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DocuSign Envelope ID:7B53E58E-3968-4AE2-98�06B3946C6E � CAG-18-006
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AGREEMENT FOR TEMPORARY AND TEMPORARY-TO-HIRE SERVICES
" THIS AGREEMENT ("Agreement"), dated 1/4/2018 ("Effective Date"), is by and between the City of
Renton (the "City"), a Washington municipal corporation, and Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services, ("Consultant"), a California corporation.The City and the Consultant are referred
to collectively in this Agreement as the"Parties." Once fully executed by the Parties,this Agreement is effective as
of the last date signed by both Parties.
1. Scope of Work: Consultant agrees to provide temporary and temporary-to-hire services as specified in
Attachment A, which is attached and incorporated herein and may hereinafter be referred to as the
"Work."
2. Chan�es in Scope of Work: The City, without invalidating this Agreement, and upon review and
agreement by Consultant, may request changes to the Work consisting of additions, deletions or
modifications. Any such changes to the Work shall be ordered by the City in writing and the
Compensation shall be equitably adjusted consistent with the rates set forth in Attachment B or as
otherwise mutually agreed by the Parties.
3. Time of Performance:Consultant shall commence performance of the Agreement upon the AgreemenYs
effective date.
4. Compensation:
A. Amount. Compensation to Consultant for Work shall be as provided in Attachment B, plus any
applicable state and local sales taxes. Compensation shall be paid based upon Work actually
performed according to the rate(s)or amounts specified in Attachment B.The Consultant agrees that
any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Attachment B. Except as specifically provided herein,
the Consultant shall be solely responsible for payment of any taxes related to the wages paid by
Consultant to Consultant's employees performance of Work provided to City under this Agreement.
To the extent that AppleOne may be required to pay the Consultant employee overtime or double
time under any federal,state,or local law,Consultant will bill City,as applicable: 1)at the appropriate
legal rate, based upon the employee's base wage for overtime or double time work, plus the
negotiated mark-up set forth herein or 2) for an overtime bill rate, which will be calculated by
applying a multiplier of 1.5 or 2.0 (based upon the legally applicable overtime wage rate) to the
Consultant employee's standard hourly bill rate.
B. Method of Pavment. Consultant shall submit a weekly voucher or invoice in a form specified by the
City, including a description of what Work has been performed, the name of the personnel
performing such Work,and any hourly labor charge rate for such personnel.The Consultant shatl also
submit a final bill upon completion of all Work. Payment shall be made by the City net upon receipt of
invoice for Work performed after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements of this
DocuSign Envelope ID:7653E58E-3968-4AE2-98.:�D663946C6E
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Agreement,the Consultant will correct or modify its performance to comply with the Agreement.The
City may withhold payment for work that does not meet the requirements of this Agreement.
C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by the City of any
remedies it may have against the Consultant for failure of the Consultant to perform the Work or for
any breach of this Agreement by the Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under
this Agreement for any future fiscal period, the City shall not be obligated to make payments for
Work or amounts incurred after the end of the current fiscal period, and this Agreement will
terminate upon the completion of all remaining Work for which funds are allocated. No penalty or
expense shall accrue to the City in the event this provision applies.
5. Termination:
A. The City or Consultant reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the non-terminating party in writing. In the event of
such termination or suspension, all finished or unfinished documents, data, studies, worksheets,
models and reports, or other material prepared by the Consultant pursuant to this Agreement shall
be submitted to the City, if any are required as part of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled to payment for
all hours worked to the effective date of termination, less all payments previously made. If the
Agreement is terminated by the City after partial performance of Work for which the agreed
compensation is a fixed fee,the City shall pay the Consultant an equitable share of the fixed fee. This
provision shall not prevent the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement. No payment shall be made by the City
for any expenses incurred or work done following the effective date of termination unless authorized
in advance in writing by the City.
6. Warranties And Risht To Use Work Product: Consultant represents and warrants that Consultant will
perform all Work identified in this Agreement in a professional and workmanlike manner and in
accordance with all reasonable and professional standards and laws. Compliance with professional
standards includes, as applicable, performing the Work in compliance with applicable City standards or
guidelines (e.g. design criteria and Standard Plans for Road, Bride and Municipal Construction).
Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable,
pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the City from using
the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this
Agreement.The City's or other's adaptation,modification or use of the final work products other than for
the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all
direct and indirect costs expended and Work provided in the performance of this Agreement and retain
such records for as long as may be required by applicable Washington State records retention laws, but in
any event no less than six (6) years after the termination of this Agreement. To the extent permitted by
applicable law and not in violation of any privacy and/or confidentiality laws, Consultant agrees to provide
access to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act(Chapter 42.56
RCW).The provisions of this section shall survive the expiration or termination of this Agreement.
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8. Public Records Compliance: To the full extent the City determines necessary to comply with the
Washington State Public Records Act, Consultant shall make a due diligent search of all records in its
possession or control relating to this Agreement and the Work, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Consultant believes said records need to be protected from
disclosure, Consultant will provide a written objection to City's production of all or parts of Consultant's
records. Upon receipt of Consultant's objection, should City determine that City will produce all or any
portions of Consultant's records pursuant to the Washington State Public Records Act,Consultant may,at
Consultant's own expense,seek judicial protection.Consultant shall indemnify,defend,and hold harmless
the City for all costs, including reasonable attorneys' fees, related to a Public Records Act request for
which Consultant has responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely manner, unless
those records are protected by court order. The provisions of this section shall survive the expiration or
termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth in this
Agreement.The nature of the relationship between the Consultant and the City during the period of
the Work shall be that of an independent contractor, not employee. The Consultant, not the City,
shall have the power to control and direct the details, manner or means of Work.Specifically, but not
by means of limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Work or where scheduling of attendance or
performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to
designate the means of performing the Work covered by this Agreement,and the Consultant shall be
entitled to employ other workers at such compensation and such other conditions as it may deem
proper, provided, however,that any contract so made by the Consultant is to be paid by it alone,and
that employing such workers,it is acting individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social
Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties
of an employer with respect to Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant
agrees to notify the City and complete any required form if the Consultant retired under a State of
Washington retirement system and agrees to indemnify any losses the City may sustain through the
Consultant's failure to do sa
10. Hold Harmless:The Consultant agrees to release, indemnify, defend, and hold harmless the City; elected
officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions,
suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, reasonable attorney's or attorneys' fees, costs,
and/or litigation expenses (collectively "Claims") to or by any and all persons or entities, arising from,
resulting from, or related to the negligent acts or willful misconduct of the Consultant in its performance
of this Agreement or a breach of this Agreement by Consultant, except for that portion of the Claims
arising from, resulting from, or related to by the City's violation of applicable law, negligence or willful
misconduct.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
(Validity of agreement to indemnify against liability for negligence relative to construction, alteration,
improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability
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� for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Consultant and the City, its officers, officials,employees and volunteers,
Consultant's liability shall be only to the extent of Consultant's negligence.
To the maximum extent permitted by applicable law, the Parties acknowledge and agree that neither
Consultant nor City, nor any of their respective affiliates, nor any of all of their respective officers,
directors,employees,or agents shall have any liability for any indirect,consequential,special or incidental
damages, damages for loss of profits or revenues, whether in an action in contract or tort, even if such
party has been advised of the possibility of such damages. The provisions of this section shall survive the
expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from
soliciting, accepting, or receiving any gift, gratuity or favor from any person,firm or corporation involved
in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the
Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that
Consultant does not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement,or evaluating the Consultant's performance of the Work.
12. Citv of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to
performing any Work and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
http://rentonwa.Qov/business/d efault.aspx?id=548&mid=328.
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/content/doin�business/re�istermvbusiness/
13. Insurance:Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or
require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided
with minimum limits of$1,000,000 per occurrence. "Professional Services", for the purpose of this
section,shall mean any Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of
Washington,shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned,leased, hired or non-owned,
with minimum limits of$1,000,000 per occurrence combined single limit, if there will be any use of
Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a
non-contributory primary basis.The City's insurance policies shall not be a source for payment of any
Consultant liability, nor shall the maintenance of any insurance required by this Agreement be
construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise
limit the City's recourse to any remedy available at law or in equity.
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F. Subject to the City's review and acceptance, a certificate of insurance showing the proper
endorsements,shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within two (2)
business days of their receipt of such notice.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable
control. When such delays beyond the Consultant's reasonable control occur, the City agrees the
Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the
Agreement.
15. Successors and Assi�ns: Neither the City nor the Consultant shall assign,transfer or encumber any rights,
duties or interests accruing from this Agreement without the written consent of the other.
16. Notices:Any notice required under this Agreement will be in writing, addressed to the appropriate party
at the address which appears below (as modified in writing from time to time by such party), and given
personally, by registered or certified mail, return receipt requested, by facsimile or by nationally
recognized overnight courier service.Time period for notices shall be deemed to have commenced upon
the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business
day following transmission. Email and telephone may be used for purposes of administering the
Agreement,but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Kari Roller, Financial Services Manager Michael A. Hoyal,CFO
1055 South Grady Way Howroyd-Wright Employment Agency, Inc. dba
Renton,WA 98057 AppleOne Employment Services
Phone:(425)430-6931 327 W Broadway
kroller@rentonwa.gov Glendale, CA 91024
Phone:[AppleOne: Please add]
mcraig@appleone.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the
Consultant agrees as follows
A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the
Work performed or to be performed under this Agreement, shall not discriminate on the basis of
race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age
(except minimum age and retirement provisions), honorably discharged veteran or military status,or
the presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment or application for
employment,the administration of the delivery of Work or any other benefits under this Agreement,
or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race,creed,color, national origin,
sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action
shall include, but not be limited to the following employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions,the City
shall have the right,at its option,to cancel the Agreement in whole or in part.
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D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws
and regulations that may affect the satisfactory completion of the project, which includes but is not
limited to fair labor laws,worker's compensation, and Title VI of the Federal Civil Rights Act of 1964,
and will comply with City of Renton Council Resolution Number 4085.
18. Miscellaneous:The Parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
6. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed
within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the
extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to provide Work,
Consultant will acquire or maintain such at Consultant's own expense and, if Consultant employs,
sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-
contractor/assignee will acquire and or maintain such training, licensing,or certification.
E. This is a non-exclusive Agreement and Consultant is free to provide its Work to other entities,so long
as there is no interruption or interference with the provision of Work called for in this Agreement.
F. Consultant is responsible for its own insurance,including,but not limited to health insurance.
G. Consultant is responsible for its own Worker's Compensation coverage as well as that for any persons
employed by the Consultant.
19. Other Provisions:
A. Approval Authoritv. Each individual executing this Agreement on behalf of the City and Consultant
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the City or Consultant.
B. General Administration and Manasement. The City's project manager is Kari Roller. In providing
Work,Consultant shall coordinate with the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an instrument in writing,
duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the
terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated
by reference only to the extent of the purpose for which they are referenced within this Agreement.
To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or
contains terms that are extraneous to the purpose for which it is referenced,the terms in the body of
this Agreement shall prevail and the extraneous terms shall not be incorporated herein.
E. Governin� Law. This Agreement shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington and the City of Renton.Consultant and all of the
Consultant's employees shall perform the Work in accordance with all applicable federal, state,
county and city laws,codes and ordinances.
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F. Joint Draftin� Effort. This Agreement shall be considered for all purposes as prepared by the joint
efforts of the Parties and shall not be construed against one party or the other as a result of the
preparation,substitution,submission or other event of negotiation,drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the
State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its
replacement or successor.
H. Severabilitv. A court of competent jurisdiction's determination that any provision or part of this
Agreement is illegal or unenforceable shal! not cancel or invalidate the remainder of this Agreement,
which shall remain in full force and effect.
I. Sole and Entire A�reement. This Agreement contains the entire agreement of the Parties and any
representations or understandings,whether oral or written,not incorporated are excluded.
1. Time is of the Essence.Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor. Adherence to completion dates set forth in the description of the
Work is essential to the Consultant's performance of this Agreement.
K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any
rights or benefits in the Agreement to anyone other than the Parties, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement, and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to
enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or
Consultant from enforcing that provision or any other provision of this Agreement in the future.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior
or subsequent breach unless it is expressly waived in writing.
N. Counterparts.The Parties may execute this Agreement in any number of counterparts,each of which
shall constitute an original, and all of which will together constitute this one Agreement. The Parties
agree that any electronic signature appearing on this Agreement, including any Attachments, is the
same as a handwritten signature for the purposes of validity, enforceability, and admissibility.
Further,the exchange of this entire executed Agreement,and any Attachments,that is in photostatic
or portable document format (.pdf) form by electronic mail or by another electronic means shall be
considered original(s)and shall constitute effective execution and delivery of the original(s).
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the
Parties below.
CITY OF RENTON CONSULTANT
DocuSigned by:
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Jan Nawn � Michael A. Hoyal
ASD Administr�tor Chief Financial Officer
�'��(� 1/4/2018
Date Date
Attest..
Jaso .Seth
City Cler
Approved as to Legal Form
.r�����,�jy�,e /���„��(.+•��'.•
Shane Moloney
Renton City Attorney
Contract Template Updated 07/19/2017
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ATTACHMENT A
TEMPORARYANDTEMPORARY-TO-HIRE SERVICES
1. Consultant employees are subject at all times to City's direct and indirect supervision while on assignment with City; Consultant
does not supervise such employees on their assignments. City further agrees that while Consultant employees are on assignment
with City,they shall not be permitted,without express advance written approval by an officer of Consultant,to i)engage in travel
or otherwise operate a motor vehicle or any non-office machinery or equipment on behalf of City, ii)handle cash or valuables or
negotiable instruments(City shall also not pay employees directly or advance any funds to them.), iii) be permitted unsupervised
or uncontrolled access to confidential or proprietary information, including confidential access codes provided that such
temporary employee has completed the Tax and License Confidentiality Affidavit attached as Exhibit 1 of this Attachment A, iv)
be permitted unsupervised access to or control of City's business premises,v) remove any property of City from City's business
premises, vi) purchase, consume or distribute any alcohol, or vii) consume drugs, unless advance written authorization is
provided by a physician. Should any Consultant employee be permitted by City to engage in any of the activities described in i)-
vii) above, City agrees to indemnify, defend and hold harmless Consultant from claims arising therefrom and Consultant shall
have no liability or responsibility for losses resulting from the employee's conduct.
2. Background checks are available for an additional fee and must be agreed to in writing by Consultant and City. Consultant shall
have no liability in connection with the acts or omissions of third-party vendor(s)who perform any background check services.
3. City agrees to comply with all applicable state and federal laws, including, but not limited to, civil rights and employment-related
►aws. City agrees to indemnify, defend and hold harmless Consultant and its subsidiaries and related entities, and all of their
respective officers,directors,shareholders,employees,agents,and representatives(collectively,"Consultant Parties")for claims,
damages or penalties arising out of any violation of laws by City. In addition, City agrees to comply with all laws, regulations and
ordinances relating to work site health and safety, and agrees to provide Consultant employees a safe and healthful workplace.
City agrees to indemnify, defend and hold harmless Consultant Parties for claims, damages or penalties arising out of City's
violations of the Occupational Safety and Health Act of 1970, or any similar state law with respect to workplaces owned, leased
or supervised by City, and/or to which Consultant employees are assigned. In the event of an accident, medical treatment,
serious illness or injury, or death involving a Consultant employee assigned to City, City shall notify Consultant immediately. For
any serious injury, illness or death, of an Consultant employee occurring in a place of employment or in connection with an
Consultant employee's assignment with City, City is required to report immediately, by telephone or fax, to the nearest
Occupational Safety and Health Administration ("OSHA") office and is authorized and required by Consultant to make the report
on behalf of both Consultant and City. City shall provide to OSHA all information required by applicable law, as well as
Consultant's name, address, phone number and contact person, and the Consultant employee's name. City shall notify
Consultant immediately after the report has been made.
4. City will not reassign or relocate a Consultant employee without prior written authorization by Consultant. City agrees to assume
all liability for any third party claim arising after any reassignment or relocation that occurs without such authorization.
5. City understands that Consultant employees are assigned to City to render temporary service ar�d, absent an agreement to the
contrary, are not assigned to become employed by City. City acknowledges the considerable expense incurred by Consultant to
advertise, recruit, evaluate, train and quality control its employees. City will not, without prior written authorization by
Consultant, hire a Consultant employee, interfere with the employment relationship between Consultant and its employee, or
directly or indirectly cause a Consultant employee to transfer to another temporary help service.
6. City understands that Consultant may refer candidates for City's evaluation or assign Consultant employees to render temporary
services at City often while such persons seek direct hire employment through Consultant. If City, either directly or indirectly,
such as through any company within City's control,either solicits,offers employment to and/or hires any Consultant candidate or
employee as an employee or consultant in any position, or utilizes such person's services through another temporary or
outsourcing service, or any party affiliated with City refers such person to any other employer and said person becomes
employed by that employer: i) at any time from tlie date such person's identity is provided by Consultant to City until six (6)
months thereafter, or ii) within six (6) months after termination of such person's temporary assignment through Consultant at
City,whichever is the later, City agrees to pay Consultant a direct hire fee in accordance with Consultant's standard fee schedule
stipulated by the Parties to be equal to thirty percent (30%) of such person's first year annualized wage or salary. Unless City
presents written evidence to Consultant of City's prior knowledge of an Consultant referred candidate i)within three(3)business
days of Consultant's referral of such candidate to City or ii) prior to City's interview of such candidate or iii) prior to Consultant's
AppleOne-City of Renton Attachment A Page 1 of 3
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assignment of such candidate at City,whichever is earliest, City understands and agrees that City is liable for the payment of any
fees due to Consultant pursuant to this Agreement.
7. Consultant offers temporary-to-hire services to City. A Consultant employee temporarily assigned to City is an employee of
Consultant until released to City. Should City be interested in hiring a Consultant employee, Ciry shall contact Consultant, who
will establish the terms and conditions for releasing the employee to City's payroll,including the conversion fee to be paid by City
pursuant to the terms as set forth in Attachment B.
INVOICING AND PAYMENT
8. City understands that Consultant employees must be paid weekly and agrees to promptly review, and approve or verify,
timecards or hours worked. City will be liable for any and all charges incurred based upon City approved or verified timecards or
hours or similar information submitted by City to Consultant. If timecards or hours lack timely City approval or verification,
Consultant will process payroll and invoices based upon the timecards or hours submitted by the employees.
9. Consultant shall invoice City weekly. Payment of invoices is due upon receipt. City agrees that an account balance that remains
unpaid thirty(30)days after the invoice date will be considered in default and that Consultant may assess a default charge of one
and one-half percent(1.5%) per month on any such balance. City agrees to pay any such default charges and attorneys'fees for
the cost of collection.
10. City and Consultant acknowledge that through the Patient Protection and Affordable Care Act of 2010, as amended ("ACA"),and
regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees
working in the United States. Consultant is committed to fulfilling its ACA obligations through offering ACA-compliant benefits to
eligible contingent workers, including Consultant employees assigned to City. In demonstrating City's commitment to ACA
compliance, effective January 1, 2016, City agrees to share in ACA-related costs by paying a $0.54 surcharge for each hour of
service provided by each Consultant employee assigned to City.The surcharge will be billed to City in a separate line item on the
invoice.
11. City's payment method(Check box.): ❑ ApplePay's eCheck is the preferred method.�ACH/Other shall be discussed between
City and the Consultant representative. ��
12. Additional agreed upon pricing for the services to City under this Agreement may be set forth in one(1)or more exhibit(s)to this
Agreement or as mutually agreed upon by the Parties in writing. The Parties agree that upon thirty (30) days' written notice to
City, pricing under this Agreement may change to accommodate any increase or addition of any government-imposed taxes,fees
or costs incurred by Consultant after the Effective Date or an increase in the ACA surcharge. City and Consultant agree that such
written notice may be in the form of an electronic communication,including email.
OTHER TERMS
13. This Agreement supersedes any and all other agreements, either oral or written, between the Parties or anyone acting on behalf
of a party hereto, with respect to the subject matter hereof. This Agreement contains all of the covenants, conditions,
warranties, representations, inducements, promises or agreements (oral, written, on a website, or otherwise) ("Promises")
between the Parties with respect to the subject matter hereof. Each party hereto acknowledges that no Promises have been
made by any party or anyone acting on behalf of any party which are not embodied herein and that no other Promises,which are
not contained herein,shall be valid or binding.Any oral Promises or modifications concerning this Agreement shall be of no force
or effect,except by a subsequent written amendment to this Agreement.
14. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving pa rty and
will not be disclosed by the receiving party to any third party, or used by the receiving party for its own purposes, except to the
extent that such disclosure or use is necessary in the performance by the receiving party of its obligations under this Agreement
or under the Washington Public Records Act, RCW Chapter 42.5b("PRA").The receiving party upon the request of the disclosing
party will destroy or return all writings or documents that contain information subject to the protections of this section, unless
contrary to the PRA.
AppleOne-City of Renton Attachment A Page 2 of 3
DocuSign Envelope ID:7B53E58E-3968-4AE2-98�' �BB3946C6E �
,��r✓' �
� ���� � ApplePay's eCheck Authorization Form
j"'�� '()' Please complete this form, sign and fax to(310)750-1107
1''� � or email to ElectronicPavments(c�ain1.com.
You can also complete this form online at: www.apqleqav.com.
� Company Name: � � ������ Customer No.: �
i
�
� ;Name on Account(if different from Company): � � �� �
� �
�Address: �� ����m����u_������• City,State,and Zip Code:W������������—�^_LL��
i �
� �
� Phone Number: E-mail Address(for invoice&receipt delivery): �
� i
___ �._�_ _ _ ____ _I___ � _ ____�__ ____� � �
(Customer Name) authorizes All in One, Inc. dba ALL-IN-1, on behalf of Howroyd-Wright Employment
Agency, Inc. dba Consultant Employment Services, to electronically debit invoice payment(s) from the bank account referenced. A
Preview of the current invoice(s) will be sent every Friday to the email address on file and the account will be electronically debited
according to the payment terms. In the event that any payment is Returned from the financial institution, a notification will be emailed
prior to the resubmission of the returned payment(s). It is understood and agreed upon that the original amount, in addition to a
return item fee will be electronically debited from the bank account on file.
FOR ALL FUTURE INVOICES—PLEASE CHECK BOX: ❑
� .�, ..
..�, �
� �
. .- .
$
$
$
.
ALL-IN-1• 1999 W. 190 Street•Torrance,CA 90504•Phone:(866)898-7152
Director of Credit 06/20/2016
ApplePay is a registered trademark of Howroyd-Wright Employment Agency, Inc.dba AppleOne Employment Services.
AppleOne-City of Renton Attachment A Page 3 of 3
��t�i�i'�" � �� �-
� ��C'P�-�t����Y�C -� ,
, EXC/SEC
Oepartment of
Revenue �-
Woshington Stoie Tax and License Confidentiality Affidavit
This form must be completed and signed by every individual(including mayar,councilmember,treasurer,city manager,etc.)
with access to confidential tax or licensing information.
An individual who discloses confidential information to an unauthorized person is guilry of a misdemeanor. See RCW
82.32.330(6)and 19A2.115(5)
Acknowledgement of ConfidenNality
I employed by
(Print name)
swear or affirm that I have read and understand the requirements regarding the protection of tax and/or licensing
information provided by the Deparhnent as stated in RCW 8232330 and 19.02.115. I further understand that this
information is privileged and confidential,and therefore shall not be disclosed to any person noE entitled to knowledge
of such information. I understand that my use or disclosure of confidential tax information may be further restricted by
an information-sharing agreement.
Dated:
(Signature)
SUBSCRIBED AND SWORN TO before me this day of ,
(Signature of Notary Public)
Notary in and for the State of
Residing at
My commission expires
Authorization-Authorization is given by someone other than the person being given access to information.
I of
(Prr`nt name and title) (PrintjerrisdictionJ
authorize who has a business need to access the following
(Print name and title)
from the Washington State Department of Revenue(check all that apply):
❑ Licensing Information ❑ Tax Information
(Slgnature)
REV 27 0056e(S120�l4)
� �
Taxpayer and licensing information reported to the Department of Revenue(Department) is confidential and only
authorized individuals with a business need may view these records. In addition,the information may only be
shared with individuals in your jurisdiction who have a signed Confidentiality Affidavit on file with the
Department.
Licensing Inforaration RCW i9.02.115
http:/lapps.le .�wa.�ov/RCWtdefault.aspx?cite=19.02.115
Licensing information that is collected and maintained through the Business Licensing Service(BLS) is
confidential and may not be disclosed by any person unless and to the extent expressly authorized by statute, local
law, or administrative rule.
Licensing information is defined under RCW 19.02.115(1)(b)and includes,without lirnitation, all inforcnation
included in any initial and renewal business license applications and business licenses under the BLS program.
Tax Information RCW 82.32.330
http:1lapps.le�.wa.govlRC W/default.aspx?cite=82.32.330
Tax information is information reported to the Department by a taxpayer, any Department actions with a taxpayer,
or other data received by,recorded by,prepazed by, fizrnished to,or collected by the Department with respect to
any actions with the taxpayer. Tax information includes the taxpayer's identity,nature, source,or amount of the
taxpayer's income,payments, credits, or tax payments. The following taxes are covered by this statute including
but not limited to:
• Business&Occupation Tax
• Sales/Use Tax
• Lodging taxes
• Public Utility Tax
� Brokered Natural Gas(BNG)
• E-9ll taxes
• Real Estate Excise Tax(REET)
• Leasehold Excise Tax
Data Security
Keep all data secure regardless of inedium.
✓ Print only information you need
✓ Do not leave documents on printers
✓ Copy or download electronic data only as needed and save where only authorized persons can access
✓ Communication of confidential information via email, including attachments, is prohibited
Determining Whether Information is Confidential
Pages 3 and S of this form include examples demonstrating what is confidential,when information may be
disclosed, and to whom it may be disclosed.
Disclosure Penalty
Any person acquiring knowledge of any licensing or tax information as provided under RCW 19.Q2.115 or
82.32.330 who discloses any such licensing or tax information to another person not entitled to knowledge of such
information under the provisions of these statutes is guilty of a misdemeanor.
Forms Submission &Questions
Send your completed form to Patti Wilson,Local Government Liason at PattiW(u�dor.wa.gov. If you have
questions contact by email or by caliing(360) 534-1543.
REV 27 0056e(5�20114)
� �
What types of tax or licensing information received from the Department are confidential?
This table provides examples of when information your jurisdiction receives from the Department may or may not
be shared with others.
Confidential Information
# Scenario Access
Yes or No?
l. The Mayor asks if Yes,detailed information If the Mayor has a business
ABC Painting is about a business's tax need and submitted a signed
reporting sales tax to reporting is confidential. Confidentiality Affidavit to
your city. Even though the mayor the Department,the
didn't ask for actual dollar information may be shared.
amounts,disclosing
whether the business has
reported or not is
considered a disclosure.
, 2. A councilmember asks Yes, detailed information If the councilmember has a
how much tax Jim's regarding a business's tax business need and submitted
Plumbing has reported reporting is confidential. a signed Confidentiality
to your jurisdiction. Affidavit to the Department,
the information may be
shared.
3. An employee of the Yes,the information If the employee of the fire
fire department wants contained on the business department has a business
to know if Joe's application, including the need and submitted a signed
Automotive indicated city addendum,is Confidentiality Affidavit to
on their business confidential. the Department,the
Iicense that they would information may be shared.
be storing flammable
or toxic materials.
4. The county's monthly No,talking about the General public, citylcounty
local tax distribution distribution amounts as a staff,media
amount is higher than whole and even stating
normal due to that it is due to one
reporting of one taxpayer's reporting is
taxpayer. At a council allowed as long as the
meeting,the difference taxpayer's name and the
is discussed but no amount the taxpayer
taxpayer name is reported is not disclosed.
disclosed.
The taxpayer's business
activity(i.e. hotel)cannot
be disclosed if there aze
less than three businesses
with that activity in the
'urisdiction.
REV 27 0056e(5�20114)
� �
Confidential Information
# - Scenario Access
' Yes or No?
5. The Treasurer asks No,any information General public, citylcounty
whether a business is contained in the on-line staff, media
registered and if so Business Registration
what is their address? LoOkup is considered
public information.
(http:lldor.wa.go vdcontenUdoi n
�busi nesslre$istermybusiness/br
�
Information contained in
the Department's on-line
Business License Lookut�
is also considered public
information.
(http:llbl s.dor.wa.govtLicenseS
earch/
6. Another jurisdiction Yes,the information we The Department provides
contacts you to see if send one jurisdiction may each jurisdiction the
ABC Fainting has not be shared with another. information they are entitled
reported sales tax to to receive based on how the
your jurisdiction. taxpayer has reported on their
Combined Excise Tax
Return.
The jurisdiction requesting
the information should
contact the Department to
investigate the taxpayer's
local tax codin .
7. A reporter contacts Yes. Even though the reporter got
you to confum the the amount from the taxpayer,
amount of tax reported any confirmation by a local
by a taxpayer to your jurisdiction is considered a
jurisdiction. The release of confidential
reporter got the figure information.
from the business.
REV 27 0056e{5�20i 14)
� �:
Confidential Information
# Scenario < Access
; Yes or No?
8. A Finance Director Depends on the number of If less than three-only the
prepares a report for a taxpayers: jurisdiction's employees or
council meeting Yes authorized individuals
showing the sales tax As a policy,DOR does not (mayor,councilperson, etc.)
distributions by disclose information when with a business need and a
NAICS code. there are less than three signed Confidentiality
taxpayers in a NAICS Affidavit on file may view
code. If there are less than the information.
three,the public or the
taxpayers involved may be Three or more-general
able to determine the public,citylcounty staff,
income reported by the media.
taxpayers.
No
If there are three or more
taxpayers,there is no risk
of disclosure.
NOTE: a local jurisdiction may release taxpayer information if you provide the Department a Confidential Tax
Information Authorization form(http:fldor.wa.�ovlDocs/formsfMisc/27-OOSSe.pdfl signed by the taxpayer.
To inquire about this form in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may use the Washington Relay
Service by calling 711.
REV 27 0056e(5;26J I4)
�
ATTACHMENT B
This Attachment 6 ("Attachment B") will serve as written confirmation of the rates being offered to City of Renton ("City").
These reduced rates will be available to City until December 31.2018.
. . .
.�.L�.."� Tt��Iy�
��4'� �'1'��� ,t��,��,,,�E�,�,w�r��e�,� ��.�Y'
�.�w,K�.��..., �����,,., �����,:��Na�� ��� '`�
�ppk�t�ne
. if1:2h�.ph'1Y'a&rtb�s"Nk.iAa�Ai
In an effort to provide City with the most qualified candidates, Consultant may enlist assistance from one or more of
Consultant ancillary companies. Prior to utilizing any of the above ancillary companies, City will be notified and provided with
an addendum containing modified rates(if applicable).
.� , � , � � •. • � • •
Consultant agrees to lock in City into the following bill rate("Bill Rate") Ranges:
Position Bill Rate Range
Clerical-Data Entry $23.10 to$26.40 per hour
Administrative Assistant $26.40 to$31.35 per hour
Consultant's Bill Rate includes the following: candidate's pay rate plus payroll taxes, W-2 reporting, workers compensation and
all applicable administrative costs.
CONVERSION:
City may convert any Consultant temporary employee to a full-time employee according to the following schedule:
HOURS COMPLETED CONVERSION FEE AS A PERCENTAGE OF THE
FIRST YEAR ANNUALIZED SALARY
1-240 Hours 20%of Annual Salary
241-480 Hours 15%of Annual Salary
481-719 Hours 10%of Annual Salary
720+Hours 5%of Annual Salary
Hours completed by one temporary employee are non-transferable to another temporary employee.
• � � ��
The current average rate of unemployment has dropped under five percent (5%). Based on this market, Consultant is
committing to paying temporary employees up to six(6)of the major holidays ("Holidays")per year to stay competitive when
attracting and retaining top talent. Consultant's temporary employees will qualify for Holiday pay ("Holiday Pay") only after
completing 520 hours with City.The annual Holidays are outlined as follows:
New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day&Christmas Day
Following is a quote from one of Consultant's temporary employee who expressed such employee's gratitude for receiving
Holiday Pay:
"1 think that this generosity encourages us to continue to go above and beyond in assisting with the company's success in
any way we can:'—B.Walling,Administrative Assistant
AppleOne-City of Renton Attachment B 1
�:
� � .
Position Holiday Hourly Bill Rate After 520 Hours
Clerical-Data Entry $17.08 to$19.52 per hour
Administrative Assistant $19.52 to$23.18 per hour
. .
Federal, state or local laws, either currently existing or enacted in the future, may require Consultant to provide covered
employees with certain paid sick leave. Consultant agrees to comply will all provisions of each sick time law("Sick Time Law")
with respect to its covered employees as such laws become effective. To address the increased costs for compliance with Sick
Time Law, City agrees to be invoiced for paid sick time of a temporary employee assigned to City according to the below sick
time hourly bill rate schedule after the associate has completed 520 hours; provided that the specific criteria required for the
payment of such sick time to such employee under the applicable Sick Time Law has been met.
Position Sick Time Hourly Bill Rate After 520 Hours
Clerical-Data Entry $17.08 to$19.52 per hour
Administrative Assistant $19.52 to$23.18 per hour
� � • • � • •• � •
Consultant's payroll accommodation program allows the City to select the candidate and determine the salary that meets the
City's specific requirements. Consultant will payroll these candidates at a forty-five percent (45%) mark-up over the
candidate's pay rate. The mark-up percentage includes all applicable taxes, workers' compensation, and all government
reporting such as W2 forms,etc.
City agrees to be invoiced for the paid sick time and Holiday time of these payroll candidates at a forty-five percent(45%) mark-
up over payroll candidate's pay rate.
� � � � � • •
Marnie Craig, an experienced staffing professional from Consultant's Kent office, has been selected to manage the partnership
with City and will be responsible for establishing consistent guidelines, maintaining effective communication, and providing
comprehensive usage reporting capabilities.
Marnie Craig will tour your facility to fully comprehend the culture and environment at City,thus, enabling Consultant's office
to recruit, screen, evaluate, and qualify candidates who possess the tangible and intangible skills required to be productive at
City.
AppleOne-City of Renton Attachment B 2