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Item No. 08 Temporary Staffing Services
City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-182 Agenda Date: 5/10/2022 Status: Approval FinalVersion: 1 File Type: Council Business Item In Control: City Council / Successor Agency Agenda Number: 8) Professional Services Agreements with AppleOne and Manpower for Temporary Staffing Services Approve and authorize the City Manager to execute and implement agreements and any amendments with AppleOne and Manpower, to provide limited -term temporary staffing services in an amount not exceed $700,000.00 for the period of July 1, 2022 through June 30, 2025 in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 5/5/2022 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Jennifer Avina, Senior Human Resources Analyst Date: May 10, 2022 Subject: Professional Services Agreements with AppleOne and Manpower for Temporary Staffing Services Recommendations Approve and authorize the City Manager to execute and implement agreements with AppleOne and Manpower, to provide limited-term temporary staffing services in an amount not exceed $700,000.00 from July 1, 2022, through June 30, 2025, in such final form as approved by the City Attorney. Background The Human Resources Department conducts recruitments and maintains employment lists of qualified individuals for career and temporary positions. It is the goal of the City to fill temporary positions from employment lists maintained in the Human Resources Department. Discussion At times, a City Department may require additional administrative, clerical, technical, or professional temporary staff to augment its existing resources to deliver services and provide administrative support. If there are no available candidates from the employment lists, City Departments may use a temporary staffing agency to obtain limited-term temporary staff. There has been an average of seven limited-term temporary positions filled by temporary staffing agencies each year during the last three years. Departments that have been primary users of temporary staffing services include Public Works, Administrative Services, and Community Development. The Human Resources Department interviewed and evaluated vendors based on their ability to meet the City’s needs, their qualifications and experience, project approach/methodology, and cost. It is necessary to select more than one vendor based on services provided, technical level, experience, and vendor permission to perform certain tasks Contracts – AppleOne and Manpower for Temporary Staffing Services May 10, 2022 Page 2 Fiscal Impact The cost for temporary staffing services will not exceed $700,000 for the three-year term of these two contracts. Expenditures for these services will be paid from a variety of funding sources in the budgets of individual operating departments when temporary staffing services are required. The contracts will be entered into the City’s contract management. Exhibits A – AppleOne Agreement B – Manpower Agreement Manpower & City of Lake Elsinore Page 1 of 3 RATE & SERVICE CONFIRMATION LETTER April 25th, 2022 Ms Jennifer Avina, Senior Human Resources Analyst City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 Email: javina@lake-elsinore.org Dear Jennifer, Thank you for choosing Manpower, the leader in the changing world of work. This letter confirms our agreement with City of Lake Elsinore, “the Customer”, to place one or more employees described below at the prices set forth below. Manpower Services: Manpower will recruit, interview, screen and assign to Customer our employees who, through our proven process and expertise, are the best qualified candidate to perform the work described below. Manpower will maintain personnel and payroll records; paying, withholding and transmitting payroll taxes; making unemployment compensation contributions; handling unemployment and workers’ compensation claims involving our employees with respect to the compensation that Manpower has agreed to pay; and removing any assigned employee at your request, provided there is a valid legal reason for doing so. Customer also agrees to only request testing equivalent to what they would require of their own full-time employees in that respective position. Customer Responsibilities: Manpower expects Customer will take responsibility for supervising and controlling the work performed by our employees. Customer will also provide all employees with a safe worksite and will provide information, training and safety equipment with respect to any hazardous substances or conditions to which employees may be exposed at the worksite, whether or not required by law. Without limiting the generality of the foregoing, because Customer controls the facilities in which employees work, it is agreed that Customer is primarily responsible for compliance with the Occupational Safety and Health Act and comparable state laws and regulations there under, to the extent those laws apply to employees working at Customer’s facilities. Manpower will, at the request of Customer, instruct its employees on general safety matters in accordance with information provided to Manpower by Customer. Additionally, Customer agrees to provide all our employees with a worksite environment free of harassment. In the event there are substantial changes to the agreed assignment duties, the Customer is required to notify Manpower immediately. Customer also agrees to document all hours worked, approve and submit timesheets to Manpower in a timely manner. Manpower, as the common law employer, has the right to physically inspect the work site and work processes; to review and address, unilaterally or in coordination with Customer, Assigned Employee work performance issues; and to enforce Manpower’s employment policies relating to Assigned Employee conduct at the worksite. Payment terms: Manpower is solely responsible for the compensation of our employees, and must pay each employee for all hours worked. Customer agrees to remit the negotiated Bill Rate for all hours worked, including California overtime bill rates for hours worked in excess of 8 hours in a workday or hours exceeding forty (40) hours during the weekly pay period. Manpower invoices Customer weekly. Payment will be due upon receipt of invoice. The Manpower bill rate includes all deductions required by state and federal legislation, including employer's contributions for FICA taxes, providing Unemployment and Workers' Compensation, liability insurance and fidelity bonding, as well as all other deductions and benefits paid to our temporary employees. Additionally, we cover all administrative charges related to payroll, including preparation of W-2 forms at the end of the year. Our price is based upon weekly invoicing with method of payment in the form of check, bank transfer, or Electronic Data Interchange. Alternate payment methods may impact price and require mutual agreement. In the event there is a governmental mandated requirement (federal, state, or local law such as FICA, FUTA, Workers’ Compensation, and State Unemployment Tax) to increase wages or employer payroll burdens, Customer agrees to accept and remit additional costs to Manpower from the effective date to the expiration date of this agreement. Manpower & City of Lake Elsinore Page 2 of 3 Term: The term of this agreement will be three years from the signature date of this agreement. 1. JOB DESCRIPTIONS* and RATES: Service Delivery Fee Schedule Admin (Clerical & Admin roles) 50% Mark Up Light Industrial (Public Works, General Labor, Groundskeepers) 51.5% Mark Up Janitorial & Custodial 60% Mark up Professional (Engineering, Finance & Accounting, HR, IT) TBD based Case by Case Basis * If the parties decide to change information contained within this letter, for example, adding or deleting jobs, they must notify the Manpower office in writing reflecting the intended change. Manpower reserves the right not to provide an Assigned Employee or candidate for any reason. Manpower will only bill for sick time accrued while employee is on assignment. 2. ADDITIONAL BACKGROUND CHECKS AND TESTING: All Manpower employees complete an I9, are processed through E-Verify, and have their employment background verified and screened. Manpower processes thousands of background and drug screenings on behalf of our Customers every year. As such, we have negotiated the most competitive rates possible. Manpower will cover the cost of our Standard drug and background screenings – any client specific requirements above our standard screenings will be billed back to client. 3. CONVERSION FEES: TEMPORARY STAFFING: NO FEE FOR HIRING: It is Manpower’s policy not to charge a fee for employees hired by Customer, after our employees have been on assignment for 520 hours. If Customer desires to hire a Manpower employee before 520 hours the conversion fee will be prorated based on hours completed. The conversion is calculated by the hours remaining times the difference between the pay rate and the bill rate. Bill Rate – Pay Rate x hours remaining = Conversion Fee Example: Bill Rate $14 - Pay Rate $10 x 300 hours = $1,200 Conversion Fee PERMANENT PLACEMENT FEE: Permanent Placement Fees: Customer agrees to pay a fee if Customer hires or retains a candidate, in any capacity, referred by Manpower within one (1) year after that candidate was presented to Customer, regardless of whether Customer learned of or could have learned of the candidate through other means. As follows is the fee payable, which is a fixed percentage of Compensation* paid by Customer: *Compensation includes base gross salary, gross compensation for services, fees, and wages, excluding anticipated bonus and commission earnings, to be made to the candidate during the first twelve (12) months of employment. 4. TEMPORARY STAFFING GUARANTEE: Manpower will guarantee the services of each employee. If for any reason the Customer is not satisfied with an employee, Manpower will replace that employee at no charge, provided Manpower is notified within the first eight (8) hours of that employee’s start of an assignment. Annualized Compensation Fee Percentage All Direct Hire positions 18% Manpower & City of Lake Elsinore Page 3 of 3 5. ACA INDEMNIFICATION: Manpower shall be solely responsible for, and shall reimburse, indemnify, and hold harmless Customer (hereafter collectively referred to as “Customer Indemnity”) for, any taxes, penalties, or other liabilities assessed against Manpower or Customer under Code §4980H with respect to Manpower Assigned Employees due to Manpower’s failure to: (i) Offer “minimum essential coverage” within the meaning of Internal Revenue Code (the “Code”) §5000A(f)(1)(B) under an “eligible employer-sponsored plan” each within the meaning of Code §5000A(f)(2); or (ii) Offer coverage that is not “affordable” or fails to provide “minimum value,” each within the meaning of Code §36B(c)(2)(C) and related regulations, including regulations under Code §4980H. Effective Jan. 5th, 2015, all Manpower invoices will include a 1.28% surcharge for healthcare benefits for associates as a response to the recent Affordable Care Act legislation. Provided, however, that in no event shall the customer Indemnity extend to any taxes, penalties, or other liabilities under the under Code §4980H where such tax, penalty, or other liability results from the imposition of assessable payments against the customer under Code §4980H(a) or Code §4980H(b) with respect to the customer’s employees. Once again, thank you Jennifer, for your business. Please let me know if you have any questions. We look forward to working with you! Kind regards and thanks, Caroline Hunt Branch Manager, Manpower Office: 951-308-2686, Cell: 951-491-4428 39885 Alta Murrieta Drive, Ste D1, Murrieta, CA 92563 ACKNOWLEDGED AND ACCEPTED: City of Lake Elsinore By: Printed Name/Title: Date: Manpower 39885 Alta Murrieta Drive, Suite D1 i Murrieta, CA 92563 i (951) 308-2686 April 25th, 2022 Ms Jennifer Avina, Senior Human Resources Analyst City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 Email: javina@lake-elsinore.org Dear Jennifer, Re: Client Hold Harmless Agreement (Vehicles) For your protection, and in order to provide you with better service, all of the Manpower Temporary employees assigned to you are covered under our Workers’ Compensation policy, our Fidelity Bond policy to the extent of $5,000,000 and also under our Liability and Property Damage policy to the extent of $25,000,000. However, our rates for service do not include, nor can we accept responsibility for, obtaining primary vehicular liability insurance protecting you against accidents which might occur as a result of Manpower employees driving your licensed vehicles (owned or non-owned) while said employees are on assignment to you. If you allow our employees to drive your vehicles, whether owned or non-owned, it is on the condition that you accept full responsibility for the equipment and the cargo as well as for any claims, other than direct claims for Workers’ Compensation, which might arise as a result of any accident taking place while your equipment is in the care and custody of a Manpower employee pursuant to his/her assignment. It is our understanding that your vehicular insurance will be primary insurance in the event of any claims arising as stated above, and that your limits of liability are not less than $1,000,000/$2,000,000 Bodily Injury and $1,000,000 Property Damage. Sincerely, Caroline Hunt Caroline Hunt, Branch Manager Office: 951-308-2686, Cell: 951-491-4428 39885 Alta Murrieta Drive, Ste D1, Murrieta, CA 92563 www.manpowerriverside.com Customer Name: Representative: Signature: Date: 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 03/01/2023 (Does not apply to ND, OH, WA, and CHI-009213287-11 1,000,000 80756287 (CA) San Diego, CA 92101 Attn: DetroitGroupCaptive.CertRequest@marsh.com N X03/01/2022 5 A WY, Puerto Rico, or Virgin Islands) 1,000,000 02/18/2022 03/01/2022 Lake Elsinore, CA 92530 City of Lake Elsinore CN104898857--58-22-23 03/01/2023 A 23809 1,000,000 80756288 (AOS) One Towne Square Suite 1100 Marsh USA Inc. Southfield, MI 48076 dba Manpower of Temecula CLMP Ltd., Inc. Suite 300 1855 First Ave. 130 S Main St. Granite State Insurance Company LakeElsinoreCAHolder Identifier : 7777777707070700077761616045571110776607017215557307442027772507300072651577047330130773415113167010207437514333235102070733265220266310704017641326771307644005352365560076727242035772000777777707000707007 7777777707070700073525677115456000722111506037003107033337253062001071233272420731100712333724216201107132327353162001070223372421620110702322635217311007023337343162001077756163351765540777777707000707007Certificate No :570091844429CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/02/2022 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. PRODUCER Aon Risk Services Central, Inc. Milwaukee WI Office 10700 Research Drive Suite 450 Milwaukee WI 53226 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 18058Philadelphia Indemnity Insurance CompanyINSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: CLMP Ltd., Inc. dba Manpower of Temecula Attn: Tony Evenson 1855 First Avenue, Suite 300 San Diego CA 92101-2685 USA COVERAGES CERTIFICATE NUMBER:570091844429 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $5,000 $2,000,000 $2,000,000 $2,000,000 A 03/01/2022 03/01/2023PHPK2384931 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident)X X BODILY INJURY (Per accident) $1,000,000A03/01/2022 03/01/2023 COMBINED SINGLE LIMIT (Ea accident) PHPK2384931 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $14,000,000 $14,000,000 $10,000 03/01/2022UMBRELLA LIABA 03/01/2023PHUB804945 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH- ER PER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Lake Elsinore Attn: Jennifer Avina 130 S. Main St. Lake Elsinore CA 92530 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Conditions of Service + Exh. A BR Range DH 2022 Page 1 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 CONDITIONS OF SERVICE This Conditions of Service (“Agreement”) is between City of Lake Elsinore (“Client”) and Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services (“AppleOne”). In consideration of the parties’ mutual covenants, conditions, and promises contained herein, t he parties agree as follows: TEMPORARY AND TEMPORARY-TO-HIRE SERVICES 1. Employees or associates of AppleOne or any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Temporary Employees are subject at all times to Client’s direct and indirect supervision; AppleOne does not supervise such employees on their assignments. Client further agrees that while on assignment with Client, Temporary Employees shall not be permitted, without express advance written approval by an officer of AppleOne, to i) engage in travel or otherwise operate a motor vehicle or any non -office machinery or equipment on behalf of Client, ii) handle cash or valuables or negotiable instruments (Client shall also not pay Temporary Employees directly or advance any funds to them.), iii) be permitted unsupervised or uncontrolled access to confidential or proprietary information, including confidential access codes, iv) be permitted un supervised access to or control of Client’s business premises, v) remove any property of Client from Client’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 Temporary Employee be permitted to engage in any of the activities described in i) - vii) above, AppleOne shall have no responsibility arising therefrom, and Client agrees to indemnify, defend and hold harmless AppleOne for any and all liabilities, losses, claims, injuries, suits, judgments, expenses, charges, fines, interest or penalties (collectively, “Losses”) resulting from the employee’s conduct. 2. Background check services are available for an additional fee to Client and must be agreed to in writing between AppleOne and Client. Background check services may be conducted by one or more of AppleOne’s preferred, third-party vendors (e.g., A-Check Global). Client shall indemnify, defend and hold harmless AppleOne for any and all Losses arising from or related to i) the background checks or the performance thereof and ii) AppleOne’s assignment of any Temporary Employees to Client, at Client’s request, before the full completion of Client- or AppleOne-required background checks, including any legal requirements associated therewith. 3. AppleOne provides its services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discriminatio n based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements. 4. Client agrees to immediately contact its AppleOne representative or the AppleOne Human Resources Hotline at (800) 270-9120 upon receipt of any complaint by a Temporary Employee regarding, but not limited to, any of the following: sexual harassment, discrimination, retaliation, bullying, wage and hour issues, meal and rest breaks or any other employment-related concern. Further, Client agrees to comply with the American with Disabilities Act and any local health accommodation requirements, and upon request by AppleOne, agrees to participate in an interactive process with AppleOne and any Temporary Employee who seeks a reasonable workplace accommodation. 5. Client agrees to indemnify, defend and hold harmless AppleOne and its subsidiaries and related entities, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “AppleOne Parties”) for Losses arising out of any violation of laws by Client. In addition, Client agrees to comply with all laws, regulations and ordinances relating to work site health and safety, and agrees to provide Temporary Employees a safe and healthful workplace. Client agrees to indemnify, defend and hold harmless AppleOne Parties for Losses arising out of Client’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 Client, and/or to which Temporary Employees are assigned. For any serious injury, illness or death of a Temporary Employee occurring in a place of employment or in connection with an AppleOne employee’s assignment with Client, Client shall notify AppleOne immediately (Notification to AppleOne is also required in the event of any accident or medical treatment.) and is Conditions of Service + Exh. A BR Range DH 2022 Page 2 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 required to report immediately, by telephone or fax, to the nearest Occupational Safety and Health Administration (“OSHA”) office. Client is authorized and required by AppleOne to make the report on behalf of both AppleOne and Client. Client shall provide to OSHA all information required by applicable law, as well as AppleOne’s name, address, phone number and contact person, and the Temporary Employee’s name. Client shall notify AppleOne immediately after the report has been made. 6. Client will not reassign or relocate a Temporary Employee without prior written authorization by AppleOne. Client agrees to assume all liability for any third party claim arising after any reassignment or relocation that occurs without such authorization. 7. Client understands that Temporary Employees are assigned to Client to render temporary services, and that absent an agreement to the contrary, are not assigned to become employed by Client. Client acknowledges the considerable expense incurred by AppleOne to advertise, recruit, evaluate, train and quality control its employees. Client will not, without prior written authorization by AppleOne, hire an AppleOne employee, interfere with the employment relationship between AppleOne and its emplo yee, or directly or indirectly cause an AppleOne employee to transfer to another temporary help service. 8. Client understands that AppleOne may refer candidates for Client’s evaluation or assign AppleOne employees to render temporary services at Client often while such persons seek direct hire employment through AppleOne. If Client, either directly or indirectly, such as through any company within Client’s control, solicits, offers employment to and/or hires any AppleOne 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 Client refers such person to any other employer and said person becomes employed by that employer: i) at any time from the date such person’s identity is provided by AppleOne to Client until six (6) months thereafter, or ii) within six (6) months after termination of such person’s temporary assignment through AppleOne at Client, whichever is the later, Client agrees to pay AppleOne a direct hire fee in accordance with AppleOne’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 Client presents written evidence to AppleOne of Client’s prior knowledge of an AppleOne referred candidate i) within three (3) business days of AppleOne’s referral of such candidate to Client , or ii) prior to Client’s interview of such candidate, or iii) prior to AppleOne’s assignment of such candidate at Client, whichever is earliest, Client understands and agrees that Client is liable for the payment of any direct hire fee due to AppleOne pursuant to this Agreement. 9. AppleOne offers temporary-to-hire services to Client. An AppleOne employee temporarily assigned to Client is an employee of AppleOne until released to Client. Should Client be interested in hiring an AppleOne referred candidate or employee, Client shall contact AppleOne, who will est ablish the terms and conditions for releasing such person to Client’s payroll, including the conversion fee to be paid by Client if such terms are not otherwise agreed to between the parties. If any Client accounts are in default according to the payment t erms in Section 12, Client shall bring the accounts current prior to the hiring. If Client hires an AppleOne employee with a Client account in default, Client agrees to pay AppleOne a conversion fee equivalent to the direct hire fee as set forth in Section 8 of this Agreement. INVOICING AND PAYMENT 10. Client understands that Temporary Employees must be paid weekly, and agrees to promptly review and approve or verify timecards or hours worked. Client agrees to pay and shall be liable for any and all charges incurred based upon Client approved or verified timecards or hours or similar information submitted by Client to AppleOne. If timecards or hours lack timely Client approval or verification, AppleOne will process payroll and invoices based upon the timecards or hours submitted by the employees. 11. Client shall reimburse AppleOne for any expenses that are incurred by AppleOne or Temporary Employees, which are reasonably related to or arise out of the services provided to Client or the discharge of duties by Temporary Employees for Client under this Agreement (“Reimbursable Expenses”). Such Reimbursable Expenses may include a reasonable amount for Temporary Employee internet service or mobile device service for remote work, Client-required equipment and tools, Client-required uniforms, pre-employment health screening (e.g., COVID-19 testing) and fit for duty doctor’s visit costs. Expenses for travel shall not be invoiced or reimbursed unless such travel expenses have been previously authorized by Client. Conditions of Service + Exh. A BR Range DH 2022 Page 3 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 12. AppleOne shall invoice Client weekly for services and any other obligations hereunder. Client agrees that payment of invoices is due upon receipt. Client agrees that an account balance that remains unpaid thirty (30) days after the invoice date will be considered in default and that AppleOne may assess a default charge of one and one-half percent (1.5%) per month on any such balance. Client agrees to pay any such default charges and any costs of collection, including attorneys’ fees. 13. Client’s payment method (Check box.): ApplePay’s eCheck. Client may sign up at www.applepay.com. ACH/Other shall be discussed between Client and the AppleOne representative. Notwithstanding anything to the contrary in this Agreement, in the event that AppleOne is subject to any third party fees or costs related to AppleOne’s compliance with Client’s invoicing or payment policies or practices (e.g., Ariba fees, credit card fees, etc.), AppleOne will pass such fees or costs through to Client without markup. 14. Client and AppleOne 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. AppleOne is committed to fulfilling its ACA obligations through offering ACA-compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA-related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice. 15. Client, or federal, state or local laws, either currently existing or enacted in the future, may mandate that Temporary Employees undergo specific training (e.g., sexual harassment prevention training), presentations and other curricula (“Trainings”), where the payment of wages is required by law. Unless otherwise agreed to by the parties in writing, the parties agree that AppleOne will invoice Client for the time spent by Temporary Employee on such Trainings, as well as for voting, as allowed by applicable law, according to the regular markup percentage or bill rate that AppleOne charges for such employee. 16. Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19-related leave (Each such law is a “Paid Leave Law.”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective. Unless otherwise agreed to by the parties in a writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the regular markup percentage or bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met. 17. Unless otherwise agreed to by the parties elsewhere in the Agreement and/or in any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s), to the extent that AppleOne may be required to pay the Temporary Employee overtime under any federal, state or local law, AppleOne, as applicable, will bill Client i) based upon the Temporary Employee’s legally applicable hourly pay rate for overti me work plus the markup percentage for the Temporary Employee, or ii) an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate. 18. Additional agreed upon pricing for the services to Client 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 Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the Effective Date. These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes, regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, SCLS/SCA, vacation pay, holiday pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the form of an electronic communication, including email. OTHER TERMS 19. Despite anything to the contrary in the Agreement, Client shall defend, indemnify and hold harmless AppleOne Parties from and against any and all Losses to the extent caused by Client’s failure to inform AppleOne, in writing, that Client or any job orders or services hereunder, are subject to Federal Acquisition Regulation and/or Conditions of Service + Exh. A BR Range DH 2022 Page 4 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 Defense Federal Acquisition Regulation Supplement, Service Contract Labor Standards, formerly known as the McNamara-O’Hara Service Contract Act of 1965 (“SCLS/SCA”), Davis-Bacon Act of 1931, Federal Paid Sick Leave (EO 13706), or any other federal law where a security clearance or any kind of government-issued credential or designation is required. 20. To the maximum extent permitted by applicable law, neither Client nor AppleOne 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, unless such party has engaged in gross negligence or willful misconduct or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement. 21. 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. 22. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving party 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. 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. 23. The laws of the State of California shall govern this Agreement, its interpretation and any disputes regarding the services. Any action concerning this Agreement or the services shall be instituted in the s tate or federal courts located in County of Los Angeles in the State of California, and AppleOne and Client agree to the exclusive personal jurisdiction of said courts and waive any rights to a change of venue. In the event that a party hereto commences any legal or equitable action or other proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to any other relief. 24. This Agreement shall be in effect from the last date set forth below (“Effective Date”) and shall continue until terminated at any time by either party in writing. Absent a prior agreement between the parties, services provided by AppleOne to Client before the Effective Date shall be considered as having been provided subject to the provisions of this Agreement. The rights and obligations in this Agreement, which by their nature should survive, will remain in full force and effect following the termination of this Agreement. 25. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect. 26. As Client’s staffing supplier, AppleOne considers itself a critical vendor to Client, and AppleOne is committed to helping its clients through turbulent times. To ensure alignment on this issue, AppleOne requests and Client agrees that, in the unlikely event of a Client bankruptcy filing, that AppleOne will be a critical vendor of Client so that all services performed by AppleOne under this Agreement, or any other agreement between the parties, before and after any bankruptcy filing, are paid in accordance with the parties’ applicable contractual terms. 27. A waiver of a breach of any covenant, condition, or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or any other covenant, condition, or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing. Conditions of Service + Exh. A BR Range DH 2022 Page 5 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 28. The parties agree that this Agreement (and/or any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s)) may be electronically signed and that any electronic signature appearing on this Agreement (and/or such exhibit(s) or document(s)) is the same as a handwritten signature for the purposes of validity, enforceability and admissibility. Further, the parties agree that this Agreement may be executed in counterparts, each of which together shall be deemed one and the same instrument. Moreover , the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) 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). For Client For AppleOne Signature Signature Jason Simpson Printed Name Printed Name City Manager Title Title Date Date 130 S. Main Street 327 W Broadway Lake Elsinore, CA 92530 Glendale, CA 91204 Address Address AppleOne is an equal opportunity and affirmative action employer. We proudly embrace diversity in all of its manifestations. We are firmly committed to anti-racism, and as leaders of fairness in work, do not tolerate or support racism or any discriminatory practices. Conditions of Service + Exh. A BR Range DH 2022 Page 6 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 EXHIBIT A - 1, PRICING TO CONDITIONS OF SERVICE (“Agreement”) BETWEEN CITY OF LAKE ELSINORE (“Client”) AND HOWROYD-WRIGHT EMPLOYMENT AGENCY, INC. DBA APPLEONE EMPLOYMENT SERVICES (“AppleOne”) DATE: 4/28/22 1. TEMPORARY EMPLOYEES: 1.1 Employees or associates of AppleOne and any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Unless otherwise specified in the Agreement, the rates and fees set forth below represent the Temporary Employee’s pay plus all applicable state and federa l taxes, government reporting, workers’ compensation and related administrative costs. 1.2 AppleOne will charge Client an hourly bill rate for each hour of service provided by a Temporary Employee. AppleOne will invoice Client according to the following fee schedule : JOB CLASSIFICATIONS BILL RATE FOR TEMPORARY EMPLOYEE WILL BE WITHIN THE BILL RATE RANGE All Clerical and Accounting roles 43% Mark-Up Other Positions Bill rate range will be provided after request for position in writing. 1.3 To the extent that AppleOne may be required to pay any Temporary Employee overtime under any federal, state or local law, AppleOne will bill Client for an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate . 1.4 Client and AppleOne 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. AppleOne is committed to fulfilling its ACA obligations through offering ACA-compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA -related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice. 1.5 Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19-related leave (Each such law is a “Paid Leave Law.”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective. Unless otherwise agreed to by the parties in writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met. 1.6 For the duration of a Temporary Employee’s assignment at Client, Client agrees that AppleOne will invoice Client according to the hourly bill rate that AppleOne charges Client for the following eight (8) holidays (actual day or AppleOne-observed day): New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Fourth (4th) of July, Labor Day, Thanksgiving Day, and Christmas Day. If Client and AppleOne agree that a Conditions of Service + Exh. A BR Range DH 2022 Page 7 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 Temporary Employee will work on assignment for Client on any such holiday, AppleOne will instead invoice Client at a premium rate, which is 1.5 times the hourly bill rate that AppleOne charges Client for such employee. 1.7 The parties agree that upon thirty (30) days’ written notice to Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the effective date of the Agreement. These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes, regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, Service Contract Labor Standards (formerly known as the McNamara-O’Hara Service Contract Act of 1965), vacation pay, holiday pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the form of an electronic communication, including email. Temporary Employees must work at the job site of the original assignment. An authorized AppleOne representative must approve, in writing, any change in job site or job duties in advance of such change. 2. CONVERSION OF TEMPORARY EMPLOYEE: 2.1 Client may convert a Temporary Employee to a full-time employee at a fee equal to 5% of the Temporary Employee's starting annual salary for Client once the Temporary Employee has been on assignment with Client for 720 hours. Should Client convert any Temporary Employee to a full-time employee prior to 720 hours, AppleOne will bill Client according to the following fee schedule: HOURS COMPLETED ON ASSIGNMENT CONVERSION FEE AS A PERCENTAGE OF THE EMPLOYEE’S STARTING ANNUAL SALARY FOR CLIENT 1-240 Hours 20% of Starting Annual Salary 241-480 Hours 15% of Starting Annual Salary 481-719 Hours 10% of Starting Annual Salary 720+ Hours 5% of Starting Annual Salary Conversion is not transferable to any third party who is a competitor of AppleOne. 3. DIRECT HIRE SERVICES: 3.1 Client retains AppleOne on a non-exclusive basis to locate, refer, and/or present to Client candidate(s) for employment positions with Client. Such direct hire services shall be referred to as the “Direct Hire Services.” Decisions regarding whether to hire candidate(s) referred by AppleOne, as well as any and all compensation and benefits to be offered to such candidate(s), shall be made by Client, and not by AppleOne. 3.2 AppleOne will perform reference checks and other such screening as AppleOne deems reasonably necessary to determine the qualifications and suitability of the candidate(s) prior to their referral to Client. Reference checks for the candidate(s) will be based entirely upon application information provided by th e candidate(s). AppleOne will be entitled to rely upon any information received from the candidate(s) and their references. AppleOne will not be responsible to complete the employer I -9 verification process. Except as specifically provided herein, any other checks, screenings, or tests (e.g., drug, health, credit, criminal, and/or skills) (collectively, “Background Checks”) will not be performed on candidate(s). Upon Client’s written request, and AppleOne’s written agreement to such request, AppleOne can arrange, for an additional fee, to have lawful, Client-specified Background Checks performed on candidate(s). The fee for any agreed -upon Background Checks shall be determined by AppleOne at the time of Client’s request and shall be paid by Client at the tim e such service is performed by AppleOne and/or its preferred third party vendor(s). AppleOne shall have no liability in connection with the acts or omissions of third-party vendor(s) who perform any Background Checks 3.3 AppleOne provides its Direct Hire Services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical Conditions of Service + Exh. A BR Range DH 2022 Page 8 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements . 3.4 Except as otherwise set forth in the Agreement, Client agrees that a fee for AppleOne’s Direct Hire Services (“Direct Hire Fee”) shall be deemed earn ed by AppleOne when a candidate referred by AppleOne to Client is employed by Client or its subsidiary or other affiliated entity at any time within six (6) months from the date AppleOne provided the identity of such candidate to Client. This Direct Hire Fee shall be earned and due to AppleOne regardless of the position in which the candidate is hired, even if such position is different than the position for which the candidate was originally referred. In addition, unless Client presents written evidence to AppleOne of Client prior knowledge of an AppleOne referred candidate either: i) within three (3) business days of AppleOne’s referral of such candidate to Client or ii) prior to Client’s interview of such candidate, whichever is earlier, Client understands and agrees that Client is liable for the payment of any Direct Hire Fee due to AppleOne for such candidate pursuant to this Agreement. 3.5 Client agrees that the Direct Hire Fee for an AppleOne referred candidate under the terms of this Agreement is equal to a percentage of such candidate’s first year annualized salary as set forth in the table below. JOB CLASSIFICATION PERCENTAGE (%) OF FIRST YEAR ANNUALIZED SALARY All Positions 20% 3.6 Client agrees that payment for Direct Hire Services is due net ten (10) calendar days following receipt of invoice or the candidate’s start date, whichever is later. Client understands and agrees that a default charge of one and one-half percent (1.5%) per month may be imposed on any balance that remains unpaid after thirty (30) days from the invoice date. Client agrees to pay any such default charge(s) and any costs of collection, including attorneys’ fees. 3.7 “5•50 Assurance Plan” Terms and Conditions: a. The 5•50 Assurance Plan is contingent upon the timely payment of fees according to the terms set forth in this Agreement. The 5•50 Assurance Plan may only be applied one (1) time per original candidate. Client must also notify AppleOne in writing within five (5) calendar days of a candidate’s termination, resignation, promotion or relocation date, as applicable, should Client wish to utilize the 5•50 Assurance Plan. i. 30 Calendar Days – Free Replacement or Full Refund: Upon termination or resignation of the original candidate within the first thirty (30) calendar days of employment, AppleOne will provide either a one-time free replacement for the same vacated position or a full refund of the Direct Hire Fee paid for the original candidate. ii. 31 to 90 Calendar Days – Free Replacement or Prorated Refund: Upon termination or resignation of the original candidate between thirty-one (31) and ninety (90) calendar days, AppleOne will provide either a one-time free replacement for the same vacated position or a prorated refund of the Direct Hire Fee paid for the original candidate. The prorated refund will be based on the number of calendar days remaining after termination or resignation within the ninety (90) day period (1/90th of the fee per calendar day). iii. 91 Calendar Days to 5 Years - 50% Discount: Upon termination, resignation, or promotion of the original candidate between ninety-one (91) calendar days and five (5) years, AppleOne will offer a one-time replacement of the same vacated position at a 50% discount. Example: If the original Direct Hire Fee is 20% of first year annualized salary, the replacement Direct Hire Fee will be 10% of the first year annualized salary of the replacement candidate. b. The 5•50 Assurance Plan is not available in the event of employee termination or resignation due to a significant change in the employee’s compensation or other benefits of employment, unlawful conduct of the employer, harassment of the employee, or other conditions or events not in keeping with a professional and reasonable working environment. For Client For AppleOne Conditions of Service + Exh. A BR Range DH 2022 Page 9 of 9 AppleOne Confidential and Proprietary Information Legal/SRiley Template 02012022 Signature Signature Jason Simpson Printed Name Printed Name City Manager Title Title Date Date 130 S. Main Street 327 W Broadway Lake Elsinore, CA 92530 Glendale, CA 91204 Address Address