HomeMy WebLinkAbout13 - Approve On-Call M/RSA for On-Call Temporary Laborer Services (C-8479-3)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 24, 2025
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Salazar, Streets and Beaches Superintendent - 949-718-3460,
jsalazar@newportbeachca.gov
TITLE: Approve On -Call Maintenance/Repair Services Agreement with
Cathyjon Enterprises, Inc., dba HB Staffing for On -Call Temporary
Laborer Services (C-8479-3)
ABSTRACT:
The Public Works Department conducted a formal request for proposals (RFP) process
for temporary labor services to assist primarily with basic cleaning and maintenance
during the peak summer season. Based upon the results, staff recommends awarding a
five-year agreement to Cathyjon Enterprises, Inc., dba HB Staffing (HB Staffing), with a
not -to -exceed (NTE) amount of $500,000.
RECOMMENDATIONS:
a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Maintenance and Repair Services Agreement with Cathyjon Enterprises,
Inc., dba HB Staffing, for On -Call Temporary Laborer Services for a five-year term and
not -to -exceed amount of $500,000 and authorize the Mayor and City Clerk to execute
the agreement.
DISCUSSION:
The Public Works Department conducted an RFP process for on -call temporary labor
services, primarily to supplement City of Newport Beach part-time staff performing basic
cleaning and maintenance during the peak summer season and to meet increased
service demands. Based on the proposals received, staff recommends awarding a five-
year agreement to HB Staffing, with a NTE of $500,000. This provides for approximately
3,275 hours of staffing annually, or around 6 individuals working full time over the 4 peak
months of the summer season.
Staff issued RFP 25-30 through the PlanetBids website on March 18, 2025, and received
five proposals by the April 8, 2025, due date.
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Approve On -Call Maintenance/Repair Services Agreement with Cathyjon Enterprises,
Inc., dba HB Staffing for On -Call Temporary Laborer Services (C-8974-3)
June 24, 2025
Page 2
Three staff members independently evaluated the proposers' technical scores based on
qualifications and relevant experience, and all five proposals received the 70% minimum
score necessary to qualify for cost proposal review. HB Staffing received the highest
aggregate score, including the best cost score, with the table below showing average
scores.
Technical
Cost Score
Total Score
Overall
Proposer
Score
(40 Maximum)
(100 Maximum)
Rank
60 Maximum
HB Staffing
55.00
39.88
94.88
1
LA Business
55.00
34.93
89.93
2
Personnel, Inc.
One Source Staffing
Solutions Inc., dba
43.33
38.39
81.72
3
ShareSTAFF
Techlink Systems,
45.00
34.08
79.08
4
Inc.
Beatty's Services,
50.00
21.09
71.09
5
Inc.
HB Staffing is experienced and has previously provided quality services in this capacity
to the City of Newport Beach and has positive references from other agencies. Along with
assisting the Public Works Streets and Beach units, these services may also occasionally
be used by the Public Works Parks unit and the Utilities Department.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. It will be expensed to the
Public Works and/or Utilities Department Maintenance and Operations accounts as
needed to provide for temporary staffing labor.
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).
ATTACHMENT:
Attachment A — Maintenance and Repair Agreement
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ATTACHMENT A
ON -CALL MAINTENANCEIREPAIR SERVICES AGREEMENT
WITH CATHYJON ENTERPRISES, INC. DBA HB STAFFING FOR
ON -CALL TEMPORARY LABORER SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 24th day of June, 2025 ("Effective
Date"), , by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and CathyJon Enterprises, Inc., a California
corporation doing business as ("DBA") HB Staffing ("Contractor"), whose address is 7711
Center Ave Suite 670, Huntington Beach, CA 92647, 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 cant' 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 Contractor to perform on -call temporary laborer services
for City ("Project"). ;
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the janitorial services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified 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 June 23, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor 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,
Contractor 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:
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;
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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, Contractor 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 Contractor 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
Contractor 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, Contractor shall not be responsible for
delays due to causes beyond Contractor'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) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) 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 Contractor's control.
3.4 For ail time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor 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. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Five Hundred Thousand Dollars and 001100
($500,000.00), without prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B (`Billing Rates") may
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
CathyJon Enterprises, Inc. DBA HB Staffing Page 2. 13-4
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price' Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less. Contractor shall notify City in writing of any requests for adjustment
pursuant to this Section at least thirty (30) days prior to the Effective Date of such
adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in
writing by City prior to use.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee 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 Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor 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.
4.5 Contractor 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 Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor 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. Contractor has designated Megan Ignacio to be its
Project Manager. Contractor 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.
CathyJon Enterprises, Inc. DBA HB Staffing Page 3
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5.2 Contractor, 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.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, 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 Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the 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,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor 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 Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor 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 Contractor's Work promptly, or delay orfaulty performance by City,
contractors, or governmental agencies.
CathyJon Enterprises, Inc. DBA HB Staffing Page 4
13-6
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor 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 Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, 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).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor 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 Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
CathyJon Enterprises, Inc. DBA HB Staffing Page 5
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9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, 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 Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor 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 Contractor on the Project.
12. CITY POLICY
Contractor 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
Contractor 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.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor 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. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered "public work",
pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
CathyJon Enterprises, Inc. DBA HB Staffing Page 6
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of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her
to comply with all State of California labor laws, rules and regulations and the parties
agree that the City shall not be liable for any violation thereof. In such event, unless
otherwise exempt by law, Contractor warrants that no contractor or subcontractor was
listed on the bid proposal for the Services that it is not currently registered and qualified
to perform public work. Contractor further warrants that it is currently registered and
qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any
successor statute thereto and that no contractor or subcontractor will engage in the
performance of the Services unless currently registered and qualified to perform public
work.
16. 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 Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. 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.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor 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.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
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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 Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19. 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.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor 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 Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor 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 Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor 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. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return 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. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor 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.
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23.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
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. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1 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.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Megan Ignacio
CathyJon Enterprises, Inc. DBA HB Staffing
2093 Philadelphia Pike #5334
Claymont, DE 19703
25. CLAIMS
25.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor'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 Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
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conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 1 n the event that either party falls 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.
26.2 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 Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination forwhich
Contractor has not been previously paid. On the effective date of termination, Contractor
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.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Contractor shall comply with all applicable provisions of the California Labor
Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-1065).
27.3 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
. 1 27.4 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.5 To the fullest extent permitted by law, Contractor shall- indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
CathyJon Enterprises, Inc. DBA HB Staffing Page 10 13-12
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor 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 Contractor 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 Contractor 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. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
Cathyjon Enterprises, Inc. DBA HB Staffing Page 11
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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.
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]
CathyJon Enterprises, Inc. DBA HB Staffing Page 12
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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:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: , By:
Aar n C. Harp 5 go.zi Joe Stapleton
City Attorney Mayor
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CONTRACTOR: CathyJon
Enterprises, Inc. DBA HB Staffing, a
California corporation
Date:
By:
Jonathan Davis
General Counsel
Date:
By:
Andrew Rankin
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C -- Insurance Requirements
CathyJon Enterprises, Inc. DBA HB Staffing Page 13
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EXHIBIT
SCOPE OF SERVICES
CathyJon Enterprises, Inc. DBA HB Staffing Page A-1
13-16
Exhibit A SCOPE OF SERVICES
Objective:
Contractor shall provide on -call temporary laborer services, under the direction of the Public
Works Department, which shall identify specific tasks, deliverables, and deadlines on an as -
needed basis.
Description of Project:
Contractor shall provide temporary labor services "as needed" throughout the City during the
"Summer Schedule," as defined herein, and any other limited periods of time throughout the year.
The Summer Schedule and these other limited time periods represent times when there is an
irregular and unusually high demand for temporary assistance. Please note that each temporary
laborer may not work more than 960 hours per fiscal year.
Minimum Qualifications:
• Minimum five (5) years of experience in providing temporary labor services.
• Work experience with government agencies is preferred.
• Not have any pending disciplinary proceedings or investigations by the Contractors State
License Board.
• Currently (as of the date of proposal opening) or within the past five years, not have any
suspensions, disbarments, or similar proceedings (including stipulated agreements),
restricting, limiting or prohibiting proposer from proposing or performing public works
projects for any other public agency.
• Meet the insurance requirements detailed in this RFP document, please see Draft
Agreement.
Note that any unsatisfactory references or unsatisfactory work performance with the City
may eliminate the proposer from further consideration.
Proposers who do not meet the Minimum Qualifications may be disqualified.
Description:
Service Proposal Requirements
When the need for service arises, the Contractor shall provide a written proposal, including:
• A detailed description of the services to be provided.
• The position of each person assigned to perform the services.
• The estimated number of hours and cost (including parts and material) to complete the
services.
• The time needed to complete the specific project.
No services shall commence until the project manager has provided written acceptance of the
proposal. Once authorized, the Contractor shall diligently perform the repair services in
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SCOPE OF SERVICES
compliance with the contract terms. Should the proposal terms vary, the agreement terms will
supersede.
Locations Covered
Citywide
Invoicing
All invoices for on -call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Contracted labor rate
• Name(s) and title of laborer(s)
Invoices shall be submitted monthly. Labor rates shall be charged at the standard labor rate
specified in the Cost File.
Holiday Working Hours
• Holidays shall be based on the list of City Approved Holidays, and are listed below:
o New Year's Day
o Birthday of Martin Luther King, Jr.
o Washington's Birthday
a Memorial Day
o Independence Day
* Labor Day
o Veterans Day
c Thanksgiving Day
c.) Christmas Day
On -Call Services to be Provided
Laborer Services
• Services performed by the temporary laborer(s) may include:
Custodial/janitorial duties including:
• Cleaning up refuse, litter and debris from parks, beaches, streets,
ditches, streets, alleys, walkways, parking lots, piers,
• Moving or removing sand from beaches, streets and sidewalks
13-18
SCOPE OF SERVICES
■ Shoveling sand, rock, dirt, asphalt, concrete and other debris from
fire rings on the beach
■ Pressure washing, loading, unloading, and emptying trash cans
o Perform routine landscape maintenance including mowing, watering, pruning,
trimming, weeding, spraying, occasional planting, and janitorial work incidental to
such landscape maintenance
o Operate basic power tools and small equipment to perform the duties listed above,
including, but not limited to power washer, air compressors, paint sprayers, weed
whips and blowers, and other similar equipment; and
o Utilize proper safety procedures and precautions related to all work performed; and
o Regularly and predictably attend work.
Physical Requirements and Environmental Working Conditions
• Work is performed in a variety of environmental conditions, with exposure to outdoor
temperatures and inclement weather; equipment noise, equipment vibrations, vehicle
and/or chemical fumes, chemicals such as cleaning solvents and grease, machinery and
their moving parts, dust and water/moisture. Work may be performed in a confined
space. Work duties require the ability to stand or walk on sand and/or hard surfaces for
frequent and prolonged periods of time. Additional physical demands require frequent
bending, stooping, reaching, and safe lifting, carrying and/or moving of moderately
heavy objects, up to 50 pounds in weight.
Transportation option
• The City may choose to require temporary laborers to provide for transportation to
various job sites. This is not standard and shall be priced separately based on the
table in the cost file for the RFP.
LABORER REQUIREMENTS
o Temporary laborers must be able to:
• Communicate effectively in English (both orally and in writing);
• Follow directions from a supervisor or crew leader
• Lift up to fifty (50) pounds
• Appear to work on time
• Follow all standard City guidelines and policies
• Pass fingerprinting and background screening by the City
• Always maintain good public relations with the public
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SCOPE OF SERVICES
• Work outdoors in the sun and in public areas and work/walk on sand, grassy
parks, public rights -of -way, streets, and walkways; and
• Wear City -issued shirts while performing the services described herein.
SUMMER SCHEDULE
Temporary laborers will be required to perform unskilled and semi -skilled work during the
"Summer Schedule" and limited time periods set forth herein.
Summer Schedule will begin no earlier than May 1st and will end no later than September
30th, with start and end dates varying. Typically, this Summer Schedule will begin one week
prior to Memorial Day weekend and end one week after Labor Day weekend, including all
holidays.
Monday and Friday, 5:00 a.m. — 1:30 p.m. (Laborers will have Tuesday, Wednesday, or
Thursday off.)
o Saturday — Sunday and Holidays, 5:00 a.m. — 9:00 a.m. (Mandatory working days for all
temporary laborers.)
Holidays shall be the public holidays established by the federal government for federal
employees and shall include:
■ Memorial Day
■ Independence Day
■ Labor Day
AS -NEEDED SCHEDULE
o City may request additional laborer(s) on an as -needed basis outside of the specific Summer
Schedule if the Project Administrator determines that there is an irregular and unusually
high demand for temporary assistance needed
c For these time periods outside the Summer Schedule, City shall provide Contractor with an
estimated schedule and scope of work, which may include working hours as early as 5a.m.
and as late at 8 p.m. and up to an estimated forty (40) hours per week; and
o Contractor shall provide the requested number of laborer(s) for the period(s) requested by
the Project Administrator.
Service calls will be initiated by City staff, with no guarantee or implication of any specific
quantity of work during the contract term.
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ri
City of Newport Beach
RFP 25-30
On -Call Temporary Laborer Services
Response File
PREPARED BY CATHYJON ENTERPRISES, INC. DBA HB STAFFING
Due Date: April 8, 2025, by 2:00 pm PST
SUBMITTED BY:
Megan Ignacio, General Manager
7711 Center Ave, Suite 670, Huntington Beach, CA 92647
Email: mignacio@hbstaffing.com • Direct Number: (657) 660-4116
Fax: (650) 241-1385 - Office Number: (714) 960-2800
BIDDER/PROPOSER INFORMATION FORM
BIDDER/PROPOSER CONTACT INFORMATION
Bidder/Proposer Firm Name: CathyJon Enterprises, Inc. DBA HB Staffing
Address for Notices: 7711 Center Ave, Suite 670
City: Huntington Beach State: CA ZIP Code: 92647
Main Contact Name and Title: Megan Ignacio, General Manager
Email: mignacio@hbstaffing.com
Telephone: (657) 660-4116 Fax: (650) 241-1385
BIDDER/PROPOSER SIGNATURE AUTHORIZATION AND CERTIFICATION
Per the California Corporate Code, Business and Processions Code, the Bidder's/
Proposer's Bylaws/Operating Agreement and/or the attached Board Resolutions (if applicable),
I/we hereby verity that I/we am/are (an) authorized signatory(ies) for the aforementioned
Bidder/Proposer and as such am/are authorized to sign and bind the Bidder/Proposer to contract
with the City of Newport Beach.
(1) Signature
(1 ) Print Name: Jonathan Davis
(2) Signature: _
(2) Print Name: Megan Ignacio
Date: 4/8/2025
Title: Vice President & General Counsel
Date: 418/2025
Title: General Manager
BIDDER/PROPOSER AUTHORITY IS PROVIDED IN ACCORDANCE WITH:
❑ Bidder/Proposer's Bylaws/Operating Agreement Section: Copy Attached
Board Resolution Copy Attached
0 Corporate or Business Professions Code *`
** If Bidder/Proposer is a corporation, two (2) authorized signatures will be required on all
documents submitted, unless specified in the organization's Bylaws or corporate resolution.
IMPORTANT NOTE: If the signature authorization status of any individual changes during the term
of the contract, it is the responsibility of the Bidder/Proposer to contact the RFP Administrator
regarding the change and to complete and submit a new Bidder/Proposer Information Form.
Incorrect information on file may delay the processing of any of the documents submitted.
2
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Table of Contents
Bidder/Proposer Information Form
Table of Contents
Minimum Qualifications
Qualifications and Experience of the Firm
Qualifications
Experience
Orange County Public Agency Contracts
Key Personnel
References 1 Recent Project History
Performance of Requested Services
Work Plan
Recruitment
Interviewing and Qualifying
Onboarding
Ongoing Quality Assurance
Response Timeline
Operations Compliance
Key Project Deliverables Timeline
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3
4
5
6
6
7
8
11
12
12
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Minimum Qualifications
Minimum five (5) years of experience in providing temporary labor services.
HB Staffing has provided temporary labor services for twenty-five (25) years.
Work experience with government agencies is preferred.
We have over 50 active public agency contracts: our first contract was with the County of Orange in 2011.
Not have any pending disciplinary proceedings or investigations by the Contractors State License
Board.
We do not have any pending disciplinary proceedings or investigations by the Contractors State License
Board.
Currently (as of the date of proposal opening) or within the past five years, not have any
suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting,
limiting or prohibiting proposer from proposing or performing public works projects for any other
public agency.
HB Staffing does not have any suspensions. disbarments, or similar proceedings (including stipulated
agreements), restricting, limiting or prohibiting proposer from proposing or performing public works
projects for any other public agency.
Meet the insurance requirements detailed in this RFP document, please see Draft Agreement.
Our insurance meets the minimum requirements.
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Qualifications and Experience of the Firm
A statement shall summarize key elements of the proposal and highlight your firm's qualifications as they
relate to this project and these services requested. Identify key personnel that would be assigned to this
Project including the City's primary point(s) of contact for service requests. The Statement of Qualifications
should demonstrate to the City that you possess the experience and qualifications to provide the services
requested.
HB Staffing has been providing temporary staffing for 25 years: over the past 14 years, our exce{lent
reputation in servicing public agency clients has enabled us to win dozens of new contracts throughout
the United States. Our public agency contracts now account for over 70% of our business. The needs of
each agency are unique, and we have the flexibility and depth of knowledge to respond accordingly. We
bring in the experienced staff necessary to ensure that each client relationship receives maximum
support. We take great pride in our high re -award rate, we were honored to be awarded a contract with
the City of Newport Beach in 2017 and re -awarded in 2020.
Our proposal shall summarize the following key elements:
1. Depth of Public Agency Staffing Experience — We highlight the dozens of public agencies we
serve, with a strong emphasis in Southern California. The references we have provided can attest to
our success in filling roles similar to those needed by the City. Our experience underscores our ability
to appropriately address each requirement within the Scope of Work.
2, Staffing Process — We provide an in-depth description of our recruiting, screening, interviewing,
and background checking procedures that assist us in presenting candidates to the City who can hit
the ground running on Day 1. Our processes, as well as our demonstrated success in filling
mission -critical roles for our public agency clients, underscore our commitment to placing qualified
candidates in the time frame required by individual clients.
3. Quality Assurance Approach --- We describe how we shall address varying situations proactively to
ensure seamless service to the City and the key ways we maintain communication with City
stakeholders.
4. Team Qualifications — We discuss the outstanding qualifications of our team and the specific ways
key personnel will assist the City.
5. Operational/Compliance Capabilities — We describe the back office technology we have in place
to provide necessary invoicing and reporting to the City. We ensure compliance with City
requirements and procedures.
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Qualifications
HB Staffing is a public agency specialist. We currently have contracts with nearly 50 public
agencies, including fourteen (14) cities. HB Staffing is headquartered in Huntington Beach and has
multiple public agency and commercial clients in and around Orange County. We have built a large, local
pool of 20,000+ qualified employees available to fill roles for the City on short notice.
Our public agency experience includes, but is not limited to
• Working with centralized and decentralized agencies;
• Assisting clients in ensuring that temporary employee assignment limits are followed,
• Adhering to hiring rules related to former employees and/or public pension participants.
• Working with dozens of departments within a single agency,
• Staffing a wide range of job classifications; and
• Engaging in high -volume recruitment to successfully meet agency needs.
We have experience serving a wide range of job classifications, which include administration/office,
accounting, professional (i.e., legal, insurance, FIR), IT help desk; maintenance techs, general laborers,
warehouse employees. special projects & events (including high -volume elections staffing),
reception/data entry, and customer service & retail.
In 2024, these were primarily the job categories we placed
• Off icelClerical[Administrative — 1000+
• Professional Services (largely Accounting and HR) — 120+
• Office Technology — 35+
• Creative Design — 3
• Maintenance/General Labor --200
• Election 1 Event Staff — 500
• Animal Care Technicians — 20+
• Drivers — 40
Exj)erionce
Some of the public agencies we serve include:
A. Cities: Newport Beach (contract expired in 2023). Los Angeles, Huntington Beach. Anaheim. Santa
Ana, Fullerton, Culver City, Carlsbad, Riverside, West Hollywood, Encinitas, Tucson (AZ), Glendale
(AZ), Las Cruces (NM), and Chicago Board of Election Commissioners (IL).
B. Counties: Frederick (MD) San Diego, Los Angeles, Orange, Placer, Riverside. Monterey, San
Bernardino, and Yolo.
C. Districts: Midway City Sanitary District, Orange County Sanitation District, Metropolitan Water
District; North County Transit District. and South Coast Air Quality Management District.
D. Authorities: Marin Housing Authority, Albuquerque Housing Authority (NM). San Diego County
Water Authority. Housing Authority of the County of San Bernardino, San Bernardino County
Transportation Authority, and Southern California Regional Rail Authority (aka Metrolink).
E. Colleges and Universities: Arizona State University, Arkansas State University -Jonesboro, and
Lone Star College (TX).
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Orange County Public Agency Contracts
• County of Orange (since 2011) — Supplier of processing technicians and specialists, lab
assistants, laborers, office assistants and specialists, secretaries, staff analysts, stock clerks, utility
drivers, and warehouse workers.
• City of Newport Beach (since 2017; contract expired) — Supplier of temporary maintenance, utility
workers, and labor personnel.
• City of Huntington Beach (since 2010; off contract) — Supplier of temporary clerical and
administrative personnel, as well as payroll only services
• City of Anaheim (since 2016) — Supplier of temporary clerical/admin, accounting, legal, library,
housing, maintenance, customer service, procurement, and workers compensation personnel,
among others
• City of Santa Ana (since 2018) — Supplier of clerical & admin personnel
• Orange County Sanitation District (since 2018) — Supplier of 1T, administrative, and graphic
design personnel.
• Orange County Employees Retirement System (since 2014)
NewportCase Study: City of
Length of Service
May 2017 - May 2020; re -awarded May 2020 - May 2023
Scope of Services
Staffing supplier of temporary maintenance, utility workers, and labor personnel.
Client Needs
The City was having difficulty locating personnel to participate in Beach Cleanup
efforts, and turned to HB Staffing to fill labor, machine maintenance, & utility staff.
Although these are often difficult roles to recruit for, HB Staffing met the City's needs
HB Staffing
through an aggressive recruitment campaign, which targeted sites such as Linkedin,
Solutions
Indeed, and ZipRecruiter. By offering more competitive rates than the City was able
to, we were able to supply quality candidates dedicated to their work. We
continuously offered staff on a rolling basis to avoid service gaps.
Housing Authority of the Count� of San Bernardino
Length of
July 2018 through June 2023; Re -Awarded July 1, 2023 to June 30, 2025 with three (3)
Service
one-year options
Scope of
Supplier of temporary maintenance technicians and general laborers. We are accustomed to
Services
serving the needs of a housing authority with positions similar to the Authority's, and we are
comfortable placing candidates in multiple locations for a single agency.
In 2018, HB Staffing secured two significant contracts with HACSB, covering maintenance and
Client
administrative services. HACSB had long grappled with challenges in candidate placement,
Needs
primarily stemming from low pay rates and the vast geographical expanse of San Bernardino.
The region's expansiveness posed hurdles in deploying maintenance workers to distant and
hard -to -access areas. Recognizing this issue, HB Staffing stepped in to provide a solution.
We established a robust pool of skilled employees and underscored the importance of offering
competitive compensation to maintenance workers tasked with traveling to remote and
HIS
challenging locations. Since 2019, our collaboration with HACSB has resulted in the
Staffing
placement of 30 administrative professionals and 17 maintenance personnel, significantly
Solutions
alleviating staffing pressures for the organization.
Our partnership with HACSB also facilitated a piggyback contract with the KEYS Nonprofit
Program, operated by the Housing Authority of the County of San Bernardino. Since 2019,
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we've successfully filled a total of 57 positions through the KEYS program, further solidifying
our commitment to serving the community.
In 2023, HB Staffing was honored to be re -awarded the maintenance contract with
HACSB, reaffirming our status as a trusted partner. Our ongoing collaboration underscores
the satisfaction and confidence HACSB places in our services, reflecting their continued
reliance on HB Staffing for their staffing needs.
Length of Dec. 2016 — Dec. 2019-, Re -awarded January 2020 — December 2023; Re -awarded January
Service 12024 — December 2025 with a 3-year option
Scope of Supplier of temporary clericalladmin, accounting, legal, library. housing, maintenance
Services customer service. procurement. and workers compensation personnel. among others
The City needed a staffing vendor that could place a wide range of positions and had the
Client capacity to work with multiple departments. Vendors needed to have the capacity to adhere to
Needs the City's rules around CalPERS annuitants and ensure that employees did not work for the
City for longer than six months in a fiscal year.
We were awarded a contract with the City of Anaheim in 2016 to provide a multitude of
classifications of personnel. Anaheim is a decentralized City; therefore, we work directly with
individual City departments.
Over the course of this contract, we have served 14 departments within the City. Per the City's
requirement, we staff roles within eight (8) hours of notification. We must also ensure that we
HB abide by all CalPERS rules regarding CalPERS retired annuitants and have incorporated
Staffing these requirements into our client information system so that each prospective employee is
Solutions questioned regarding their CalPERS status. We also track employees to ensure they do not
work more than six months with the City in a fiscal year.
Each City department has different rules that we must adhere to: for example. Police
Department personnel need to have additional background investigations, including
polygraph/fingerprinting. Due to our excellence in providing services. we were re -awarded this
contract in 2020 and again in 2024, and continue to provide service todayr
Key Personnel
Our project team is comprised of professionals well -versed in serving public agencies. Megan Ignacio
heads up the HB Staffing team and is responsible for overall contract compliance. Cristia Kish is our
Government Account Manager and shall serve as the City's dedicated contact regarding everything from
job order requests. employee placement questions, and operations. Cristia works behind the scenes with
our recruitment and operations teams to provide seamless service to our clients. Our team members work
in lockstep with one another; covering key duties when a teammate is unavailable for any reason,
Megan Ignacio, General Manager j (657) 6604116 1 mignacio@hbstaffing.com
Role with the City: Megan brings extensive public agency knowledge to her role as General Manager.
Her prior experience in the operations and recruitment departments at HB Staffing has given her the
global knowledge necessary for ensuring overall contract compliance Megan shall be present at the
kickoff meeting and is always available to clients to discuss any issues they may have.
Years with HB Staffing: 7 years and 10 months
Qualifications: In addition to experience serving HB Staffing as General Manager, Megan spent one (1)
year at HB Staffing as HR Operations Coordinator in our Operations and Management department and
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two (2) years as our Public Agency Account Manager, overseeing all our government accounts. Her
perspective on projects is two -fold. stemming from her comprehensive understanding of the operations
side and her adeptness in meeting the recruitment needs on the client side. Megan oversees the whole
company and is tasked with overseeing daily business activities, improving overall business functions,
training heads of departments, managing budgets, developing strategic plans, creating policies, and
communicating business goals.
Experience: Previously, Megan oversaw all the recruiters at HB Staffing and now oversees the whole
company, so she has experience with all our past and current projects. Megan is the project manager on
both city and county contracts. including the County of Los Angeles. Orange. and San Diego, city
contracts including Tucson (AZ), West Hollywood, Newport Beach, and Moreno Valley: as well as district
and authority contracts.
Education & Credentials: With a Bachelor of Science in Human Resources from California State
University, Long Beach. Megan also earned her Certified Staffing Professional (CSP) certification from the
American Staffing Association.
Cristia Kish, Government Account Manager 1 925-239-2522 1 ckish@hbstaffing.com
Role with the City: As the Account Manager for all of HB Staffing's public agency clients. Cristia shall
serve as the primary point of contact for the City. She shall accept and acknowledge job orders,
coordinate with our Director of Recruiting to fill positions. and ensure our Operations team fulfills reporting
and invoicing requirements. Cristia would address any questions or concerns the City has and will
coordinate regular quality assurance meetings with the City.
Years with HB Staffing: 3 years
Qualifications: Prior to joining the HB Staffing team as Government Account Manager, Cristia worked for
four (4) years as an Account Manager and Recruiter for Experis and has another four (4) years as
Resource Manager and Resource Development Manager. Cristia's job as Government Account Manager
is to serve as the liaison between HB Staffing and our clients. Her core priority is addressing customers'
needs and concerns as quickly and effectively as possible. Cristia works in lockstep with Megan and
Paige to ensure that the contract is being followed and that our client's goals are met.
Experience: Cristia is the account manager for all of HB Staffing's Public Agency clients. She has
extensive experience managing county contracts, including San Diego Los Angeles, Orange, and
Frederick (MD), and city contracts, including Glendale (AZ), Tucson (AZ), West Hollywood, Anaheim, and
West Hollywood.
Education & Credentials: Cristia has a Bachelor of Science in Business, focusing on HR Administration.
Paige McAllister, Director of Recruiting 1 (909) 490-4796 1 prncallister@hbstaffing.com
Role with the City: Paige shall work with the recruiting team to source and vet qualified candidates for
the City in a timely manner. She will ensure that key information is relayed to HB Staffing employees
about their job duties, the City's policies and procedures, and their work schedules.
Years with HB Staffing: 5 years and 5 months
Qualifications: Before her current role, Paige began as a Recruiting Assistant and rose through the
ranks to Recruiter/Account Manager to Recruiting Manager/Account Manager, and finally to Director of
Recruiting. Paige oversees all the recruiters at HB Staffing. She will be the primary contact for job orders
by phone, email, or fax. handling the details involved in understanding each order, along with distribution.
Experience: Paige is the project manager on contracts, including City of Newport Beach. City of Santa
Ana, Housing Authority of San Bernardino County. San Bernardino County Transit Authority, County of
Riverside and County of San Diego.
Education & Credentials: Paige is currently completing her Associate degree in Business Administration
from San Bernardino Valley College.
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Heather Robertson, Talent Engagement Manager; (909) 284-5183 1 hrobertson@hbstaffing.com
Role with the City: Heather shall offer our temporary employees services from pre -hire to post -hire,
ensuring a great ernployee/client experience while identifying redeployment and employee selection
opportunsties.
Years with HB Staffing: 4 years. 5 months
Qualifications: Heather brings over 15 years of customer service and management experience to her job
as Talent Engagement Manager. She is responsible for developing talent by assisting them witn acquiring
skills when necessary and coaching them in their career paths. Prior to her current role, she worked as an
account manager and recruiter at HB Staffing. Before that, she worked for years as a Manager of a
pharmacy and at a retail store.
Experience: Heather has extensive experience working with HB Staffing clients in recruiting qualified
candidates, as well as managing the overall relationship. She builds excellent rapport with employees to
ensure career growth for them. as well as a positive experience for our clients. Heather has experience
with public agency clients. including Placer County, the State of Maryland, the City of West Hollywood, the
Port of Long Beach, and more.
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Performance of Requested Services
Confirm that you can perform all services requested in the Scope of Services. If there are any items that
cannot be performed, please indicate as such in your response. The response in This section should
demonstrate relevant subject matter expertise and convey confidence that you can successfully perform all
requested services. If applicable, insert a schedulelimplementation timeline.
HB Staffing can perform all services requested in the Scope of Services. Below we have highlighted our
processes in ensuring the successful completion of the deliverables.
As an Equal Opportunity Employer, HB Staffing strives to attract a diverse talent pool by casting a wide
net in our recruiting efforts in order to draw interest from candidates of all backgrounds Our goal is to
facilitate the smooth transition of appropriately screened and credentialed temporary employees into your
workplaces. Our project plan is conducted via the following processes'
Recruitment
1. Recruitment Kick -Off Meeting — Immediately upon contract award. we will recommend a
post -award `kick-off' meeting to facilitate a mutual understanding of goals, protocols, timelines, and
lines of communication. Once a mutual understanding is established, we create a recruitment plan,
which includes anticipating the City's needs and executing a recruitment strategy crafted to identify
and onboard highly qualified candidates relevant to the City's requirements.
2. Recruitment Campaign — Our Project Manager will implement the recruitment plan based on
information from the kick-off meeting. the Dty's job category descriptions, and the scope of work. We
will, on a daily basis, recruit and attract relevant qualified personnel who can meet City -centered
job -related work experience, skills, stability, location, and education prerequisites. We stay connected
to the job force in and around the City, utilizing local job developers to assist in recruiting potential
candidates throughout the life of the contract.
3. Sourcing Candidates — HB Staffing recruiters will conduct an initial search within our database
of over 20,000 vetted candidates and employees. Our search efforts are enhanced by ut lizing key
talent portals such as Indeed, ZipRecruiter, and Craigslist, in addition to posting job offerings on our
website and social media sites (Facebook and Linkedln). We will expand search efforts using
cutting -edge technological tools to quickly and accurately source talent through key talent portals. We
coordinate multiple internal assets to achieve the best results for our clients:
a. National Marketing Team — Our parent company; Array, complements HB Staffing's
customized staffing approach by utilizing sophisticated tools with an extensive national reach.
The Marketing Team curates ad language specific to the needs of our clients and casts a wide
net with the ads it posts.
b. GoToro Recruitment Technology — GoToro, Array's fully owned entity that provides candidate
marketing strategy and execution to our clients, empowers our recruiters with its cutting -edge
platform, Leading Edge Optimization (L.E.O.). Through advanced digital recruitment technology,
L.L.O. enables us to identify candidates faster and with greater precision. By leveraging
multi -channel digital sourcing across job boards, search engines, social media, and the web, we
gain access to a comprehensive labor pool, reaching both active and passive job seekers. This
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targeted approach reduces time -to -hire by up to 20%, ensuring faster placements for our clients'
critical roles. Additionally, L.E.O. enhances job matching accuracy by 75%, improving candidate
retention and reducing turnover. Matched candidates are then seamlessly integrated into Array's
proprietary applicant tracking system, Rayzor.
c. Internal HB Staffing Recruitment — HB Staffing recruiters not only vet candidates referred by
the marketing teams, but they also compile them into a pool of viable candidates based on the
City's job needs and requirements.
4. 'talent Sourcing Other External Resources — We will also source community resources weekly,
targeting colleges, non-profit organizations, trade groups, online communities, job boards, job fairs,
and community and local charity events.
5. Pre -Screening Interviews — HB Staffing recruiters will schedule and conduct pre-screening
interviews to determine qualifications, interest, and availability. In addition, recruiters will determine
the fit and relevance to the City's needs when determining the applicant's availability.
6. Applicant Tracking -- When a candidate is new to our system, our team will onboard them into our
pool of candidates within our database.
Interviewing and Qualifying
Customization of an Interview Rubric — We take great pride in submitting excellent candidates to
our clients in a timely manner. Conducting interviews that accurately capture the requirements of the
job is key, as is obtaining an accurate assessment of the candidates' skills, aptitudes, mindsets, and
expertise.
a. Precision Job Descriptions — We have created over 100 Precision Job Descriptions (PJDs)
that align with the positions we most typically staff. Within our internal applicant tracking system,
Rayzor, we access the PJD that most closely aligns with the job requirements in the job order we
are seeking to fill. We then tailor the requirements to align exactly with the job order. Each PJD
lists the Skills, Aptitudes, Mindsets, and Expertise that are most desirable in a prospective
candidate, and we have developed standardized interview questions that align with each PJD.
We call this standardized format a Quantum Gut Rubric.
b. Quantum Gut Rubric — Our recruitment team builds a comprehensive and thorough Quantum
Gut Rubric based on the details of the job description and the preferred skills and aptitudes of
the hiring manager. This rubric is both an interviewing tool and an evaluation tool. Once the
interview is complete, multiple HB Staffing employees rate the candidate based on their
responses using the rubric. Our employees are then able to fairly judge the best candidates and
their right fit with the City.
2. Interviewing --- The finest available candidates undergo a rigorous vetting process designed to
assess each work history and performance on the job. Our Recruitment Team uses the Gut Rubric to
ask the same questions of each candidate to minimize bias in our interview process. Applicants
participate in a thorough behavioral interview whereby they are asked to describe past behavior and
accomplishments in order to determine whether they are suitable for a position with the City. In
interviewing potential candidates, we understand that we need to find people who have both the hard
and soft skills to perform the job successfully. We match hard skills with those
tech nologylsoftware skills that contribute to successful placements. Skill assessments and
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references, along with credential verifications, are what we seek. We would expect to see the
following qualities in a candidate to evidence good communication skills and the ability to work in a
team environment:
a. Demonstrates listening skills
b. Demonstrates an ability to work with others of all types and persuasions
c. A person with a "one for all, and all for one" approach
d. A person who takes ownership of their responsibilities adopts the timelines relevant to the
outcomes desired
e. A person who is empathetic
f. A person who is conscientious and takes an ethical approach to working with others and
assigned projects
g. A person who is able and willing to ask questions and implement recommendations readily
h. Can solve problems effectively
1. Have good people and customer service/support skills
3. Skills Assessments — We assess a candidate's skills using the online testing site, Talevation, when
applicable. For language proficiency assessments, we utilize ALTA Language Services, which is an
industry leader in language testing for government agencies, among others. ALTA has language
assessments for over 100 languages.
4. Submitting Candidates to the City — Once our candidates have been fully screened by our
recruiters, we will send resumes of the best -fit candidates to the City. We will ensure that, if the City
wishes to conduct an interview, we will coordinate and prepare all the candidate(s) for the interview.
Onboarding
1. Efficient Forms — The HB Staffing Recruitment Team uses Efficient Forms, a cloud -based
employee application, paperless onboarding, and compliance software solution. This is state -specific
and customizable to ensure that all required onboarding and candidate requirements are completed
per the City's guidelines. All employees complete State and Federal Tax forms, Company Policies,
1-9, and E-Verify through this system.
2. Background Checks — We understand that our employees must pass the City's fingerprinting and
background screening; we shall coordinate with the City to ensure this is done as seamlessly as
possible. Typically, HB Staffing conducts a comprehensive background check using Checkr, which
provides a full background check for each county our temporary employee has lived in: ensuring zero
felonies, sex offense charges, and misdemeanors within seven (7) years from the date of an
assignment request. We also perform reference checks via the online platform, Terefic. If the City
requires, HB Staffing can conduct drug testing, DMV driving record, and educational checks, as well.
3. Job Start Confirmation to Employee — HB Staffing Recruitment Team will send a job start
confirmation that includes the employee handbook, job expectations, and a customized orientation.
Customized content is fine-tuned with the City to include:
a. The City's policies and procedures
b. Workplace Practices and Expectations: During this mandatory orientation, we ensure that the
temporary employee understands the expectations of the City and HB Staffing. We do not allow
tardiness, absences, or unsuitable behavior at work.
c. Work Essentials: employee dress code, work hours, address and layout of the work location,
code of ethics, payroll and timecard procedures, and security policies
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d. One -hour mandatory sexual harassment prevention training with certificate of completion to be
completed within 30 days of start date
e. End of assignment overview (including the use and return of City's property)
f. Issues other than those listed above
4. Job Start Confirmation to the City — HB Staffing Recruitment Team will send candidate
confirmation and job start confirmation to the City.
Ongoing Quality Assurance
1. First Day of Assignment -- On the first day of the assignment, a member of the Recruitment Team
will follow up with the City's hiring manager and our HB Staffing temporary employee to ensure
everything proceeds smoothly.
2. Employee Quality Assurance Phone Calls — Our Recruitment Team makes 'quality assurance'
phone calls to the employees to ensure that they are satisfied and productive. During these calls. our
team will verify that job progress is per the City's requirements.
3. Quality Assurance Phone Calls — Our Project Manager or Account Manager will make 'quality
assurance' phone calls to the City (as permitted) to ensure that job progress is positive. We have a
proactive approach when it comes to concerns. Whenever the City expresses a concern, we counsel
our employees immediately, log this into their records, and provide ongoing support and follow-up
with the City to quickly resolve the problem.
4. Quality Assurance Meetings — Our team will meet with the City on a semi-annual to annual basis
(or as often as agreed upon) to ensure ongoing satisfaction. We will work with the City to set internal
goals that meet project standards, assess management strategies, and suggest ideas to potentially
improve the City project outcome.
5. Service Disruption Prevention Processes — In the event that any personnel placed by HB Staffing
must be released for any reason, we will not charge the City for the temporary employees first four
(4) hours of employment. After consulting with the City, we will replace the employee immediately with
a qualified, vetted substitute utilizing our 'Two on the Bench" policy - for every qualified candidate we
place, we have two vetted, equally qualified temporary employees on standby, ready to hit the ground
running. We have a proactive approach when it comes to client/employee concerns, with policies and
protocols in place for employee call -outs, no-shows, and behavior/performance issues. We shall
reach out to HR or the Department manager to see if a substitute can temporarily fill a role.
Response Timeline
• Within 15 — 60 minutes: Our team will confirm and review the job order with the City's hiring manager,
clarifying essential and preferred candidate skills. key job details, and timeline expectations. This
information is entered into our system and shared with our recruiting team. We will then search our
database for qualified candidates or initiate recruitment if needed.
Within 24 — 48 hours: This is the typical timeframe to fill general services, depending on the needs
of the City and whether or not the City wishes to review resumes and set up an interview schedule.
Candidates will be identified. engaged, interviewed qualified, vetted. and prepared to interview.
Within 2 — 5 days: This is the timeframe to fill non-standard service requests.
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Our office hours are Monday through Friday, from 7:00 am to 5.00 pm, but we also recruit during evenings
and weekends. This extended availability allows us to find appropriate candidates quickly, even outside
regular business hours. To ensure prompt placement of candidates, the City will have access to our
team's contact information, enabling 2417 communication and support as needed
Operations Compliance
HB Staffing is accustomed to providing invoices according to the specifications set by our clients. To
ensure accuracy in invoicing, all temporary employees input their work hours into our user-friendly time
management system. This system allows both the City and HB Staffing to easily track hours worked, and
it ensures that timecards are accessible, traceable, and verifiable. Employees are required to submit their
hours by Monday at 10 a.m. (PST) following their work week. After payroll approval on Wednesday,
weekly invoices, complete with attached timesheets, are sent to the client. Payments are processed the
following Friday, ensuring a clear and timely payroll cycle. Our online system allows the City to access
current and past invoices at any time, ensuring easy reference for review and approval.
Upon request, HB Staffing can provide customized reports detailing temporary employee hours worked.
bill rate, PO Number, fiscal YTD. etc. This information is tailored to the needs of our clients.
Please see a sample invoiceltimesheet and report beginning on the next page.
Please Note We also track employee hours worked in a fiscal year to ensure our employee does not
exceed 960 hours.
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INVOICE
Attention of: CONTACT NAME
BILL TO: CLIENT NAME
Address
Address
Thank you for your business support!
REPORTING TO:
CLIENT NAME
Address
Address
Bill Dept:
PO#
DATE
INVOICE NO.
PAGE
ACCOUNT NO.
TERMS:
12/28/2022
XXXXXXXXX
1
XXXXXX
Net 45 Days
PERIOD DESCRIPTION & EMPLOYEE
HOURS
RATE
AMOUNT
12/19/22-12/25/22 Admin Specialist Doe, lane
32.00
44.7E
$1,432.32
Remit To'
`AS OF 06124/2022 INVOICE DATES,
PLEASE SEND PAYMENTS: ELECTRONICALLY
WIREIACH TO WEBSTER BANK,
ABA #026007773, ACCT NO. 8250000026
OR MAIL CHECK TO CathyJon Enterprises Inc.,
dba HB Staffing P.O. BOX 75343
CHICAGO, IL 60675-5343
'IMPORTANT* - INCLUDE CLIENT NO. AND INVOICE NO,
Regular Pay Hours
32.00
Total Hours
32.00
17
PAY THIS AMOUNT >
TOTAL
$1,432.32
13-36
Employee Name
Assignment Number
Period Ending Date
Timesheet Approved By
Customer Name
Department
Report To
Timesheet Approved On
Date IN t OUT 1 IN 2 OUT 2 IN 3 OUT 3 IN 4 OUT 4 Regular Overtime Doubletime Expenses Pay Code Approval
Totals
32.00 0.00 0.00 0.00
Regular 32.04 Overtime 0.00 Doubletime 0.00
Employee Comments
Client Comments
-- _
0STAFFING
Monthly Tracking
Report
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19
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Key Project Deliverables Timeline
DeliverablesKey Project Milestones /
Intent to Award
Depends on the City
HB Staffing orders Certificate of Insurance (COI) requesting that the City be
Within two hours of receiving Intent
listed as an additional insured
to Award
HB Staffing emaits COI listing the City as additional insured to the City contact
Within two days of award
The City sends the contract to HB Staffing
Depends on the City
HB Staffing signs and returns contract to the City
Within 24 hours of receipt
The City executes contract (Notice to Proceed)
Depends on the City
Kick-off Meeting: HB Staffing meets with the City to facilitate a mutual
understanding of goals. protocols, timelines, and lines of communication. The
goal is to learn more about the City's specific requirements around
Within one week of receiv ng
background checking, reporting, invoicing, job order protocol, points of
executed contract
contact, etc. This meeting is also to learn about all the City's policies and
procedures as they relate to employees, so that this information can later be
communicated to the employees prior to starting their assignments
If requested by the City, seamlessly onboard existing temporary employees
Within one to seven days of the
from the previous vendor to HB Staffing
Kick-off Meeting
Set up City -specific invoicing and reporting requirements within our database.
Establish notes for recruiters regarding the City's annual fiscal work hour limit
Within two days of the Kick-off
of 960 hours, background and drug screening requirements (including
Meeting (sooner if we immediately
fingerprinting), contact parameters, need to establish periodic performance
receive a job order reques-)
evaluations of temporary employees, and any other candidate -related
requirements that the City has
HB Staffing uses information gleaned from Kick-off Meeting to develop a
targeted recruitment plan, which shall include utilization of online talent
Within one day of Kick-off Meeting
portals, social media sites, local colleges and community organization, and
our parent company's Marketing team.
Upon receipt of a job order from the City. HB Staffing recruiters shall.
. Within 1 hour of job order receipt
1. Conduct search of internal candidates using HB Staffing's database as well
• Within 2 hours of job order
as the nationwide database resources of parent company. Array Corp
receipt
2. Produce marketingirecruitment ads
• Within 4 hours of job orclr
3 Post ads that shall remain active
receipt and ongoing
Sourcing of qualified applicants
Ongoing following Kick -Off
Meeting
30-Day check -in with the City (either via phone or email) to evaluate progress
Approximately 30 days following
and fine-tune processes. if needed
the Kick-off meeting
60-Day check -in with the City (either via phone or email) highlighting progress
Approximately 60 days following
made to date
the Kick-off meeting
Quarterly and/or Semi -Annual account reviews
Per the City's preference
Annual account review to ensure contract specifications are being met and set
Approximately one year after
goals for the coming year
contract execution
Detail any and all Prime Contractor and Subcontractor relationships and responsibilities. If you are not
utilizing subcontractors, please provide a narrative confirming this.
HB Staffing shall not utilize subcontractors.
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Our Mission:
We provide exceptional staffing services to commercial businesses, non -profits, public and
federal government agencies, matching extraordinary talent with clients that value
results -oriented, customer -centered, and community -focused staffing partnerships.
We are committed to surpassing industry standards in the delivery of extraordinary talent to our
clients in expanding commercial and public sector markets across the United States.
We Invite you to Partner with HB Staffing and
Experience the Benefits!
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EXHIBIT B
SCHEDULE OF BILLING RATES
CathyJon Enterprises, Inc. DBA HB Staffing Page B-1 13-41
COST FILE
Exhibit B — Billing Rates
UNIT
MINIMUM HOURS
COST
Labor Charge — Standard (To be
used for work performed between
4 Hours
$30.51 Per Hour
5:00 AM to 8:00 PM)
Summer Schedule — Standard (To be
used for work performed between
5:00 AM to 1:30 PM) Monday through
Friday and 5:00 AM to 9:00 AM on
4 Hours
$30.51 Per Hour
Saturday and Sunday. Fora
maximum of 40 hours per week
Overtime- Standard
(To be used for work performed
after 8 hours of work on weekdays,
None
$45.76 Per Hour
weekends, and holidays)
Labor Charge -- including
Transportation (To be used for
4 Hours
$30.51 Per Hour
work performed between 5:00 AM
to 8:00 PM)
Summer Schedule — including
Transportation (To be used for work
performed between 5:00 AM to 1:30
PM) Monday through Friday and 5:00
AM to 9:00 AM on Saturday and
4 Hours
$30.51 Per Hour
Sunday. For a maximum of 40 hours
per week
Overtime — including Transportation
(To be used for work performed
after 8 hours of work on weekdays,
None
$45.76 Per Hour
weekends, and holidays)
Invoicing
All invoices for on -call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis
• Contracted labor rate
13-42
COST FILE
• Name(s) and title of laborer(s)
Invoices shall be submitted monthly. Labor rates shall be charged at the standard labor rate
specified in the Cost File.
Holiday Working Hours
• Holidays shall be based on the list of City Approved Holidays, and are listed below:
- New Year's Day
- Birthday of Martin Luther King, Jr.
- Washington's Birthday
- Memorial Day
-Independence Day
- Labor Day
- Veterans Day
- Thanksgiving Day
- Christmas Day
13-43
EXHIBIT C
INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES
Provision of Insurance. Without limiting Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply and
that coverage does not meet these requirements, Contractor 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. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with California law for all of the
subcontractor's employees.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liabilitv Insurance. Contractor 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 and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from
premises, operations, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
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(including the tort liability of another assumed in a business contract)
C. Automobile Liability Insurance. Contractor 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 Contractor
arising out of or in connection with Work to be performed under this
Contract, 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 for each accident.
D. 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 Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement or shall specifically
allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each
of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed
to provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as additional insureds under such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage,
excluding automobile liability insurance, shall be primary insurance
CathyJon Enterprises, Inc. DBA HB Staffing Page C-2
13-45
and/or the primary source of recovery with respect to City, its City
Council, boards and commissions, officers, agents, volunteers and
employees. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage. If any required insurance policy cannot be so
endorsed, then all Certificates of Insurance evidencing such coverage
shall reflect these notice requirements, and the Contractor shall be
solely responsible for providing such notice to the City in accordance
with these timeframes. Failure by the Contractor to provide timely notice
of cancellation or nonrenewal, whether due to lack of endorsement or
other reason, shall constitute a material breach of contract, entitling the
City to pursue all available remedies, including but not limited to
suspension of work, withholding of payments, or termination of the
contract.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor 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. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements 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 Contract. 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, Contractor 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 anytime.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Contractor sixty (60) calendar days'
advance written notice of such change. If such change results in
CathyJon Enterprises, Inc. DBA HB Staffing
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substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor 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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor 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 Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor 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 Exhibit A 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
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use
any self -insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to
self -insure its obligations to City. If Contractor's existing coverage
includes a self -insured retention, the self -insured retention must be
declared to City. City may review options with Contractor, which may
include reduction or elimination of the self -insured retention, substitution
of other coverage, or other solutions. Contractor agrees to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
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 Contract, or to suspend Contractor'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
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Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, 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.
Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgement may be necessary for its proper protection and
prosecution of the Work.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term
of this Contract have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder
or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new
coverage must be provided to City with five (5) calendar days of the
expiration of the coverages.
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