HomeMy WebLinkAbout14 - Temporary Staffing Services — PSAQ �EwPpRT
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9C/FOR
TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 8, 2024
Agenda Item No. 14
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Barbara J. Salvini, Human Resources Director - 949-644-3300,
bsalvini@newportbeachca.gov
PREPARED BY: Caroline Hua, Human Resources Analyst - 949-644-3300,
chua@newportbeachca.gov
TITLE: Temporary Staffing Services — Approval of Professional Services
Agreement with Temporary Staffing Professionals and The Intersect
Group
ABSTRACT:
The Human Resources Department is seeking City Council approval to authorize the
execution of two professional services agreements for temporary staffing services.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a Professional Services Agreement with Temporary Staffing Professionals
for temporary staffing services for a term of three years with an option to extend for
two additional one-year renewals for a total amount not to exceed $2,000,000;
c) Approve a Professional Services Agreement with The Intersect Group for a term of
three years with an option to extend for two additional one-year renewals for a total
amount not -to -exceed $500,000; and
d) Authorize the Mayor and City Clerk to execute the Agreements.
DISCUSSION:
The City of Newport Beach is a full -service city with a mix of full-time and part-time staff
totaling approximately 1,176 employees. Throughout the year, position vacancies exist.
For many vacancies, it is necessary to use temporary employees to meet service
demands and maintain workflow while the City recruits for a replacement. The timeframe
for filling a position depends on several factors, including but not limited to, the position,
the number and quality of applicants, the availability of raters, and the length of the
background process.
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Temporary Staffing Services
October 8, 2024
Page 2
To streamline the use of temporary staffing agencies across City departments, a formal
procurement process was conducted. Staff pulled data reflecting the number of
employees who will be retirement eligible over the next several years to get a sense of
what positions may become vacant and trigger a need for temporary staffing. The
following table and chart reflect the prospective number of potential vacant positions
related to retirements, which shows that the percentage of employees who are eligible to
retire is projected to grow to over 30% by the year 2029.
Employees Eligible for Retirement (2024-2029)
1200
1000
800
v
v
0 600
a
E
w
400
200
Employees Eligible for Retirement (50+)
2024 2025 2026 2027 2028
i
2029
■ 50 or above
■ 49 or under
2024
2025
2026
2027
2028
2029
50 or above
235
258
270
296
323
361
49 or under
941
918
906
880
853
815
Total
1,176
1,176
1,176
1,176
1,176
1,176
2024
2025
2026
2027
2028
2029
50 or above
20%
22%
23%
25%
27%
31%
49 or under
80%
78%
77%
75%
73%
69%
Total
100%
100%
100%
100%
100%
100%
Employees who will be 50 years old by December 31 of each year.
Data pulled: 9/19/2024 (Employee Inquiry)
Request for Qualifications (RFQ) Process
Using specifications provided by the Human Resources Department, the City's
Purchasing Division staff issued a formal RFQ solicitation for temporary staffing services.
The RFQ was posted on the City's public procurement system (PlanetBids) and
distributed directly to known providers of these services. The Purchasing Division staff
reviewed the respondents' information and reduced the field to 63 proposers.
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Temporary Staffing Services
October 8, 2024
Page 3
A matrix was created to further narrow the respondent pool with leading proposers scoring
highly on their public agency experience, public agency references and if they did not
charge fees if the City ultimately appointed a temporary staffer to a full-time position. The
15 proposers who met all three criteria advanced to technical evaluations.
Technical Evaluation — (Max 100 pts) A panel consisting of Human Resources
Department and Finance Department staff assessed each proposer on the following
categories: qualifications & experience (40 pts), demonstrated understanding of the
Scope of Work (30 pts) and ability to perform services (30 pts). The scores from each
section were multiplied by the value of points out of a maximum 100 points to calculate
the total weighted scores.
Cost Review — (0 pts) Cost was not a factor included in the technical evaluation.
The total weighted scores ranked in order of highest to lowest:
PROPOSER
TECHNICAL
EVALUATION
(Max 100)
TOTAL
WEIGHTED
SCORE
OVERALL
RANK
Temporary Staffing Professionals
82
2730
1
The Intersect Group
76
2530
2
Cath Jon Enterprises, Inc.
74
2460
3
Tec West, Inc.
69
2300
4
22nd Century Technologies, Inc.
68
2270
5
Infojini, Inc.
67
2240
6
LanceSoft Inc.
66
2210
7
Abacus Service Corporation
60
1990
8
Beatty's Services, Inc.
58
1940
9
Helpmates Staffing Service
58
1940
9
STAND 8
52
1770
10
Sierra Cybernetics, Inc.
50
1710
11
Jada Systems, Inc.
48
1650
12
Clovity Inc.
47
1570
13
California Creative Solutions, Inc.
44
1470
14
Conclusion of RFQ Process and Panel Recommendation
Following this procurement evaluation and review process, the evaluation panel identified
the top two proposers as Temporary Staffing Professionals and The Intersect Group. City
staff recommends moving forward with awarding the top two proposers a three-year
contract term with an option to extend for two additional one-year renewals. This
procurement was based on the qualifications of the agency. The bulk of the temporary
staffing needs will be obtained from Temporary Staffing Professionals, with the
understanding there may be times when The Intersect Group will provide backup staffing
if necessary. The determination of the not -to -exceed amounts is based on the historical
costs associated with temporary staffing, the City's growing retirement -eligible employee
population which will trigger temporary vacancies, and the assumption temporary staffing
costs will increase year over year due to inflation.
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Temporary Staffing Services
October 8, 2024
Page 4
FISCAL IMPACT:
The cost associated with temporary staffing services will be covered by utilizing salary
savings from vacancies.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Professional Services Agreement with Temporary Staffing Professionals
Attachment B — Professional Services Agreement with The Intersect Group
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/_1ir_TH:IJi140111r_1
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WiTH TEMPORARY STAFFING PROFESSIONALS INC. FOR
TEMPORARY STAFFING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of October, 2024 ("Effective Date"), by and
between the CiTY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and TEMPORARY STAFFING PROFESSIONALS INC., a Texas corporation
("Consultant"), whose address is 16513 Jackson Street, Valente, TX 78641, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City and Consultant previously entered into a short term on -call agreement for
temporary staffing services dated July 18, 2024 ("Prior Agreement").
C. City and Consultant now desire to enter into a longer term agreement for
Temporary Staffing Services ("Project"), to supersede and replace the Prior
Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 8, 2027, unless terminated earlier as set forth herein. The City shall
have the option to renew this Agreement upon written notice to Consultant for up to two
(2) additional one (1) year terms, upon the same terms and conditions set forth herein,
with each additional term commencing upon the expiration of the immediately preceding
term.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
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2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) business days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
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4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including the initial term and all additional terms, and all reimbursable items
and subconsultant fees, shall not exceed Two Million Dollars and 001100
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($2,000,000.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Cassidy Krucli to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreementwill be administered by the Human Resources Department. City's
Human Resources Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
Temporary Staffing Professionals Inc. Page 3
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represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement orforother periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. Ail such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Human Resources Director
Human Resources Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Geneva Milne
Temporary Staffing Professionals, Inc.
17853 Santiago Blvd, Suite 107-492
Villa Park, CA 92861-4199
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at Its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. in the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. in the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Temporary Staffing Professionals inc. Page 10
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
29. TERMINATION OF PRIOR AGREEMENT
As of the effective date of this Agreement, the Prior Agreement between the
Parties, dated July 18, 2024, is hereby terminated.
[SIGNATURES ON NEXT PAGE]
Temporary Staffing Professionals Inc. Page 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By: ►%c�
6iir6rf C. Harp r�.yN.Jw
-City Attorney ,A9
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: TEMPORARY
STAFFING PROFESSIONALS INC., a
Texas corporation
Date:
By:
Maria Lankenau
Chief Executive Officer
Date:
By:
Geneva Milne
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Temporary Staffing Professionals Inc. Page 12
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*:�:11=1 krsl
SCOPE OF SERVICES
Temporary Staffing Professionals Inc. Page A-1 14-17
SCOPE OF SERVICES
Consultant shall provide services as set forth below:
Consultant General Requirements.
Provide a comprehensive catalog/list of clerical, office, accounting, other related
administrative support service and professional options to the City including price range
of positions, indicate mark ups, or additional fees.
• Consultant shall provide the resume(s) and contact information of qualified personnel
assigned to the Project.
Consultant shall ensure that the following criteria of each temporary worker are met prior
to the start of the assignment:
o Temporary worker shall complete a Live Scan form provided by City, schedule an
appointment with the Newport Beach Police Department and bring completed Live
Scan form to scheduled appointment. Complete Live Scan fingerprinting at the
Newport Beach Police Department and clear background.
o Temporary worker recommended for an assignment meet all essential job
function(s) and minimum qualification(s) for the various types of positions.
o Consultant conducts due diligence employment verification/references of the
temporary worker selected for an assignment.
o Verify that temporary worker is not a retired annuitant of the California Public
Employee' Retirement System (CalPERS).
o Consultant shall provide City with identification for temporary worker and shall
clearly indicate temporary worker's full name, photograph and department
assignment.
• Consultant shall not impose a temporary to permanent placement/conversion fee. It is not
applicable for temporary workers that are hired by City through the competitive recruitment
process, regardless of introduction or assignment by Consultant.
Scope of Administrator and Consultant.
• On an as -needed basis, City shall contact Consultant with temporary worker request
providing quantity, position type, department assignment, and any additional information
for the request.
• Consultant shall acknowledge request within one (1) business day and provide a status
update within two (2) business days from receipt.
• City shall provide Consultant with Live Scan form for temporary worker to fill out.
• Consultant shall notify the City if the Consultant is unable to fill the temporary worker
position. City reserves the right to cancel the request.
• City will communicate with Consultant on matters including but not limited to complaints
from customer departments on placement turn around issues and the quality of the
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SCOPE OF SERVICES
candidates. Administrator will communicate with Consultant if there is a lack of
responsiveness.
o Consultant shall acknowledge receipt of communication from City within two (2)
business days.
o Consultant shall provide City with an action plan to rectify any matters
communicated to Consultant within five (5) business days.
Scope of Consultant and Temporary Worker.
• The Consultant and temporary worker shall act as an independent Consultant and not an
employee, representative or agent of the City. Consultant expressly warrants that neither
Consultant nor any temporary worker shall represent themselves to be an employee,
representative or agent of the City.
• Consultant and temporary worker acknowledges that the assignment shall not exceed 960
hours in a fiscal year, from July 1-June 30. Switching and/or changing assignments do not
reset the 960-hour count. This cumulative total is for each temporary worker, including
work performed in all City departments and work performed with other temporary agencies
in a fiscal year. Consultant is responsible for tracking temporary personnel hours.
• Temporary worker is not eligible for alternative work schedules that exceed 8 hours per
day or 40 hours per week.
• Consultant shall notify temporary worker when/if the assignment has concluded when
notified by City and shall provide a replacement temporary worker if requested within a
reasonable timeframe communicated and approved by Project Manager.
Scope of Administrator and Temporary Worker:
Temporary worker shall schedule appointment with Newport Beach Police Department
and bring completed Live Scan form provided to Consultant with them to their
appointment at the Newport Beach Police Department.
• City reserves the right to end the assignment of the temporary worker at any time.
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TSPTEMPORARY
STAFFING
PROFESSIONALS
Response File
Temporary Staffing Professionals
Project Title: Temporary Staffing Services
Invitation: #25-04
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Statement of Qualifications:
Temporary Staffing Professionals (TSP) is pleased to be invited to this Request for
Qualifications to the City of Newport Beach (The City) to render and provide Temporary
Staffing Services as requested by The City. The variety of services provided by TSP
would include Human Resources, Accounting and Finance, Legal, Administrative and
1T. TSP has a staff combined with 25 plus years of experience dealing in the
government sector, private companies, as well as the arena of education.
We have a broad range of talent that has worked with multiple cities, counties, school
districts as well as the private sector. We are well versed in city departments and
specific titles and positions held in these departments. Our current departments are
Human Resources, Community Development, Finance, Treasury, Legal, City Attorney,
City Clerk, Fire, Library, Public Works, Recreation, Utilities and Harbor. The following
roles that have been successfully filled encompass fiscal clerks, office assistants,
administrative assistants, administrative analysts, human resources clerks, technical
assistants, analysts, receptionists, accountants, business license, accounts payable,
accounts receivable, senior accountants, staff accountants, financial analysts, payroll,
buyers, procurement, purchasing, paralegals, help desk, IT Analyst, billing clerks and
software engineers.
The following roles are temporary or indefinite temporary with a possibility to apply for
the role if there is open recruitment. TSP charges NO CONVERSION FEES for
candidates that are on temporary assignments in the city. The City of Newport Beach is
free to convert TSP candidates at any given time during the duration of the assignment.
An example of our NO FEE CONVERSION POLICY is as follows: if the City of Newport
Beach decides to have our candidate apply for an open recruitment and were selected,
from passing their testing, panel interview and overall hiring criteria there would be no
conversion fee despite the length of time they worked as a temporary employee. An
example would be if The City of Newport Beach had a Temporary Staffing Professional
candidate as a temporary employee for 3 weeks and they applied to an open
recruitment and were selected there would be no conversion fee. We make the process
simple. The Temporary Staffing Professional candidate would transfer to the City of
Newport Beach's payroll at no cost. Temporary Staffing Professionals provides 8-
hours complimentary on the first day.
TSP is aware of the CaIPERS rules therefore we provide a weekly spreadsheet of all
candidates on billing to track their hours to not exceed 960 hours. We provide constant
communication to Human Resources if a candidate is approaching the 960-hour mark.
We also are aware that the fiscal year end is July lst - June 30tt'
Our candidate retention rates with cities are extremely high based on our ongoing
communication with our candidates as well as being a liaison between both the
candidate and the city. We make ourselves available before and after standard work
hours to assure communication is granted to both parties. We are also willing to work
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with the budget constraints that vary from department to department. in addition, we
provide 8-hours complimentary on the first day. TSP emphasizes the pros that
surround applying for an open recruitment position by educating the candidate of career
pathing and having the ability to transfer to different departments if other opportunities
open during the end of their assignment. The benefits are a huge selling feature for the
city if they are selected for full-time open recruitment.
TSP provides extensive interviews, backgrounds and testing to assure they are a
qualified candidate for the role we are placing in the city. Based on the tenure of our
team we received multiple referrals from our proven performers as well as our clients.
Our predominant success is centered around focusing on both the hard skills as well as
the soft skills of each candidate. Our foremost source of retaining top talent is centered
around networking and an extensive network of candidates in our database. We attend
and conduct speaking events at multiple colleges as well as companies that are
experiencing layoffs in this current market. Our recruiters are actively involved in
industry groups that provide both intel and talent for us to represent.
TSP delivery is extremely rapid as we can have a candidate start once the onboarding
and Live Scan is completed. Our average turnaround time is 1-3 days depending on the
difficulty of the position. We work within the timeframe of the need requested.
Oraanizational information:
Jamie Campagnolo- Vice President/Market Director of Temporary Staffing
Professionals has over 25 years of experience in the staffing industry and holds a
Juris Doctor Degree from Western State College of Law and a Bachelor's Degree
in Business and Economics from Westmont College. We have/had multiple
temporary candidates at the government agencies listed below. Jamie provides
consistent communication with both the clients and candidates. She is available
before and after hours to act as a liaison. Her clients and candidates know she is
relationship based and is proactive to her approach in servicing both her clients
and candidates. Here is a list of cities that Jamie has worked with in the last 3
years. Jamie will be the primary point of contact in relation to the contract.
• City of Huntington Beach
• City of El Segundo
• City of Lake Forest
• City of Newport Beach
• City of Fountain Valley
• City of San Juan Capistrano
• City of Stanton
• City of San Bernadino
• City of Laguna Beach
• City of Pico Rivera
• City of Santa Ana
• City of Costa Mesa
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City of Laguna Niguel
City of Mission Viejo
City of Los Alamitos
Jamie's Linkedln is: https://www.linkedin.com/in/mamiecampagnolo/
Jamie's Resume is at the bottom of the document.
2. Geneva Milne COO is an Executive leader who has worked as Founder and
Chief leader, with more than 20 years of experience leading and growing teams
in the staffing industry. Geneva has a passion for technology, innovation, and
business process improvement with the belief that a positive, high-performance
work culture will create unmatched outcomes for partners, employees, and
clients alike. Geneva has spent 12 of the 20+ years in staffing, providing service
and creating solutions for government agencies. Ranging from County Hospitals,
Local County Agencies, State Run Agencies, and School Districts, Geneva's
experience in managing teams with expertise in government staffing is expansive
inside and outside of California, spanning 20 total states, providing resources
from junior level support roles up through interim senior level leaders and
deliverables -based project consultants.
Geneva's Linkedln is: https://www.linkedin.com/in/geneva-milne-a233431/
Geneva's Resume is at the bottom of the document.
3. Maria Lankenau CEO is a proven business leader and entrepreneur with over 30
years of experience in the staffing industry. She has spent the last 10 years
supporting government agencies including counties, schools and government run
projects throughout the State of California. She has focused on creating staffing
solutions with Southland's top professional talent in Accounting & Finance,
Administrative, Human Resources and IT areas. She is dedicated to crafting
unique connections that empower both candidates and employers. With a keen
eye on innovation and a passion for unlocking potential, Temporary Staffing
Professionals is your partner in navigating the dynamic landscape of talent and
opportunity.
Maria's Linkedln is: https://www.linkedin.com/in/maria-lankenau-002904b/
Maria's Resume is at the bottom of the document.
4. Cassidy Krucli is a Recruiting Specialist for Temporary Staffing Professionals
with a few years of experience in the staffing industry. Her expertise lies in
staffing a wide range of roles for government agencies and retail clients, ensuring
the right fit for both employers and candidates. She specializes in filling contract
roles within the Administrative, Finance, Accounting, IT and Human Resources
realm. Cassidy holds a Bachelor of Science in Business Administration with a
minor in Finance from San Diego State University.
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Cassidy's Linkedln is https://www.linkedin.com/in/cassidy-krucii/
Cassidy's Resume is at the bottom of the document.
Protect Approach 1 Methodoloav:
Temporary Staffing Professionals is a staffing company dedicated to placing qualified
candidates within the Accounting/Finance, Human Resources, Administrative, and IT
arena. Our expertise encompasses the government sector predominantly. We have a
tenured staff that has 25 plus years partnering with cities, counties, and other
government entities. We are equipped to provide a quick turnaround for all positions
listed within the Scope of Services. Our quality standards are established through
continuous communication with Human Resources, hiring managers and the selected
candidate. Our role involves facilitating feedback and sharing crucial information among
all parties. Additionally, we conduct comprehensive testing, background checks, and
interviews to optimize the hiring process.
Our commitment lies in securing top -tier talent through comprehensive evaluations of
each candidate's technical skills, cultural alignment, soft skills, and validation of their
professional background.
Our staffing approach is defined by our deep expertise. Our specialized teams
collaborate to identify the optimal talent for your organization. Equipped with cutting -
edge tools and technology, our recruiters maintain a proactive stance in connecting with
leading professionals across IT, accounting & finance, administrative, and HR sectors.
Our partnership with other cities and government entities makes us well versed in
staffing for government specific positions.
We employ diverse channels to attract highly qualified individuals. Our primary avenues
include networking, referrals, client -endorsed consultants, and an extensive internal
talent database. With our seasoned team, we boast an expansive referral network.
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Jamie Campagnolo
Aliso Viejo, CA 1949.338.1869 1 mjcampagnolo@cox.net
httl2s://www,linkedin.com/iniiamiecampagnolo/
Career Summary
Business Executive and Limited Partner with over twenty years of progressive, broad -based
sales and operational leadership roles in public and private corporations ranging from $250
million to $4.7 billion. Areas of principle responsibility included branch operations, field sales
and marketing, financial forecasting and budgeting, talent attraction and development, and
maintaining consistent profitability year over year. As an in-rotation/selling Branch Manager,
aggressively grew revenues and market share through cross -leveraging business synergies
and operational efficiencies, effective cost containment and communication strategies, annuity
focused quality control initiatives, and through developing and maximizing strategic business
alliances.
Professional Experience
Temporary Staffing Professionals, Villa Park, CA May 2024 - Present
Privately held firm specializing in accounting, finance, administrative, human resources, and
information technology.
Vice President I Managing Director
The Intersect Group (acquired VincentBenjamin) June 2015 — May 2024
VincentBenjamin, Costa Mesa, California
Privately held firm specializing in accounting, finance, administrative, human resources, and
information technology.
Account Director i Practice Director I Senior Manager, Business Development
■ Responsible for achieving personal revenue of $2.5 million with an overall GM
percentage of 35%.
■ Achieved 42% compounded growth and averaged a net profit contribution of 25%.
■ Consistently ranked in the top 5 individual sales performers in the company.
■ Recognized 8 years in a row for Presidents Club 1 Legends top performer.
■ Secured a $2.5 million reoccurring tax project in partnership with local, Big 4 accounting
firm that provides nationwide data verification and compliance services.
■ Led a high -performing team of 10, providing mentorship, coaching and support to
achieve individual and team targets.
Robert Half, San Ramon, California May 2012 - June 2015
$4.7 billion, publicly traded (NYSE) staffing firm, specializing in temporary, full-time and project
based support in the finance, information technology, legal, creative and administrative fields.
Assistant Vice President, Accountemps
Responsible for increasing market share and revenue growth through the expansion of existing
client relationships, cross -divisionally and by implementing an executive leadership level
business development strategy. Functional responsibility for sales, marketing, budgeting,
administration, market segment expansion and large account/project administration.
■ Increased revenue from $3 million to $4.8 million. Achieved 18% compounded growth
and averaged a net profit contribution of 20%.
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■ Responsible for achieving divisional, net profit, and succession planning goals;
promoted two new Division Director promotions from my team in last six months
■ Consistently ranked in the Top 15 individual sales performers in the Western District.
■ Recognized for the Million Dollar Milestone award which reflects a one million dollar gross
margin contribution.
■ Landed a million dollar recurring tax project in partnership with local, Big 4 accounting
firm that provides large scale data verification and compliance services and talent.
■ Managed a staff up to 7 inside/outside associates as well as responsible for the Salaried
Professionals (bench talent) division which encompassed over 20+ consultants out
working. Successful at keeping these professionals on assignment and minimizeleiimated
non -billable expenses.
alliantgroup Irvine, CA February 2011 - May 2012
alliantgroup is the nation's leading tax specialty service provider, working with CPA firms
and their clients to ensure companies receive full benefit of federal and state tax
incentives.
Director
• Developed relationships with CPA firms and other retail clients to develop a plan
and program to ensure they are receiving full benefits for both federal and state
tax incentives
• Personal production from both, over the phone as well as in person visits allotted
in client referrals and numerous incentives for both the firm as well as their
clients
• Targeted Industries: Manufacturing, Engineering, Architectural Services and
Construction firms. Generated over $2 million in gross revenue.
Roth Staffing Companies, Ledgent Division Costa Mesa, CA January 2003 — February 2011
Privately held, regional staffing firm specializing in the placement of accounting and
finance professionals
Limited PartneriBranch Manager
• Recruited, trained and managed a staff of up to nine for the Accounting and
Finance Division, encompassing temporary and direct hire business lines
• Responsible for managing over $5 million in revenue delivering a 20%
bottom -line net profit.
• Primary responsibilities included the achievement of year over year of
revenue objectives and budgeted expense levels, financial planning,
forecasting and budgeting, key account acquisition and development, quality
control management
• Personal production and account development represent over 50% of overall
branch revenue
• Consistently received highest year over year client Quality Assurance
Surveys with a score of 4.98 on a 5.0 scale.
• Maximized all cross sell opportunities between four lines of business:
accounting and finance, administrative, legal and information technology
• Worked directly with decision makers to qualify, consult and execute overall
hiring needs
• Trained and developed team to reach successful outcomes on a consistent
basis which translated into top Ledgent rankings for both, direct hire and
temporary division gross profit.
• Maintained and serviced clients for over 12 years in addition to establishing
new business relationships within Orange County territory.
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Robert Half International, Menlo Park, California March 1998 - January 2003
$3 billion, publicly traded (NYSE) staffing firm, specializing in temporary, full-time and project
,based support in the finance, information technology, legal, creative and administrative fields
Branch Manager
Responsible for increasing market share and revenue growth through the expansion of existing
client relationships, cross -divisionally and by implementing an executive leadership level
business development strategy. Started up the Laguna Niguel branch with both lines of
business including Accountemps and Offlceieam. Operations grew to eight employees from
one. Functional responsibility for sales, marketing, budgeting, administration, and market
expansion.
■ Increased revenue from start up status to in excess of $3 million. Achieved 40%
compounded growth and averaged a net profit contribution of 20%.
■ Implemented a "lead by example" recruitment methodology into building, developing,
and retaining sales and operational teams. Built expanded infrastructure by internally
promoting four division directors.
■ Consistently ranked in the Top Five cross -divisional sales in district which was one of the
internal indicators that reflected effective career management strategies and strong buy
in to "one stock symbol" teamwork.
■ Received global leadership award for Reach for the Stars in 2000
■ Represented Western District on "new product" task force chartered with incorporating
Marcus Buckingham and Curt Coffman's best seller "First Break All the Rules".
Chosen to participate in "performance culture" task force dedicated to establishing
internal communication and change management best practices.
■ Promoted from Senior Staffing Manager to Division Director to Branch Manger within
one year of starting with the organization.
■ Started a chapter of the iAAP (International Association of Administrative Professionals)
in South Orange County- membership grew to over 60 individuals.
Education
Westmont College, Santa Barbara, CA- 1990
Bachelor of Arts, Economics and Business
Western State College of Law, Fullerton, CA- 1994
Juris Doctorate
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Geneva Mi'lne
Results oriented Executive Manager with a passion and successful track record for producing unprecedented
results in the talent acquisition space. Motivated by a quality customer experience and exceeding budgetary
goals, looks for out -of -the -box solutions in delivering best practice results. Successfully maintained +$70M budget
responsibility.
✓ Sr. Leader: +$70M annual budgetary responsibility, consistently recognized as a strategic and change
agent with a proven ability to design, build and re -organize recruitment and sales teams or exceed
corporate talent objectives.
✓ Strategic Planning and Entrepreneurial Orientation: Resourceful decision maker who combines integrity,
exemplary leadership and proven operational skill to lead complex projects from conception through
completion
✓ Sales and Marketing/Recruitment Campaign Development: Created multiple innovative campaigns to
increase annual sales revenues by more than $91M in staffing and recruitment revenues and new
products to generate in excess of $1.6M
✓ Recruitment and Retention: Improved retention rate by 20% region wide. Develop award winning
leaders at all levels of the organization. Identify, recruit and hire top level talent, external and internal.
✓ Training and Development: Increased efficiencies of International and Domestic sales and recruitment
teams to produce award -winning sales and recruitment professionals
Work History
Temporary Staffing Professionals
January 2024 - Present
Co-Founder/COO
Responsible for inception of all aspects of business operations and strategy to include operations,
finance/accounting, sales strategy, workflow, hiring, recruiting, vendor selection
Creation and implementation and use of leading -edge technologies and evaluation of business process
improvement to increase production and manage operations with limited internal staff
Created leading edge, unique systems to provide Thera pyTravelers a key competitive advantage in the areas of
sales and recruitment
Gunner Concrete, Inc.
October 2019 - October 2023
CEO/Owner
Provide leadership to help position Greenough Paving Co as the leader in paving and related services in our
geographic area.
Executive Responsibilities
• Developing a strategic plan to advance the company's mission and objectives
• Develop and oversee corporate financials and budget
• Drive Revenue, profitability and growth;
• Oversee company operations to insure production, efficiency, quality, service, and cost-effective
management of resources;
• Direct company planning and policy making;
• Develop and approve company operational procedures, policies, and standards.
Operational Responsibilities
• Responsible for bids and contracts
• Negotiate pricing of goods and services
• Material and Equipment procurement and allocations
• Purchase, lease, and sale of company equipment
• Oversight on projects and job sites
• Hiring and Termination of all personnel at Gunner Concrete
TherapyTravelers
August 2012-January 2020
14-28
Co-Founder/CEO
• Responsible for inception of all aspects of business to include operations, finance/accounting, sales strategy,
workflow, hiring, recruiting, vendor selection
• Grew revenue to $2M projected annual revenue with limited part-time work through implementation and use of
leading edge technologies and implementation of processes to increase production and manage operations with
limited internal staff
• Created leading edge, unique systems to provide Thera pyTravel e rs a key competitive advantage in the areas of
sales and recruitment
Robert Half Healthcare
July 2012-2019
Healthcare Practice Manager
• Creation and design of Healthcare Practice for $5B globally traded staffing firm
• Responsible for increasing market share and revenue for the Southern California Marketplace
through strategic new business development, expansion of existing client relationships and
implementation of inter -divisional cross -sell strategies in the healthcare market, through delivery of
business consulting and staffing engagements
• Oversaw annual budgets from $3 to $20 million and successfully grew operations through proactive
recruitment, sales training, team building and new business development
• Attained "Chairman's Club Leadership Awarded" for top performer at annual "Reach for the Stars"
recognitions event
Rockstar Recruiter
September 2009—June 2012
President/Co-Founder
Recruited to design and execute ail functions for sales, operations and talent acquisition far a start up healthcare travel
staffing and recruitment firm. Creation of all business process and administrative procedure to include; accounting/P&L
management vendor relations and selection, back office supportfunctions, marketing and sales, hiring, training and
management of internal sales and support staff.
• Grew talent database from concept to more than 150,000 difficult -to -recruit viable candidates
• Grew revenue from start up to excess of $10M, 28% GM, EBITA 15%
• Designed innovative marketing and recruitment campaigns which resulted in decreasing time to hire by more
than 20 days to include university, social media, direct sourcing, referral, e-marketing, licensure board and
various other recruitment sources
• Provide strategy, vision and counsel to executive management in addition to staff level employees to ensure
retention and maximum corporate growth
• Initiated, developed and implemented performance and matrix management and leadership guidelines to grow
business by more than 1700%in 2011
Maken na Scott Inc.
April 2008— December 2009
GlobalCare International Healthcare Recruitment Company, Consulting - Acting Vice President
Responsible for U.S. sales efforts and International Operations including training development and
recruitment efforts for 40+ recruiters in Makati City, Philippines
• Work to meet business unit performance goals through strategic talent planning and employee
development of teams in US and Asia
• Responsible to build all global recruitment campaigns to include social media campaigns
• Developed operational process/timelines for delivery of nurses including client communication
program to significantly reduce COGS and ensure maximum contract fulfillment for hospital clients
• Largest company revenue increase in 2008 (+$1M)
• Created LTH and RN+ (Temporary to hire) product including pricing, collateral, marketing, etc. and
sales in excess of $1.5M
• Create, enhance and standardize sales and marketing campaigns for all sales personnel
Staffing Universe
From concept to product launch, l developed the product, marketing material, price point business plan and
budget for proprietary web application to decrease staffing and recruitment costs for healthcare industry.
Sold business to investor December 2009.
• Created a network of more than 400 specialized healthcare staffing & recruitment firms
• Designed flexible staff management service to integrate with agency network platform
• RFP administration and recruitment process improvement consulting for national health system 14-29
• Established career tracking mechanism and worked with organizational development teams to
improve retention and reach departmental goals.
• Indentified and hired all internal sales and support staff in addition to all vendor partner selection
Education:
• Chapman University; Organizational Leadership
14-30
Maria Lankenau
SUMMARY
A proven business leader, investor and board member with over 30 years of experience in the staffing
industry and healthcare sector. Dynamic Founder of a high -growth company, renowned for achieving
unprecedented success. Results -driven leader with a passion for innovation and a track record of
exceeding budgetary goals. Proven ability to deliver best -practice results and manage budgets exceeding
$70 million. Adept at steering organizations to rapid expansion and market dominance. Experience in
sales and operational roles in private or publicly traded corporations ranging in size from $2 Million to $6
Billion.
PROFESSIONAL EXPERIENCE
Temporary Staffing Professionals November 2023 — Present
Specializing in supporting government agencies throughout Southern California by providing highly
qualified temporary professionals: Accounting/Finance, Administrative, Legal, IT and Human Resources
Founder& CFO
• Responsible for the company strategy, oversight of the operations and execution of growth plan.
SkillMil Inc. June 2022 - Present
Member Board of Directors
ArkMalibu
Sr. Advisor & Consultant
March 2022 - Present
TherapyTravelers (Sold to Epic Education Staffing) October 2014 — February 2021
Our mission is to attract, empower and retain the finest therapists. We do this so that every human can
manifest their full potential. Recognized by Forbes in 2070 as America's Best Temporary Staffing Firm.
Specializing in supporting school districts across the county staffing 1000's of long-term contracts.
Founder & President
• Responsible for management of day-to-day operations, and directing the operational functions of
the office to include development of performance goals, business plans, budgets, and forecasts
• Responsible for client business development strategy and oversight of coordination of therapy
resources for school districts across the country,
• Provide leadership and management of sales, recruitment and operational staff.
• Responsible for overall growth strategy for the company.
Protiviti/Robert Half International May 2011— May 2016
$6 Billion Publicly Held International Company — Leader in Staffing Industry
Vice President Fnterprise Solutions
• Leading the charge in the Healthcare industry for California, Arizona and Pacific North West for
Protiviti/Robert Halts Enterprise Solutions, I focus on the development and execution of business
consulting and project staffing engagements, leveraging the depth and breadth of RH's full suite
of staffing capabilities and Protiviti's consulting methodologies and thought leadership.
• Management of $15 million portfolio of project, staffing and consulting solutions within the
Healthcare industry.
• 2015 Chairman's Club - #1 World— Enterprise Solutions
• 2014 Chairman's Club —Collaboration Award
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Morguelan Energy Institute Sept 2002— May 2011
Privately held company presenting Wellness and Chinese Energy Programs
VP Operations - Senior Business Manager — Medical Practices
• Key role in the creation, development and implementation of the Institute and its mission in
partnership with the founder and leadership team.
• Management of business plan and growth from $500k to over $2 million operation.
• Managing all staff and leadership of 50+ members who perform all logistics and operations for
large workshops, trainings and consulting services.
• Responsible for all financial reporting and tax filings.
• Additional responsibilities include: practice management for a specialized medical office with
multiple locations handling best practices and oversight of daily operations.
• Individual technical coaching.
The David Lewis Company February 2001—July 2002
$7 Million, privately held, financial project consulting firm
Director
Member of a team of three responsible for regional start-up of consulting firm providing senior
level financial project resources in the areas of F, P & A, interim financial management, financial
system implementations and business process improvement.
Responsible for developing and executing sales strategies, creating advertising and collateral
development, contributing to a brand run -rate of $1.8 Million within the first 4 months of
operation.
Robert Half International Inc. February 1998 - February 2001
$3 Billion, publicly traded (NYSE) staffing firm specializing in temporary, full-time and project -based
support in the finance, information technology, legal, creative and administrative fields.
Branch Manager and Division Director
• Responsible for increasing market share and revenue for the Orange County territory through
strategic new business development, expansion of existing client relationships and
implementation of inter -divisional cross -sell strategies.
• Oversaw annual budgets of $3 to $20 million and successfully grew operations through proactive
recruitment, sales training, team building and new business development.
• Responsible for growing a newer office with two separate divisions, Accountemps and Officeteam
and launched a third division, Roberthalf.
• Launched RHI Management Resources and attained "Chairman's Club Leadership Awarded" for
top Division Director at annual "Reach for the Stars" recognition banquet for exceeding budget by
the highest percentage within the first two years of operation.
• Selected Southern California media spokesperson for RHI Management Resources. Averaged 4
print articles for the Financial Executives Institute monthly newsletters.
Accountants Overload January 1992 --- February 1998
$20 Million, privately held, regional staffing firm specializing in the temporary and full-time placement of
accounting and finance professionals
Senior Account Executive
• Managed all aspects of client development for North Orange County/Southeast Los Angeles
Branch with revenues more than $4 million dollars.
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• Consistently exceeded annual revenue projections.
• Responsible for the growth of new and existing client business through extensive cold calling,
networking, creative relationship management and focused territory management resulting in a
37.5% annual compounded growth rate over 5 years.
• Conducted monthly sales training and strategized with sales team to maximize target account
penetration.
EDUCATION
BA Interior Design, Interior Designers Institute, Newport Beach
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Cassidy Kruch
Rancho Santa Margarita, CA 4 cassidykrucli&gMail.com 1 (949) 436-0310
Professional Experience
Temporary Staffing Professionals I Orange, CA
Recruiting Specialist
January 2023 — Present
• Utilize various channels such as job boards, social media, networking, and referrals to identify
and attract top talent for contract, contract to hire, and direct hire positions.
• Engage with potential candidates, conduct initial screenings, and evaluate their qualifications and
fitness for specific roles.
• Conduct comprehensive interviews to assess candidates' skills, experience, and cultural fit.
Provide detailed feedback and recommendations to hiring managers.
• Guide candidates through the interview process, offering tips and best practices to ensure they
were well -prepared.
• Build and maintain strong relationships with candidates and clients to ensure a positive hiring
experience.
• Maintain accurate and up-to-date records in the applicant tracking system (ATS). Manage job
postings and ensure all compliance requirements are met.
• Work closely with hiring managers and other team members to understand staffing needs and
develop effective recruitment strategies.
The Intersect Group I Costa Mesa, CA
Recruiter I promoted to Recruiter 11, Finance & Accounting
July 2022 — January 2023
• Successfully recruited and placed a high volume of accounting and finance professionals in
various industries, including banking, government, healthcare, and retail.
• Conducted in-depth candidate assessments to evaluate technical skills, experience, and cultural
fit.
• Established and maintained relationships with hiring managers and executives to gain insight into
their specific hiring needs and provide them with a steady stream of highly qualified candidates.
• Utilized a variety of recruiting channels, including online job boards and applicant tracking
systems to build a robust candidate pipeline and ensure a diverse candidate pool.
• Coordinated and conducted interviews with candidates to ensure their suitability for open
positions and alignment with company culture.
• Negotiated and finalized salary and other terms and conditions, to secure the best possible
outcomes for both the candidate and the client.
Mentored junior recruiters to develop their skills and knowledge in the accounting and finance
recruiting field.
• Stay up to date on industry trends to improve efficiency and results.
Club Pilates I Bankers Hill, CA
Sales Associate
March 2021-May 2022
• Executed sales process of lead generation, follow up and close through lead tracking software.
• Converted leads to members to meet membership sales quotas and maintain acceptable level of
personal sales production.
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• Established strong relationships with current members to facilitate greater customer loyalty and
retention.
• Handled incoming customer service requests through email, phone, text, and online inquiries.
• Assisted new and existing clients with membership issues or other related studio concerns to
successfully meet their needs and maintain their positive relationship with Club Pilates.
Mission Viejo High School I Mission Viejo, CA
ASB Worker August 2019-March 2021
• Provided customer service and process credit card/cash/check transactions for sales to patrons at
student store.
• Organized and ran registration and check -in systems for ASB events.
• Prepared cash boxes and confirmed accuracy of cash reconciliation for various activities and
maintain accurate records for auditing purposes.
Education
San Diego State University December 2022
Bachelor of Science in Business Administration, Minor in Finance
Skills and Technolozy
• Microsoft Office Suite (Word, Outlook, • Various Recruiting Platforms: Linkedln
Excel, PowerPoint) Recruiter, Indeed, Zip Recruiter, Career
• Sales Force Builder
• Bullhorn ATS
• Club Ready
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EXHIBIT B
SCHEDULE OF BILLING RATES
Temporary Staffing Professionals Inc. Page B-1 14-36
Schedule of Billing
Position Hourly Bill Rate Range Mark Up
Category: Information Technology
Project Manager
$95.46
$135.19
63% - 74%
Software Engineer
$93.89
$134.27
63% - 74%
Desktop Support
Analyst
$49.29
$69.88
63% - 74%
Help Desk Manager
$76.78
$110.98
63% - 74%
Help Desk Specialist
$33.21
$49.79
63% - 74%
Network
Administrator
$74.89
$114,68
63% - 74%
Network Engineer
$93.89
$115.98
63% - 74%
Data Analyst
$60.29
$89.79
63% - 74%
Database
Administrator
$72.98
$109.87
63% - 74%
Reporting Analyst
$75.09
$110.89
63% - 74%
Category: Accounting, Finance,
Administrative, HR
Receptionist/
Concierge
$35.89
$39.87
63% - 74%
Fiscal Clerk
$37.75
$41.38
63% - 74%
HR Clerk
$39.98
$43.98
63% - 74%
Business Licensing
Clerk
$37.98
$41.89
63% - 74%
Administrative
Assistant
$42.89
$45.59
63% - 74%
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Schedule of Billing
Executive Assistant
$49.87
$61.27
63% - 74%
HR Coordinator
$43.78
$47.89
63% - 74%
HR Technician
$45.98
$51.49
63% - 74%
HR Specialist
$53.49
$69.77
63% - 74%
Treasury Clerk
$37.87
$41.98
63% - 74%
Accounting Clerk
$39.98
$44.28
63% - 74%
Billing Clerk
$38.09
$42.28
63% - 74%
Staff Accountant
$59.89
$66.57
63% - 74%
Senior Accountant
$67.27
$78.48
63% - 74%
AP 1 AR Specialist
$43.79
$50.78
63% - 74%
Accounting Manager
$87.98
$98.49
63% - 74%
Financial Analyst
$53.19
$74.28
63% - 74%
Payroll Administrator
$50.49
$69.98
63% - 74%
Other Costs:
• The cost table and scope of services encompasses a bill -rate range as well as a markup
range for the numerous positions we fill for The City of Newport Beach. Temporary Staffing
Professional's mark-up ranges from 63%-74%, which is determined by the inventory in the
market in addition to the complexity of the position. Therefore, if we were asked to place a
Fiscal Clerk at $23 hourly the bill -rate would be $37.95. This position would be priced at a
65% mark-up.
• Additionally, Temporary Staffing Professionals does not charge a conversion fee at any time
during the duration of the project. An example of our NO FEE CONVERSION POLICY is as
follows: if the City of Newport Beach decides to have our candidate apply for an open
recruitment and was selected for the position, there would be no conversion fee despite the
length of time they worked as a temporary employee. We understand that for an employee to
be hired on, they will have to pass their testing, panel interview, and meet the requirements
for the overall hiring criteria. An example would be if The City of Newport Beach had a
Temporary Staffing Professional candidate as a temporary employee for 3 weeks, they
applied to an open recruitment, were offered the position and accepted, there would be no
conversion fee. We make the process simple. The Temporary Staffing Professional candidate
would transition to the City of Newport Beach's payroll at no cost.
• Temporary Staffing Professionals provides 8 hours complimentary on the first day and
candidates will work a maximum of 40 hours per week, unless otherwise approved.
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of
the type and amounts described below and in a form satisfactory to City.
Consultant agrees to provide insurance in accordance with requirements set
forth here. If Consultant uses existing coverage to comply and that coverage
does not meet these requirements, Consultant agrees to amend, supplement or
endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach, its
City Council, boards and commissions, officers, agents, volunteers and
employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Temporary Staffing Professionals Inc. Page C-1 14-39
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
D. Professional Liability Errors & Omissions Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the City,
whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subro__ atq ion. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City of Newport Beach, its City Council, boards and commissions, officers,
agents, volunteers and employees shall be included as insureds under
such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
Temporary Staffing Professionals inc. Page C-2 14-40
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and
other endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this Agreement.
The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Consultant shall, within ten (10) days after receipt
of written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
Temporary Staffing Professionals Inc. Page C-3 14-41
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limitinq._Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Temporary Staffing Professionals inc. Page C-4 14-42
ATTACHMENT B
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH THE INTERSECT GROUP, LLC FOR
TEMPORARY STAFFING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of October, 2024 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and THE INTERSECT GROUP, LLC, a Georgia limited liability company
("Consultant"), whose address is 1 Glenlake Pkwy, Suite 800, Atlanta, GA 30328, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Temporary Staffing Services
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 8, 2027, unless terminated earlier as set forth herein. The City shall
have the option to renew this Agreement upon written notice to Consultant for up to two
(2) additional one (1) year terms, upon the same terms and conditions set forth herein,
with each additional term commencing upon the expiration of the immediately preceding
term.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
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2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) business days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including the initial term, all additional terms and all reimbursable items and
subconsultant fees, shall not exceed Five Hundred Thousand Dollars and 00/100
The Intersect Group, LLC Page 2
14-44
($500,000.00), without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only forthose costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kelly Haws to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Human Resources Department. City's
Human Resources Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
The Intersect Group, LLC Page 3
14-45
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
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14-46
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
The Intersect Group, LLC Page 5
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
The Intersect Group, LLC Page 6
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17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
The Intersect Group, LLC Page 7
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that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Human Resources Director
Human Resources Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Michael Snyder
The Intersect Group
1 Glenlake Pkwy, Suite 800
Atlanta, GA 30328
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
The Intersect Group, LLC Page 9
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
The Intersect Group, LLC Page 10
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28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
The Intersect Group, LLC Page 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1oA>Z1Z_ i
By:
arson C. Harp
Attorney At
ATTEST:
Date:
go
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: THE INTERSECT
GROUP, LLC, a Georgia limited liability
company
Date:
By:
Joseph Myers
Managing Member
Date:
By:
Michael Snyder
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
The Intersect Group, LLC Page 12
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EXHIBIT
SCOPE OF SERVICES
The Intersect Group Page A-1 14-55
SCOPE OF SERVICES
Consultant shall provide services as set forth below:
Consultant General Requirements.
• Provide a comprehensive catalog/list of clerical, office, accounting, other related
administrative support service and professional options to the City including price range
of positions, indicate mark ups, or additional fees.
• Consultant shall provide the resume(s) and contact information of qualified personnel
assigned to the Project.
Consultant shall ensure that the following criteria of each temporary worker are met prior
to the start of the assignment:
o Temporary worker shall complete a Live Scan form provided by City, schedule an
appointment with the Newport Beach Police Department and bring completed Live
Scan form to scheduled appointment. Complete Live Scan fingerprinting at the
Newport Beach Police Department and clear background.
o Temporary worker recommended for an assignment meet all essential job
function(s) and minimum qualification(s) for the various types of positions.
o Consultant conducts due diligence employment verification/references of the
temporary worker selected for an assignment.
o Verify that temporary worker is not a retired annuitant of the California Public
Employee' Retirement System (CalPERS).
o Consultant shall provide City with identification for temporary worker and shall
clearly indicate temporary worker's full name, photograph and department
assignment.
• Consultant shall not impose a temporary to permanent placement/conversion fee. It is not
applicable for temporary workers that are hired by City through the competitive recruitment
process, regardless of introduction or assignment by Consultant.
Scope of Administrator and Consultant.
• On an as -needed basis, City shall contact Consultant with temporary worker request
providing quantity, position type, department assignment, and any additional information
for the request.
• Consultant shall acknowledge request within one (1) business day and provide a status
update within two (2) business days from receipt.
• City shall provide Consultant with Live Scan form for temporary worker to fill out.
• Consultant shall notify the City if the Consultant is unable to fill the temporary worker
position. City reserves the right to cancel the request.
• City will communicate with Consultant on matters including but not limited to complaints
from customer departments on placement turn around issues and the quality of the
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SCOPE OF SERVICES
candidates. Administrator will communicate with Consultant if there is a lack of
responsiveness.
o Consultant shall acknowledge receipt of communication from City within two (2)
business days.
o Consultant shall provide City with an action plan to rectify any matters
communicated to Consultant within five (5) business days.
Scope of Consultant and Temporary Worker.
• The Consultant and temporary worker shall act as an independent Consultant and not an
employee, representative or agent of the City. Consultant expressly warrants that neither
Consultant nor any temporary worker shall represent themselves to be an employee,
representative or agent of the City.
• Consultant and temporary worker acknowledges that the assignment shall not exceed 960
hours in a fiscal year, from July 1-June 30. Switching and/or changing assignments do not
reset the 960-hour count. This cumulative total is for each temporary worker, including
work performed in all City departments and work performed with other temporary agencies
in a fiscal year. Consultant is responsible for tracking temporary personnel hours.
• Temporary worker is not eligible for alternative work schedules that exceed 8 hours per
day or 40 hours per week.
• Consultant shall notify temporary worker when/if the assignment has concluded when
notified by City and shall provide a replacement temporary worker if requested within a
reasonable timeframe communicated and approved by Project Manager.
Scope of Administrator and Temporary Worker:
Temporary worker shall schedule appointment with Newport Beach Police Department
and bring completed Live Scan form provided to Consultant with them to their
appointment at the Newport Beach Police Department.
• City reserves the right to end the assignment of the temporary worker at any time.
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Intersect
GROUP
THE INTERSECT GROUP LLC
600 Anton Blvd., Suite 850
Costa Mesa, CA 92626
RESPONSE FILE
CITY OF NEWPORT BEACH
HUMAN RESOURCES DEPARTMENT
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
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Contents
StatementofQualifications ................................................................................................................................. 3'4
Organizational Information .................................................................................................................................. S-G
Resumes.......................... ..................................................................................................................................... 7'17
DanTravis ....................................... ........................................................... .............. ............................................ 7-8
KellyHaws ................................................... r-------------------'---------'—'-9'18
AlexMnMenka.................................................................................................................................................... 12,12
Project Approach/Methodology ..................................................................... ............................................... 13-15
References/ Recent Project History ......................................... .......................................................................... 16
2
Statement of Qualifications
The Intersect Group is a staffing services company with a focus on technology, finance & accounting,
administrative, HR with offerings in project -based staffing, contract, contract -to -hire, direct placements,
and executive search. Our Company has over 100 recruiting professionals with extensive experience in
both recruiting and in the functional areas in which they serve. Along with IT, Accounting & Finance,
Administrative, and HR staffing experience. We are dedicated to securing the highest caliber of talent by
way of assessing every candidate's technical prowess, culture fit, soft skills, and validation of work history.
Our staffing strategy is driven by expertise. Specialized teams work together to find the best talent for
you and your organization. Our recruiting teams are equipped with the latest tools and technologies. This,
coupled with our proactive approach to recruiting, is how we are connected to today's top talent in
information technology, accounting & finance, administrative, and HR fields.
We leverage a variety of avenues to source highly sought-after talent. Our primary source is via
networking, referrals, client -approved consultants, and a robust internal database of talent. As a tenured
team, we have an extremely large referral network, and our recruiters are actively involved with well-
known industry groups such as regional sponsorship of the CEO -CFO Group, FEI, SEC Professionals, Tech
Council, and local tech events. This not only gives us insider knowledge and trends about what the IT,
finance, and accounting industries in our markets can expect in the future, but it also provides access to
top talent. Additionally, we make substantial investments in online advertising, SEO, and Google Analytics
to continually improve our inbound candidate flow. Our recruiters proactively source from Linkedln,
majorjob boards, and referrals.
The Intersect group has worked with multiple City and State/Government Entities, Nationwide. Our SoCal
team has worked with the following Southern California City Entities and have multiple temps at the
below government agencies. We communicate with them on a weekly basis through onsite visits or
virtual calls.
• City of Newport Beach
• City of Huntington Beach
• City of Fountain Valley
• City of El Segundo
• City of Lake Forest
• City of Laguna Beach
• City of Costa Mesa
• City of Los Alamitos
• City of Laguna Niguel
• City of Laguna Beach
• City of San Juan Capistrano
• City of Stanton
• City of Santa Ana
• City of Pico Rivera
• City of San Bernadino
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In addition to working with Government agencies, The Intersect Group has extensive experience and
relationships with large scale organizations such as:
• Home Depot
• 7-11
• Disney
• Kaiser
• Charter Communications
0 CVS Healthcare
• EY Global
• Hewitt Packard
Each market manages client needs from similar large public companies listed above, as well as smaller
businesses needing additional staffing to grow. Our company prides itself on building business
relationships and truly understanding the industries that our clients are focused in, offering additional
value through our expertise and expanded network.
The Intersect Group is driven to serve, with STEM Academic Scholarships, and frequent volunteering and
donation events across all offices, through our TIG Cares group.
Our company invests in our employees, as well with numerous supportive Committees such as a Wellness
Committee, Work Like a Mother Committees, Culture/ DEI, and LEAD, supporting the overall health, well-
being, culture, and success of each employee.
4
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Organizational Information
• Our firm is composed of 200+ employees
1. TIG has 7 different offices
■ Atlanta, GA
■ Dallas, TX
■ Denver, CO
■ Greenville, SC
■ Nashville, TN
■ Phoenix, AZ
■ Costa Mesa, CA
• TIG has been in business since 2006
• Organizational Chart
• CEO —Joe Meyers
• CFO — Michael Snyder
• HR Director— Erica Frost
• Regional VP West Coast — Adam Elliott
• Market Director SoCal- Dan Travis
• Account Manager- F & A- Kelly Haws
• Account Director IT - Alex Martenka
• Owners and Principal Parties
• CEO —Joe Meyers
• CFO — Michael Snyder
• HR Director — Erica Frost
• Regional VP West Coast — Adam Elliott
o Email: aelliot@theintersectgroup.com
o Phone:602-894-3172
• Market Director SoCal- Dan Travis
o Email: dtravis@theintersectgroup.com
o Phone:603-493-1910
• Account Manager F & A- Kelly Haws-
• Email: khaws@theintersectgroup.com
o Phone:760-269-9375
• Account Director IT - Alex Martenka
o Email: amartenka@theintersectgroup.com
o Phone:949-687-0426
2. Titles/position of staff
• Account Director — 60
• Senior Recruiters —100
• Corporate — 40
3. Administrative Office Support
• Our Costa Mesa office will have primary responsibility for this account.
i. Dan Travis, Kelly Haws, Alex Martenka, Ryan Carter, Cierra Robinson,
Andy Ruano, Irene Achmad, Adolfo Cruz and Stephanie Gustafsen
5
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4. Resumes- Please see Linkedln Profiles listed below for Full Work Experience and
Education
Dan Travis: https://www.linkedin.com/in/danielstravis/
i. Dan is the Market Leader, for our Southern CA team. He oversees both
of our F & A and IT teams, and has over 10 years of leadership
experience within the Staffing Space, primarily on the IT side, working
with large company experience. Dan has a B of Science and Marketing
from Quinnipiac University
Kelly Flaws: https://www.linkedin.com/in/kelly-haws-520224ab/
i. Kelly is the Account Manager for the Finance and Accounting Team, and
has worked in this industry for 10 years. She has a mixed background of
Healthcare, Special Education and Finance and Accounting recruiting and
Sales Management. Kelly has a BA from UC Riverside
Alex Martenka: https://www.linkedin.com/in/alex-martenka-09195369/
i. Alex is the IT Account Director and leads the team and office with his
sales and client strategies. He has been in an IT Sales position for over 10
years, including leadership roles. Alex has a BA from UC Irvine
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Dan Travis Resume
Market Director, Southern California
Huntington Beach, California, United States
Experience
The Intersect Group
Market Director, Southern California
August 2023 - Present (1 year)
Southern California
Market Director leading IT and Finance & Accounting business lines
Optimum Healthcare IT
VP, Business Development
November 2022 - May 2023 (7 months)
Huntington Beach, California, United States
Randstad Technologies US
Director of Sales, SVG I Tech Services
January 2022 - November 2022 (11 months)
Huntington Beach, California, United States
Managing Director
April 2018 - January 2022 (3 years 10 months)
El Segundo, CA
Strategic Account Manager
April 2014 - April 2018 (4 years 1 month)
Irvine, CA
Modis
Business Development Manager
7
14-64
August 2012 - April 2014 (1 year 9 months)
Randstad Technologies US
1 year 6 months
Account Manager
February 2012 -August 2012 (7 months)
Technical Recruiter
March 2011- February 2012 (1 year)
Assurance Technology Corporation
Material Control Specialist
June 2009 - March 2011(1 year 10 months)
Education
Quinnipiac University
Bachelor of Science, Marketing • (2006 - 2008)
Deerfield Academy
• (2001- 2003)
8
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Kelly Haws Resume
Experienced Recruiter, Business Development, Account Manager and Director of Operations
Long Beach, California, United States
Experience
The Intersect Group
Account Manager, Accounting and Finance
January 2024 - Present (7 months)
Costa Mesa, California, United States
Connecting Great People with Great Companies.
From Accounting Operations to C-Level Executives, our handpicked
professionals bring unmatched financial acumen and precision to drive your
company's success. We deliver tailored staffing strategies and elevate your
financial operations to new heights with our trusted and specialized finance
and accounting services.
Epic Special Education Staffing (formerly known as TherapyTravelers)
Regional Recruitment: OR and WA
August 2023 - January 2024 (6 months)
Career5taff Rx
National Business Development Manager
May 2018 - January 2024 (5 years 9 months)
Market Manager
March 2016 - January 2024 (7 years 11 months)
Torrance, CA
1
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Staffing Manager
July 2015 - January 2024 (8 years 7 months)
Torrance, Ca
Recruitment Specialist
November 2014 - January 2024 (9 years 3 months)
Torrance, Ca
Rite Aid Pharmacy
Phamacy Technican, District Trainer
January 2008 - November 2014 (6 years 11 months)
Greater Los Angeles Area
Education
San Gorgonio High School
Diploma, Highest Honors
University of California, Riverside
Bachelor of Arts (B.A.), Art History
10
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Alex Martenka Resume
Business Development I Account Management
Los Angeles, California, United States
Experience
The Intersect Group
Account Director
July 2022 - Present (2 years 1 month)
Southern California
Vincent Benjamin merged with The Intersect Group in July 2022
Vincent Beniamin
Practice Director
April 2019 - July 2022 (3 years 4 months)
Greater Los Angeles Area
Vincent Benjamin merged with The Intersect Group in July 2022
Business Development Manager
August 2018 - April 2019 (9 months)
Greater Los Angeles Area
Randstad Technologies USA
Sales Director
June 2018 - August 2018 (3 months)
Greater Los Angeles Area
Account Manager
September 2015 - June 2018 (2 years 10 months)
Greater Los Angeles Area
11
Belkin International
Business Development Representative
November 2014 -September 2015 (11 months)
Playa Vista, CA
Sales Operations Representative
November 2013 - November 2014 (1 year 1 month)
Playa Vista, California
Education
University of California, Irvine
Bachelor of Arts (B.A.), Psychology
12
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Proiect Approach/Methodology
1. Type of Staffing Services
a. The Intersect Group is a staffing services company with a focus on technology, finance &
accounting, administrative, HR with offerings in project -based staffing, contract, contract -
to -hire, direct placements, and executive search.
Methods to sourcing top talent
We leverage a variety of avenues to source highly sought-after talent. Our primary source
is via networking, referrals, client -approved consultants, and a robust internal database
of talent. As a tenured team, we have an extremely large referral network, and our
recruiters are actively involved with well-known industry groups such as regional
sponsorship of the CEO -CFO Group, FEI, SEC Professionals, Tech Council, and local tech
events. This not only gives us insider knowledge and trends about what the IT, finance,
and accounting industries in our markets can expect in the future, but it also provides
access to top talent. Additionally, we make substantial investments in online advertising,
SEO, and Google Analytics to continually improve our inbound candidate flow. Our
recruiters proactively source from Linkedln, major job boards, and referrals.
3. Talent Pool
a. Our talent pool consists of 2,000+ candidates.
b. We have 7 other offices throughout the United States that we use for additional
resources.
4. Misses/ Unsuccessful Placements
a. TIG operates with a sense of urgency to solidify a replacement in a timely manner. In
addition, if the candidate does not maintain the expected hard/soft skills we are more
than willing to provide our client 8 hours complementary on the first day of service.
S. Hiring Timeline
a. Depending on the position it could be anywhere from immediately using our working
interview approach (with 8 hours complimentary) up to 1 week. This is all relative to how
quickly the hiring manager communicates their needs and sets timely interviews with
feedback. If it is a more difficult role to fill and more process driven, it could take up to 2
weeks. We work with a sense of urgency, but all depends on our client's process.
6. Guarantees
a. TIG provides an 8-hour complimentary working interview or 8 hours of credit should the
candidate not be the appropriate fit for the department.
7. Employee Support
a. Our candidates are provided with a dedicated recruiter to answer any questions,
concerns, or accolades regarding the assignment. In addition, we offer a full array of
medical benefits as they have the option to participate in as contractors.
8. Retention
a. For larger projects we provide a retention bonus. A variety of our retention is being in
constant communication with the candidate regarding their job search and their interest
level in their current assignment. TIG highlights the positive and accentuate the pros that
surround applying for open recruitment, pension/benefit opportunities, and movement
within different departments throughout the organization.
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9. Follow-up and communication process
a. TIG provides weekly follow-up calls and sets the parameters with the client as to the
frequency they would like follow-up. There is constant communication via phone, email,
and text base on the preference of the candidate and client. In addition, with invitation,
we do in person visits.
10. Diversity and Inclusion
a. We are committed and focused on creating and fostering an environment where every
colleague is seen, heard, understood, and valued. We cultivate a workplace where
consciously unbiased behaviors are the norm, specifically when it comes to hiring,
compensation, promotion, and community relations.
TIG created seven D&I teams specifically focused on:
• Internal Hiring & Reporting
• External Hiring & Reporting
• Business Resource Groups
• D&I Training, Education, Policy
• Career Pathing & Advancement
• Community
• Messaging & Culture
11. Internal HR Team Value
a. TIG does an extensive screening in our interview process that includes testing, reference
checks, as well as thorough a write-up involving the candidate's skill set. Constant
communication via email and phone with a sense of urgency when HR has an immediate
need.
12. Quality assurance during implementation.
a. The measures we have in place during implementation revolve around thorough
onboarding, meeting livescan expectations, and assuring the candidates are not already
part of CalPERS. Upon presenting candidates, you will be provided a write up of the
candidate as well as an 8 hour guarantee should the candidate not work out.
b. TIG is in constant communication with our legal counsel with regards to up-to-date
federal regulations. Those regulations are communicated to our clients depending on
the requirements of each specific client or government entity.
c. communicated to employees and candidates with regards to federal and state
regulations.)
13. Incident management processes.
a. TIG takes a full investigation from our candidate and client (if necessary). We then turn
this information over to HR so they can facilitate a detailed investigation.
Administration
14. Contractor Pay Schedule
a. All contract employees are paid on a weekly basis
15. Time Cards/ Hour reporting:
a. Candidate would enter their time in a portal. That will then go to the City for approval.
16. Payroll Deadline
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a. Tuesday and 12:OOPM
17. Notification of Absences
a. A representative from TIG would reach out via email or phone regarding any absences.
18. Contractors Applying to Internal City Openings
a. We highly encourage all qualified candidates to apply to the open requisitions opened by
the city.
b. There is a no fee conversion when a contract employee is hired by the city directly.
19. Firm Reporting
a. TIG tracks candidate hours in a spreadsheet which can be sent to HR on a weekly basis so
they do not exceed the CaIPERS 1,000 hour rule.
20. Pay Rate Determination
a. We strongly work within the budgets of the city but take into consideration of market
conditions and skillsets required.
21. Administrative Office Support
a. Our Costa Mesa office will have primary responsibility for this account.
i. Kelly Haws, Alex Martenka, Ryan Carter, Cierra Robinson, Andy Ruano, Irene
Achmad, Adolfo Cruz and Stephanie Gustafsen
22. What is your firm's experience conducting the services requested? Describe comparable
projects performed by your firm in the last five years, including the number of projects, scope of
service, and status of projects.
a. We currently work with 20+ cities in filling positions in the IT, Administrative, HR, and
Accounting & Finance field. These projects and scope of services are ongoing.
Statement of Services
We are well versed in placing multiple candidates in the arena of IT, Accounting & Finance, HR, and
administrative roles. What differentiates us is that we have many relationships with the government
sector and have placed several candidates in a variety of departments.
Method of Services
After Posting Job opportunities, and sourcing through our talent pool, our recruiters meet each
prospective candidate for a structured interview with questions customized to our client's technical and
cultural requirements. Our team calls on references and leverage multiple third -party testing tools to
assess proficiency levels for quantifiable skill sets where applicable. If the prospective candidate is
considered viable for your open position, the candidate will be further screened by our dedicated account
manager prior to being presented to you. Our team of recruiters conduct daily meetings to ensure the
appropriate level of attention and coverage is given to all requisitions to ensure we meet our client's
timeline.
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EXHIBIT B
SCHEDULE OF BILLING RATES
The Intersect Group Page B-1 14-73
Schedule of Billing
Category: Information Technology
Position
Hourly Bill Rate Range
Mark Up
Project Manager
$93.46
$132.28
70-80%
Software Engineer
$91.44
$131.15
70-80%
Desktop Support
Analyst
$47.76
$67.54
70-80%
Help Desk Manager
$73.42
$106.85
70-80%
Help Desk Specialist
$31.98
$45.07
70-80%
Network Administrator
$72.87
$110.67
70-80%
Network Engineer
$90.64
$113.84
70-80%
Data Analyst
$58.49
$85.79
70-80%
Database
Administrator
$70.36
$106.78
70-80%
Reporting Analyst
$73.18
$108.69
70-80%
Category: Accounting, Finance, Administrative, HR
Position
Hourly Bill Rate Range
Mark Up
Receptionist)
Concierge
$35.89
$40.76
70-80 °!°
Fiscal Clerk
$41.28
$46.24
70-80%
HR Clerk
$40.88
$45.67
70-80%
Business Licensing
Clerk
$41.28
$46.24
70-80%
Administrative
Assistant
$36.30
$44.98
70-80%
Executive Assistant
$46.89
$66.24
70-80%
HR Coordinator
$40.88
$45.67
70-80%
HR Technician
$40.88
$45.67
70-80%
HR Specialist
$61.39
$69.98
70-80%
14-74
Schedule of Billing
Treasury Clerk
$42.57
$59.58
70-80%
Accounting Clerk
$41.28
$46.24
70-80%
Billing Clerk
$41.28
$46.24
70-80%
Staff Accountant
$51.56
$59.78
70-80%
Senior Accountant
$63.46
$71.57
70-80%
AP / AR Specialist
$42.57
$59.58
70-80%
Accounting Manager
$64.33
$67.79
70-80%
Financial Analyst
$57.78
$64.39
70-80%
Payroll Administrator
$41.29
$47.88
70-80%
Other Costs: Consultant will not require any specific pricing or additional costs outside of the billable
rate set forth in this schedule. Consultant remains close with its active consultants on billing and monitor
how each project is going. Consultant will provide updates to the hiring managers on feedback received
and ask the same from the manager on the performance of the consultant. In the event of changes in
market rates for services, the parties may negotiate in good faith to amend the rates in this schedule via
a written amendment to this Agreement, which shall be subject to the approval of City.
Additional Rates for Positions Not Listed:
Category: information Technology
Position
Hourly Bill Rate Range
Mark Up
Project Manager -
$93.46
$132.28
70-80
Consultant
Project Manager -
$88.95
$127.17
70-80
Development
Project Manager -
$90.89
$127.64
70-80
Systems
Project Manager -
$85.94
$124.93
70-80
Technical
Software Architect
$103.48
$147.96
70-80 %
Help Desk Specialist
$31 98
$45.07
70-80 %
Tier 1
14-75
Schedule of Billing
Help Desk Specialist
$35.87
$51.14
70-80 %
Tier 2
Help Desk Specialist
$45.89
$64.97
°
70-80/o
Tier 3
Applications
Development
$105.69
$148.56
70-80 %
Manager
Business Systems
$79.98
$117.20
70-80 %
Analyst
Director, Project
$108.36
$155.54
70-80 %
Manager
E-Commerce/Web
$75.07
$109.79
70-80
Developer
Front End Developer
$57.11
$85.16
70-80 %
Lead Application's
$94.72
$138.65
70-80 %
Development
Product Manager
$98.77
$140.62
70-80 %
Technical Writer
$51.83
$83.14
70-80 %
Web Designer
$64.29
$97.88
70-80 %
Network
Infrastructure
$103.22
$149.86
70-80 %
Manager
PC Technician
$30.28
$43.19
70-80 %
System Engineer
$79.93
$113.29
70-80 %
Systems
$62.09
$89.44
°
70-80/o
Administrator
Database Developer
$91.27
$129.78
70-80 %
Database Manager
$100.88
$141.77
70-80 %
Senior IT Auditor
$100.11
$142.62
70-80 %
14-76
Schedule of Billing
Data Security Analyst
$95.43
$135.76
70-80 %
Dev Ops Engineer
$101.78
$151.43
70-80 %
Information Security
$104.88
$152.73
70-80 %
Manager
Network Security
$90.12
$128.55
o
70-$0/o
Engineer
Quality Assurance
$61.35
$82.98
o
70-80/o
Analyst
Quality Assurance
$63.39
$91.07
70-80 %
Engineer
Quality Assurance
$74.14
$105.89
70-80 %
Manager
Systems Security
$85.97
$123.72
70-80 %
Administrator
Category: Accounting, Finance, Administrative, HR
Position
Houdy Bill Rate Range
Mark Up
AP/AR Specialist
$42.57
$59.58
70-80 %
Junior Staff
$44.29
$47.98
70-80 %
Accountant
Payroll
Supervisor/Manager
$44.19
$50.42
70-80 %
Senior Financial
$64.33
$67.79
70-80 %
Analyst
Data Entry
$33.44
$37.95
70-80 %
File Clerk
$32.95
$36.12
70-80 %
Front Desk
Coordinator
$36.98
$41.79
70-80 %
14-77
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of
the type and amounts described below and in a form satisfactory to City.
Consultant agrees to provide insurance in accordance with requirements set
forth here. If Consultant uses existing coverage to comply and that coverage
does not meet these requirements, Consultant agrees to amend, supplement or
endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
its City Council, boards and commissions, officers, agents, volunteers
and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
The Intersect Group Page C-1 14-78
($1,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the City,
whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees shall be included as insureds
under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
The Intersect Group Page C-2 14-79
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad
as CG 20 38 04 13.
The Intersect Group Page C-3 14-80
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution
of the Work.
The Intersect Group Page C-4 14-81