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Robert Half International, Inc DBA Office Team ~ C160018 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVERY CONTRACT) Contract Title: Temporary Staffing Services-General Office ri Administration (Engineering) Number: ._— ui Contractor: Robert Half International,Inc., doing business through OfficeTeam Division Contract Total: $7,000.00 Contract Overview: Temporary office assistance for the Engineering Department Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Lori Faha Ext: 2759 Department: PW/Engineering Type: ❑ Purchase Agreement ® Personal Service n General Service ❑ Public Improvement ❑ IGA ❑ Other: Start Date: 9/28/15 End Date: 12/31/15 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE OfficeTeam $7,000 oc al ,a Account String: Fund-Division-Account Work Order-Activity Type Amount FY 15/16 100-6250-54001 $7,000.00 Approvals - LCRB Date: Department Comments: Department Signature: 9-2/ Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Number./l Sic J 1g' CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT TEMPORARY STAFFING SERVICES—GENERAL OFFICE ADMINISTRATION (ENGINEERING) THIS AGREEMENT made and entered into this 28th day of September, 2015 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Robert Half International, Inc.,doing business through its OfficeTeam division,hereinafter called Contractor. RECITALS WHEREAS, the City's 2015-2016 fiscal year budget provides for the purchase of temporary general office administration staffing services to fill a vacated position;and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor,and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE,the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor shall initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City will be contained in subsequent scope of work as needed 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on December 31, 2015. Contractor shall endeavor to have all work under this Agreement completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the hourly fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The estimated hours are not anticipated to exceed twenty hours a week. The total amount paid to the Contractor by the City is not anticipated to exceed Seven Thousand and No/100 Dollars ($7,000.00) if all tasks are completed. The parties further agree that upon reaching such not to exceed amount, Contractor shall owe no further obligation provide services to City to hereunder. Any and all payments made to the Contractor shall be based upon the following applicable terms: A. Contractor's temporary employee assigned to the City hereunder will present a timesheet to the City for verification and signature at the end of each week. City's approval thereby will indicate its acceptance of the hours worked. B. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor,with the exception of expenses,if any identified in this Agreement as separately reimbursable. C. Payment will be made within 30 days of Contractor's invoice, subject to the approval of the City Manager, or designee, as indicated by signing the timesheet, and not more frequently than weekly. Payment shall be made only for work actually completed as of the date of invoice. D. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. E. Contractor shall make payments promptly,as due,to all persons supplying labor or materials for the prosecution of this work. F. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. G. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. H. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.Legally required overtime (federal law requires in excess of 40 hours a week, state law varies) will be billed at one and one half(1 '/2) times the normal billing rate. J. The Citycertifies that sufficient funds are available and authorized for expenditure to finance costs p of this contract. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor's assigned employee which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Contractor's assigned employee prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons 21Page employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law with respect to its own employees. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party)as a result of said finding. B. The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. Contractor is not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws for Contractor's employees assigned City hereunder. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 311'age Notwithstanding anything to the contrary in this Agreement, Contractor shall not be liable to the City for,or have any duty of indemnification with respect to the negligence of the City. 8. INSURANCE Contractor and its subcontractors shall maintain insurance acceptable to industry standardsin full force and effect throughout the term of this contract Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: *Coverage Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal& Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 *The required limits above can be satisfied through a combination of the primary and excess policies. B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract,Commercial Automobile Liability coverage including coverage for all owned,hired,and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. 41Page D. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company with anA.M. Best rating of A-:VII or better. F. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. G. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. H. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Atm: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work.The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 9. METHOD& PLACE OF SUBMITTING NOTICE.BILLS AND PAYMENTS All notices, bills and payments shall be made in writing and may be given by personal delivery,mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: 511' sige Atm: Lori Faha, City Engineer Attn: David Camacho, Staffing Manager Address: 13125 SW Hall Boulevard Address: 10220 SW Greenburg Rd,Bldg 3 Suite 535 Tigard, Oregon 97223 Portland, Oregon 97223 Phone: (503) 718-2759 Phone: (503) 244-9335 Email Address: lorif@tigard-or.gov Email Address: david.camacho@officeteam.com and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. A copy of any notice sent to Contractor shall be sent to: Robert Half International Inc., Attention: Client Contracts Department, 2613 Camino Ramon' San Ramon, CA 94583. Notwithstanding the foregoing, payment shall be sent to Contractor at the address as specified on any invoice. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor that does not represent clients on matters contrary to City interests. Further, Contractor shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate City representative regarding the conflict. After such consultation, the Contractor shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. Contractor is a publicly traded company with thousands of owners as shareholders which are constantly changing in terms of identity and quantity of ownership. Individuals described in this Section 11 may be related to such shareholders which shall not be deemed to be a conflict of interest. 12. TERMINATION WITHOUT CAUSE At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Contractor. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered to the date of termination. 61Page it 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal,state,local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors,agents, and employees to provide the services required by this Agreement is for any reason denied, revoked,or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b),Contractor shall be entitled to receive as full payment for all services rendered and expenses incurred prior to the date of termination. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to the billings for the services under this Agreement for the purpose of making audit, examination, excerpts and transcripts to the extent permitted by law. 15. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil 71P agc unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules,and regulations. Contractor also shall comply with the applicable provision of the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Contractor s guarantees the City's satisfaction with the services of Contractor's assigned employee by extending to the City a 37.5 hours guarantee period. If, for any reason, the City is dissatisfied with the employee assigned to the City, Contractor will not charge for the first 37.5 hours worked, provided that the City allows Contractor to replace the employee. Unless the City contacts Contractor before the end of the first 37.5 hours guarantee period, the City agrees that the Contractor's assigned employee is satisfactory. 19. EXTRA(CHANGES)WORK Only the City's Project Manager for this Agreement may authorize extra (and/or change)work. Failure of Contractor to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES Contractor warrants that all practices and procedures, workmanship and materials shall beat industry standards. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 81Pagc 23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Contractor shall maintain records to assure conformance with the terms and conditions of this Agreement related to the billings for services. To the extent permitted by law. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all such records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 28. HOURS OF LABOR If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540.In cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 29. MEDICAL CARE AND WORKERS'COMPENSATION To the extent required by law, Contractor shall promptly, as due, make payment to any person, co- partnership,association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service. , 30. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. 91Page B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and 4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment,and shall be free and clear of any and all liens,claims,mortgages, security interests, liabilities, charges,and encumbrances of any kind. 31. COMPLIANCEWITH TAX LAWS A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the Consultant has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor 's breach of this Agreement,including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Contractor. 101Page These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly,collectively, successively, or in any order whatsoever. 32. JOB SUPERVISQN The City shall be responsible for the supervision of the Contractor's employees. 31. JOB LIMITATIONS City will not permit or require a temporary employee of Contractor (i) to perform Services outside of the scope of his or her assignment; (ii) to sign contracts or statements, (iii) make management decisions (iv) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, (v) to operate machinery (other than office machines) or automotive equipment or (vi) to perform Services remotely (e.g., on premises other than the City's premises),or to use computers, software or network equipment owned or licensed by the temporary employee. Since Contractor is not a professional accounting firm, City agrees that it will not permit or require Contractor's temporary employees (a) to render an opinion on behalf of Contractor or on City's behalf regarding financial statements, (b) to sign the name of Contractor on any document or (c) to sign their own names on financial statements or tax returns. 32. SCOPE OF BACKGROUND INQUIRIES Contractor checks references only by asking specific questions to select past employers with regard to skills and work history before placing an individual on his or her first assignment. To the extent permitted by applicable law, Contractor will have our independent third party vendor perform the following checks: A. Seven (7) year criminal background investigation for all state felony convictions and pending charges and state misdemeanor convictions and pending charges for crimes of dishonesty or violence in every county where the individual has resided or worked within the U.S. in the last seven (7) years as stated on his or her application;and B. A credit check for ,e assignment •f Diane Sanders only: The results of such credit check (the "Report") will be suv.lied to ,e City and the City will notify Contractor of the employee's eligibility for assignmen.. The ty represents and warrants that any credit checks will be requested, conducted and used by e ty in accordance with applicable law, including, but not limited to, Oregon Revised Statutes k .pter 659A. The City further represents and warrants that the credit check is substantially job-r.ated because an essential function of the position requires access to financial information not 'us,•manly provided in a retail transaction that is not a loan or extension of credit. Credit checks for a..itional Contractor employees assigned to the City must be agreed upon in writing by the D.rties. ,�,G `Oz' ,is" Report foremployment 1� The City agrees (i) t keep the Rep rt strictly confidential and to use the p rt o g purposes only;and 'i) to adhere to the Notice to Users of Consumer Reports: Obligations of Users Under the FCRA ich can be found a,h, p: www.ftc._ov os 2004 07 040709fcraa )xh..df. The Contractor shall send the City a separate invoice for the cost of the additional screenings performed by its third party vendor. The City agrees to pay such invoice within thirty (30) days of receipt. 1111'age 33. RESUME CONFIDENTIALITY City agrees to hold in confidence the identity of any Contractor candidate and the candidate's resume, social security number and other legally protected personal information. 34. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. This Agreement is only applicable to,and the only Robert Half International Inc. division or branch obligated hereunder is,the OfficeTeam division of the branch located at the address specified above. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD ROBERT HALF INTERNATIONAL,INC.EOE Bi : Authorized Cityof Tigard Representative By: thorizedA ent oContractor 9A9/5 9/260 Date Date 1211'age EXHIBIT A SERVICES TO BE PROVIDED SCOPE OF WORK Contractor will provide temporary office administration staff that has the following minimum skills: Administrative Duties • Performs a wide variety of moderately complex administrative duties to support division operations including filing, preparing records and monthly reports, and ordering and maintaining office and other related supplies. • Performs skilled word processing and data entry in preparing correspondence and reports. Types, originates, formats,proofreads,and distributes a wide variety of reports, letters, and memoranda. • Performs preliminary accounts payable functions, including preparing and maintaining a variety of Excel spreadsheets and reports. • Operates a variety of standard office equipment, including job-related computer hardware and software applications, copiers,and telephone. • Processes incoming and outgoing mail. Incoming mail is opened, date stamped, and distributed to Engineering Division employees. HOURLY RATE All work shall be billed at a rate of Twenty Eight and 89/100 Dollars ($28.89) per hour. Work week will consist of 20 hours a week. All bills submitted to the City by Contractor must list total number of hours worked during that billing cycle. Contractor may increase its rates provided under this Agreement to reflect increases in Contractor's costs of doing business, including costs associated with higher wages for workers and/or related tax, benefit and other costs. Contractor will provide written or verbal notice of the increase in rates. Any increase in rates will be prospective, starting as of the effective date Contractor specifies. CONVERSION FEES HOURS WORKED CONVERSION FEE 0-160 25% of the first year's offered annual salary 161-320 20% of the first year's offered annual salary 321-480 15% of the first year's offered annual salary 481-640 10% of the first year's offered annual salary 641+ 5% of the first year's offered annual salary 131Page