective on the last date signed below (“Effective Date”). 2. Services. Contractor agrees to provide the programs, classes or activities (“Services”) set forth in detail in the Scope of Services, attached and incorporated here as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19. 3. Time of Performance. This Agreement begins on the date of its acceptance (“Effective Date") and the end date is two (2) years after the effective date (“Contract Time”), unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit B. Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. The City’s designated supervisor for this Agreement may extend the Contract Time via written amendment executed by City and Contractor for up to six (6) months through a written amendment to this Agreement, provided such extension does not include additional contract funds. 4. Compensation. City will pay Contractor for performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed $50,000 (“Contract Price”), The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid as follows: (check one; cross out others): A lump sum amount of $ which shall not exceed the Contract Price. At the rate of $ per hour for a total not to exceed the Contract Price. Based on the payment schedule included or attached to Exhibit C which shall not exceed the Contract Price. 5. Independent Contractor. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of organizing the performance of the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to organize the Services under this Agreement. 2 of 6 Master Service Agreement / July 2023 6. Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service, or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 7. Assignment. This Agreement is not assignable by either Party. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 8. Indemnification. To the fullest extent allowed by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City which shall not be unreasonably withheld, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including reasonable attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly from this Agreement and Contractor or its agent’s: (a) Breach of contract, obligations, representations or warranties; or (b) Negligent or willful misconduct committed during performance of the Services. Notwithstanding anything to the contrary in this Agreement, Contractor shall not be liable for, or have any duty of defense or indemnification with respect to the Indemnitee’s breaches of the contract, obligations, representations or warranties or its negligent or willful misconduct. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on 3 of 6 Master Service Agreement / July 2023 ☐ such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 9. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice terminating the Agreement. 10. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a con flict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 11. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for Services performed through the date of abandonment. 12. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves the right to terminate the Agreement and the remainder of the Services offered by Contractor without notice based upon Contractor’s cancellation of a Service (i.e., program, class or activity) without 4 of 6 Master Service Agreement / July 2023 giving advance notice or obtaining written approval from City. Contractor may terminate the Agreement for Cause. 13. Governing Law. This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 14. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement or understanding, either oral or written, between the Parties. Any changes to this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. 15. Services Coordinator. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor’s designation and any substitution are subject to City approval. For Contractor: For City: Ireneo Mendoza Kristina Alfaro Ireneo.Mendoza@roberthalf.com KristinaA@cupertino.org 16. Contract Interpretation. There are no intended third-party beneficiaries of this Agreement. Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 17. Severability. If a term or provision of the Agreement or its application to a particular situation is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 18. Notices. All notices, demands, requests, and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: 5 of 6 Master Service Agreement / July 2023 To Contractor: Robert Half Inc. PO BOX 743295 Los Angeles, CA 90074-3295 Attention: Ireneo Mendoza Email: Ireneo.Mendoza@roberthalf.com With a Copy to: Robert Half Inc. Attn Client Contracts Dept. 2613 Camino Ramon San Ramon, CA 94583 To City of Cupertino Human Resources 10300 Torre Ave. Cupertino, CA 95014 Attention: Vanessa Guerra Email: VanessaG@cupertino.org 19. Execution. Contractor’s signatory warrants that he or she is authorized to execute the Agreement and to legally bind Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 20. Additional Terms. This Agreement is only applicable to, and the only Robert Half Inc. branch and practice groups obligated to provide Services to City under this Agreement are the administrative & customer support and finance & accounting practice groups of the branch office located in Santa Clara, CA. IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective Date written above. CONTRACTOR Robert Half Inc. CITY OF CUPERTINO A Municipal Corporation By:_ By:_ Name: Name: Title: Date: Title: Date: ireneo mendoza ireneo mendoza Regional Vice President 08/22/23 Kristina Alfaro Director of Administrative Services 08/23/23 6 of 6 Master Service Agreement / July 2023 APPROVED AS TO FORM: By: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: By: KIRSTEN SQUARCIA City Clerk Date: Christopher D. Jensen 08/29/23 EXHIBIT A Scope of Services Robert Half Inc. (“Contractor”) will provide temporary stalfing services to the City of Cupertino (“City”) on an as-needed basis, including but not limited to, staff in the following departments: Administrative Services and Innovation & Technology. Contractor’s employees assigned to the City shall be referred to herein as “temporary staff.” The temporary staff identiffed will be only authorized to perform work within the scope of the assignment. For each placement, Contractor will send a writing conffrming the temporary staff’s name, role, hourly rate, and start date. City shall supervise temporary staffs providing services to City. City shall not permit or require temporary staffs (i) to perform services outside of the scope of temporary staff’s assignment; (ii) to sign contracts or statements (including SEC documents); (iii) to make any management decisions; (iv) to make any ffnal 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) to use computers, or other electronic devices, software or network equipment owned or licensed by temporary staff; (vii) to operate machinery (other than olfice machines) or automotive equipment. City may request that Contractor permit its temporary staffs to provide services to City remotely (i.e., from a location other than City’s olfices) using City’s or Contractor’s laptop and/or other computer or telecommunications equipment (the “Equipment”). City acknowledges and agrees that Contractor 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 temporary staff, and (ii) the security, integrity, and backing up of the dat a and other information stored therein or transmitted thereby. Moreover, City must not permit temporary staff to save or store any of City’s ffles or other data on the Computer Systems provided by Contractor (including, but not limited to, any virtual desktop infrastructure solution). City agrees that Contractor shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. Since Contractor is not a professional accounting ffrm, City agrees that City will not permit or require temporary staff (a) to render an opinion on behalf of Contractor or on City’s behalf regarding ffnancial statements; (b) to sign the name of Contractor on any document; or (c) to sign their own names on ffnancial statements or tax returns. If City requires Contractor to perform background checks or other placement screenings of temporary staffs, City agrees to notify Contractor prior to the start of services under this Agreement. Contractor will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement. If City requests a copy of the results of any checks conducted on Contractor's temporary staffs, City agrees to keep such results strictly conffdential and to use such results in accordance with applicable laws and solely for employment purposes. 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 (ii) ensuring that safety plans exist for, and safety related training is provided to, temporary staffs working on City's premises. City agrees to hold in conffdence the identity of any temporary staff and the temporary staff’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, modiffcation or disclosure. EXHIBIT B Schedule of Performance Consultant shall perform temporary stalfing services set forth in Exhibit "A”. Each stalfing assignment identiffed will have a speciffc term period that can be modiffed with approval from both parties. Additionally, each temporary staff assignment may be ended within 5 business days or immediately if actions by the assigned temporary staff violate City policy, local, state or federal law. The effective date of the agreement is the date of its acceptance, and the end date is two years after the effective date. EXHIBIT C Compensation Contractor shall be compensated for stalfing services provided pursuant to this Agreement in a total amount not to exceed fffty thousand dollars ($50,000) (the “Not-to- Exceed Amount”). Notwithstanding anything to the contrary in this Agreement, Contractor may at any time, in its sole discretion, discontinue performance of the services once the Not-to-Exceed Amount has been attained (even if Contractor continued to provide services after the Not-to-Exceed Amount was reached). Hourly rates for all assignments will be agreed on a case-by-case basis. temporary staff will present a time sheet or an electronic time record to City for veriffcation and approval at the end of each week. Contractor will bill City weekly for the total hours worked; Contractor's invoices are due upon receipt, including applicable sales and service taxes all of which are payable by City. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law deffnes 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. Contractor may charge City a fee for the provision of equipment or technology, if City requests that temporary staff use equipment or technology provided by Contractor. Contractor may also increase Contractor’s rates to reifect increases in Contractor’s cost of doing business, including costs associated with higher wages for workers and/or related taxes, beneffts or other costs. Contractor will provide written or verbal notice of technology charges and/or increases in rates. Any increase in rates will be prospective, starting as of the effective date Contractor speciffes. Contractor guarantees City's satisfaction with Contractor's temporary staff's services by extending to City an eight (8) hour guarantee period. If, for any reason, City is dissatisffed with the temporary staff assigned to City, Contractor will not charge for the ffrst eight (8) hours worked, provided Contractor is allowed to replace the temporary staff. Unless City contacts Contractor before the end of the guarantee period, City agrees that Contractor's temporary staff is satisfactory for purposes of this guarantee. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Rev August 2023 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self -insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Rev August 2023 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/25/2023 Arthur J.Gallagher Risk Management Services,LLC 500 N.Brand Boulevard,Suite 100 Glendale CA 91203 Robert Half Certificates 818-539-1463 roberthalf_certificates@ajg.com License#:0D69293 Federal Insurance Company 20281 ROBEHAL-03 Underwriters at Lloyd's London 15792RobertHalfInternationalInc 2613 Camino Ramon San Ramon,CA 94583 Safety National Casualty Corporation 15105 1312622849 A X 2,000,000 X 2,000,000 X Stop Gap Em.Liab 10,000 X in OH,WA,WY,ND 2,000,000 2,000,000 X Y 35796687 6/1/2023 6/1/2024 2,000,000 Employer Liability 1,000,000 A 1,000,000 X Y 73233217 6/1/2023 6/1/2024 Comp/Coll.Ded:1,000/$1,000 A X X 25,000,000792171076/1/2023 6/1/2024 25,000,000 X 0 C X N Y See Attached Supplemental 6/1/2023 6/1/2024 1,000,000 1,000,000 1,000,000 B Professional Liability W268C2230501 3/31/2023 3/31/2024 PerClaim/Aggregate $5,000,000 Professional Liability coverage are claims made and reported during the policy period. Named Insured includes the following:Accountemps,Office Team,Robert Half Finance &Accounting,Robert Half Technology,Robert Half Management Resources,Robert Half Legal,and The Creative Group which are direct subsidiaries of the parent company:Robert Half International 2613 Camino Ramon; San Ramon CA 94583.The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are deemed Additional Insured on the above referenced General Liability on a primary and non-contributory basis and Auto Liability Policies where required by written contract for liability arising out of the Named Insureds'acts or omissions.Please refer to attached Chubb General Liability form 80-02-2367 for scope of Additional Insured status. Rights of Subrogation have been waived with respects to Workers Compensation where required by written contract executed prior to loss.Should the General Liability be cancelled before the expiration date thereof,the issuing company will mail thirty (30)days written notice to the Certificate Holder. City of Cupertino 10300 Torre Ave Cupertino CA 95014 Policy#States Eff. Date Exp. Date Issuing Company NAIC # LDS4064812 AOS: AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, OK, OR, PA RI, SC, SD, TN, TX, UT, VT, VA, WV, WY 6/1/2023 6/1/2024 Safety National Casualty Corp 15105 PS 4064813 WI 6/1/2023 6/1/2024 Safety National Casualty Corp 15105 Robert Half International Inc. and Protiviti Inc. 2023-2024 RHI Workers Compensation Policy Numbers Additional Insured - Scheduled Person Or Organization continued 80-02-2367 (Rev. 5-07) Endorsement 1 Liability Insurance Form Page 3579-66-87 SFO FEDERAL INSURANCE COMPANY JUNE 1, 2015 TO JUNE 1, 2016 JUNE 10, 2015 JUNE 1, 2015 ROBERT HALF INTERNATIONAL, INC This Endorsement applies to the following forms: Name of Company Endorsement Policy Number Effective Date Policy Period Date Issued Liability Insurance Insured GENERAL LIABILITY Who Is An Insured the following provision only: them but they are insuredAdditional Insured -you are Scheduled Person Or Organization by this policy. Is An Insured, However, the person or organization is an insured is added ; withobligated pursuant to a to shown or agreement to are insureds is•if or organizations the extent the person or organ Persons and then only contract in the Schedule provide Under Who ization . described in the Schedule; such insurance s only if as is afforded • for eement; and did not occur, in whole requires the person or • agr act an insured loss, cost or expense for injury or to• status as to damages, or agreement or in part, before the of with respect that contract damage which this insurance applies. such ; execution the be affordedto the extent organizationto contract orivities • person is more specificallyidentified under this provision: of the No section organizationis an insured under any other provision Whothat or (regardless of any limitation applicablethereto). Is An Insured • expense for injury absence of , to which this insurance person would have in the or contr or agreement.This limitation does not apply cost or with act to any assumption of liability(of another applies,that the respect damage such contract or agreement. liabilityfor damages organization in to the or organization)by them a person or , loss, Reference Copy JUNE 1, 2023 TO JUNE 1, 2024 JUNE 1, 2023 JUNE 1, 2023 Additional Insured - Scheduled Person Or Organization last page 80-02-2367 (Rev. 5-07) Endorsement 2 Liability Insurance Form Page Liability Endorsement (continued) Conditions from insurance availableto such Other Insurance – person Primary, Noncontributory case Insurance – Scheduled Person Or Organization this insurance is primary and we a contract or added to the th shown are obligated,pursuant to will not seek contribution or you Conditions, the following provision is agreement, afforded by If organization. with Schedule Schedule Under in the primary insurance such as is to condition provide titled policy, then in suchthis Other Insurance. e person or organization Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Reference Copy PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY; BUT THEY ARE INSUREDS ONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOWEVER, NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION OF THE WHO IS INSURED SECTION OF THIS POLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2023 Policy No. LDS4064812 Endorsement No. Insured ROBERT HALF INTERNATIONAL, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By ________________________________ WC 00 03 13 (04 84) © 1983 National Council on Compensation Insurance. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT, SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY. INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2023 Policy No. PS 4064813 Endorsement No. Insured ROBERT HALF INTERNATIONAL, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By ________________________________ WC 00 03 13 (04 84) © 1983 National Council on Compensation Insurance. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT, SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY. INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER.   COMMERCIAL AUTOMOBILE – BLANKET ADDITIONAL INSURED – POLICY EXCERPT Insured Robert Half International, Inc Policy Number 7323-32-17 Policy Effective June 1, 2023 – June 1, 2024; 12:01am Standard Time Form Number 16-02-0292 (rev. 11-16)   BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 2. BROAD FORM INSURED D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 – WHO IS AN INSURED – of SECTION II – LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. Robert Half - Temporary Staffing Services Final Audit Report 2023-08-29 Created:2023-08-23 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA6dLl-ySjuaEQK1pM26Bz-VavrtAzcmVJ "Robert Half - Temporary Staffing Services" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-08-23 - 0:02:02 AM GMT- IP address: 35.229.54.2 Document emailed to Janet Liang (janetl@cupertino.org) for approval 2023-08-23 - 0:06:23 AM GMT Email viewed by Janet Liang (janetl@cupertino.org) 2023-08-23 - 0:23:05 AM GMT- IP address: 104.47.74.126 Document approved by Janet Liang (janetl@cupertino.org) Approval Date: 2023-08-23 - 0:23:39 AM GMT - Time Source: server- IP address: 73.158.94.229 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-08-23 - 0:23:41 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-08-23 - 0:27:26 AM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to ireneo.mendoza@roberthalf.com for signature 2023-08-23 - 0:27:27 AM GMT Email viewed by ireneo.mendoza@roberthalf.com 2023-08-23 - 2:22:35 AM GMT- IP address: 104.47.51.126 Signer ireneo.mendoza@roberthalf.com entered name at signing as ireneo mendoza 2023-08-23 - 2:23:22 AM GMT- IP address: 98.33.11.201 Document e-signed by ireneo mendoza (ireneo.mendoza@roberthalf.com) Signature Date: 2023-08-23 - 2:23:24 AM GMT - Time Source: server- IP address: 98.33.11.201 Document emailed to Kristina Alfaro (kristinaa@cupertino.org) for signature 2023-08-23 - 2:23:25 AM GMT Email viewed by Kristina Alfaro (kristinaa@cupertino.org) 2023-08-23 - 4:44:10 AM GMT- IP address: 172.226.36.5 Document e-signed by Kristina Alfaro (kristinaa@cupertino.org) Signature Date: 2023-08-23 - 3:57:33 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to christopherj@cupertino.org for signature 2023-08-23 - 3:57:34 PM GMT Email viewed by christopherj@cupertino.org 2023-08-23 - 4:04:12 PM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-08-23 - 4:04:27 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-08-23 - 4:04:29 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-08-23 - 4:04:31 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-08-23 - 5:12:25 PM GMT- IP address: 104.28.111.135 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-08-29 - 8:26:26 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-08-29 - 8:26:26 PM GMT