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HomeMy WebLinkAboutItem 24 - Temporary Employee Staffing ServicesHuman Resources www.santa-ana.org/human-resources Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 20, 2023 TOPIC: Temporary Employee Staffing Services AGENDA TITLE Approve Agreements for Temporary Employee Staffing Services with AppleOne, Inc., Cathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services, Inc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a Not -to - Exceed Aggregate Amount of $2,000,000 (Specification No.23-051) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with vendors listed below for temporary employee staffing services on an as -needed basis in an aggregate amount not -to -exceed $2,000,000, from July 1, 2023 through June 30, 2026 with the option for two (2), one (1)-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 1. AppleOne, Inc. (Torrance, CA) 2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA) 3. Helpmates Staffing (Irvine, CA) 4. Kimco Staffing Services, Inc. (Irvine, CA) 5. SoftHQ, Inc. (San Diego, CA) 6. TEC Group, Inc. (Irvine, CA) 7. The Good Job Company (La Jolla, CA) DISCUSSION To operate an efficient and effective workplace, City departments utilize temporary employee staffing services on an as -needed basis to fill workforce needs for a limited duration. In addition, temporary staffing services allows the necessary time to perform recruitments to hire permanent staff when necessary and/or appropriate, or to avoid lapses in service to the community during times when increased staffing resources are crucial. The Human Resources Department issued Request for Proposals (RFP No. 23-051) on March 29, 2023, inviting qualified temporary staffing firms with relevant experience to submit their proposals to the City. The RFP was advertised on PlanetBids, the City's online bid and management publication system. Temporary Employee Staffing Services June 20, 2023 Page 2 Fifteen proposals were received and opened by the RFP deadline on April 19, 2023 and all were deemed responsive. The selection committee with experience in human resources and related program services evaluated all proposals. The selected, highest - ranked firms will provide temporary employee staffing on an as -needed basis. Staff recommends awarding agreements to the seven highest -ranked firms based on the City's projected needs. The proposals submitted by these firms demonstrated they have the necessary capacity and expertise to provide temporary staffing services as specified in the RFP. Additionally, the firms' rates are reasonable and within industry standard, and the proposals were determined to provide the best overall value for the City. FISCAL IMPACT Funding is available in the FY 2023-24 budget in the various departmental Contractual Services — Professional Account (62300) and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The estimated not -to - exceed amount of expenditures in FY 2023-2024, FY 2024-2025, FY 2025-2026, FY 2026-2027 (optional), and FY 2027-2028 (optional) is $400,000 per fiscal year. Payments to all vendors will be tracked to ensure the City does not exceed the aggregate $2,000,000 maximum total. EXHIBIT(S) 1. Agreement with AppleOne, Inc. 2. Agreement with Cathyjon Enterprises, Inc. dba HB Staffing 3. Agreement with Helpmates Staffing 4. Agreement with Kimco Staffing Services, Inc. 5. Agreement with SoftHQ, Inc. 6. Agreement with TEC Group, Inc. 7. Agreement with The Good Job Company Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND APPLEONE, INC. DBA APPLEONE EMPLOYMENT SERVICES FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between AppleOne, Inc., and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal ("RFP") No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of temporary employee staffing services on an on -call basis for the City's Human Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under REP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026 for an initial three-year term, with the option for the City to grant up to two, one-year extensions exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Page 2 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subconsultants. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office ("ISO") Form Number CA 00 01 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Page 3 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent arising from the negligent operations of the Consultant, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of Consultant's uncured breach of the terms of, or effects, arising from this Agreement provided Consultant is afforded at least (30) days to cure such alleged breach. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. To the maximum extent permitted by applicable law, neither the City nor the Consultant shall have any liability for any indirect, consequential, special or incidental damages, damages for loss of profits or revenues, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages, unless such party has engaged in gross negligence or willful misconduct, or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and Page 5 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any Page 6 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Rick H. Hagmann Vice President - Operations & Client Services 16371 Beach Blvd. Suite 240 Huntington Beach, CA 92647 Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, Page 8 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ATHAN T. MART Z Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: Docu Signed by: tiv 09BA14C15DF&4E7... THAI NGO Chief Financial Officer Page 9 of 9 DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 EXHIBIT A SCOPE OF SERVICES DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 E) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS 1. Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CaIPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 E) CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name / Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 E) CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CalPERS rules regarding CalPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https://www.governmentmobs.com/careers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 EXHIBIT B CONSULTANT'S PROPOSAL DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 ID AppleOne Hiring Made Human RFP# 23-051 City of Santa Ana Temporary Staffing Services Response Due Date/Time: April 19, 2023 / 4:00pm PT Submitted to: Lori Schnaider, Operations Manager City of Santa Ana — Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 Submitted by: AppleOne, Inc. dba AppleOne Employment Services 327 W. Broadway Glendale, CA 91204 All data and information contained herein and provided by AppleOne in response to the City is considered confidential and proprietary. The data and information contained herein may not be reproduced, published or distributed to, or for, any third parties without the express prior written consent of AppleOne. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 Table of Contents 11 a. Cover Letter ............................................. b. Services Provided .................................... c. Agreement Statement ............................. d. Firm and Team Experience ...................... e. Proposed Work Plan ................................ f. References ................................................ Cost Proposal ............................................... VII. Certifications (Attachments) ................. VIII. References ............................................ ................................... 3 ................................... 4 ................................... 4 ................................... 7 ................................. 12 ................................. 21 21 ........................................................... ........................................................... 22 ........................................................... 22 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 19 April 2023 Lori Schnaider, Operations Manager City of Santa Ana — Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Response to Request for Proposal — Recruiting Services Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services (AppleOne) welcomes the opportunity to present our response to The City of Santa Ana (City), with the ultimate goal of furnishing the City with the top-notch Temporary Staffing Services it seeks. As a current provider of temporary staffing services to the City of Santa Ana, AppleOne hopes to continue its service to the City. One of the largest privately held human capital management companies in the United States, AppleOne boasts more than 200 offices throughout North America to support recruiting and bring local labor market knowledge and talent to the City. Guided by our belief in people and our company philosophy, "Hiring Made Human", we work diligently to connect our clients with the best people —aligning talents, skills, goals, and aspirations. AppleOne emphasizes the importance of quality and cost-effectiveness, providing lasting solutions while remaining cognizant of the taxpayer's dollar. AppleOne acknowledges receipt and review of this Solicitation and Addenda. If the City has any questions regarding the enclosed proposal response during the evaluation period, please contact our Government Solutions team at one or more of the following: PHONE (866) 493-8343 FAX (714) 596-7798 EMAIL GovSolutions(@ADDIeOne.com AppleOne will provide the City with day-to-day project management from our Orange County, CA branch office, located at 26300 La Alameda, Suite 130, Mission Viejo, CA 92691. There, our primary point of contact and Project Manager, Rion Carr, will facilitate follow-up, attend meetings, coordinate resources, services, and support, and will be available to the City directly at (949) 427 2936 and rcarr@appleone.com. We look forward to working with the City in servicing its Temporary Staffing Service needs, and we will do everything necessary to ensure our contract delivery is positive, productive, and fulfills all stated objectives. Sincerely, Dr. Milton J. Perkins, Senior Vice President Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 10 A full -service staffing agency, AppleOne supplies temporary, temporary -to -hire, and direct -hire candidates to commercial and government clients alike. We can readily fill positions within several job categories, including: • Administrative/Clerical • Call Center/Customer Service • Data Entry/Data Processing • Finance/Accounting/Insurance • Human Resources AppleOne is a privately held corporation, founded in 1964 and incorporated in November 1968. Over its 59 years in the industry, AppleOne evolved from a single -desk staffing agency into a nationwide organization of hundreds of brick and mortar offices, reaching every major city in the United States. Now one of the largest privately held, woman- and minority -owned staffing firms in the country —rated by Forbes as a Top 10 Best Professional Recruitment Firm in America—AppleOne continues to evaluate and develop new, innovative, and creative ways to improve the level of service expected by our clients. • IT/Technical • Legal • Marketing/Graphics • Operations • Professional Figure 1- AppleOne In -State Operations AppleOne boasts the support of more than 200 points of operation across the continental United States, with in- state branch offices operating in half the states of the union, as well as Washington DC and Puerto Rico, and a robust national recruitment division to administer and support operations for large commercial and government clients. Page 7, Seefien IX. 4 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 10 whether in an action in contract or tort, even if such party has been advised of the possibility of such damages, unless such party has engaged in gross negligence or willful misconduct, or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement. i. A general description of the firm, including size and number of employees working directly with the City on this agreement. A wholly -owned subsidiary of The ACT 1 Group, Inc. (ActOne), AppleOne and its 630+ permanent employees place more than 145,000 people annually and process hundreds of W2's, meeting the needs of the thousands of clients throughout the United States. We possess an extensive history of partnering with public sector and non- profit clients, currently supporting over 600 government entities at the state, local, and federal levels. This includes a large number of long-term contracts with cities in all corners of the country, to whom we provide temporary, temporary -to -hire and/or direct placement staffing services on an as -needed basis. In addition to the primary personnel listed in the proposal, the local AppleOne branch servicing the City has over 15 employees, and other supporting branches in the area. AppleOne has an extensive history of partnering with other public sector and non-profit clients to provide temporary staffing and direct hire services on an as -needed basis. In addition to our work with the City of Santa Ana, we currently support over 600 government entities at the state, local, and federal levels, including numerous cities, and we are regularly adding new government contracts to our list of active clients. For example, AppleOne was recently the recipient of new and/or renewed bid -awarded temporary staffing contracts from government entities such as Seattle Housing Authority, Fresno Housing Authority, Harris County, Collin County, DeKalb County, City of Charlotte, City of Newport News, State of South Carolina, State of Kansas, OmniTrans, Bay Area Rapid Transit System, Alameda County Water District, Education Service Center Region 20, University of Washington, and Shelby County Schools, among others. A representative list is provided below: APPLEONE REPRESENTATIVE LIST OF CLIENTS CITIES City of Atlanta, GA City of Austin, TX City of Henderson, NV City of Ontario, CA City of Portland, OR City of Long Beach, CA City of Glendale, CA City of Hayward City of Columbia City of Reno, NV City of West Palm Beach, FL City of Folsom City of Greeley, CO I City of Doral COUNTIES County of Contra Costa, California County of Los Angeles, Public Defender County of Gwinnett, Georgia County of Los Angeles, Sherriff County of Hennepin, Minnesota County of Orange, Florida 7 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 10 County of Houston, Texas County of Orange, Superior Courts, California County of Johnson, Kansas County of Riverside, California, County of Kane, Illinois County of Sacramento, California County of Los Angeles, District Attorney County of Los Angeles, Internal Services EDUCATIONAL INSTITUTIONS Contra Costa Community College District Los Angeles Unified School District Sunnyside Unified School District, Tucson Pinellas County Unified School District University of Miami, Florida Atlanta Public Schools Clark County School District Dublin Unified School District Fort Worth Independent School District Naropa University Orange County Public Schools San Bernardino Community College District Seattle Public Schools I University of Utah NEW HOUSING AUTHORITIES Burbank Housing Development Corp Chesapeake Redevelopment & Housing Authority Collier County Housing Authority Dallas Housing Authority Denver Housing Authority Fresno Housing Authority Housing Authority of the County of San Bernardino Housing Authority of Kern County Housing Authority of San Buenaventura Housing Authority of San Joaquin County Housing Authority of Santa Paula Housing Authority of the City of Alameda Housing Authority of the City of Bremerton Housing Authority of the City of Charleston STATES State of Colorado State of New York State of Nevada State of Arizona State of Utah State of Texas Washington State Department of Transportation State of South Carolina Commonwealth of Pennsylvania State of California State of Florida State of Georgia State of Tennessee, Dept. of Education I California Earthquake Authority TRANSPORTATION AUTHORITIES Greater Orlando Airport Authority Sam Trans Los Angeles Airport Authority Central Midlands Regional Transit Authority Port of Los Angeles Charleston County Aviation Authority Chicago Regional Transportation Authority Gold Coast Transit Jacksonville Aviation Authority LA County Metropolitan Transit Authority Long Beach Transit North Texas Tollway Authority Omnitrans Ontario International Airport Authority UTILITIES Las Vegas Valley Water District Orlando Public Utilities Commission Sacramento Metropolitan Utility San Diego Water District Alameda County Water District South Coast Air Quality Management District Contra Costa Water District Southern California Water Company Elsinore Valley Municipal Southwest Gas Florida Public Utilities Inland Empire Utility Agency Kern County Water Agency Las Vegas Valley Water District ii. Firm's nearest address serving the City of Santa Ana and headquarters address. As stated in our Cover Letter, the managing office for this contract will be AppleOne's Orange County branch office, located at 26300 La Alameda, Suite 130, Mission Viejo, CA 92691. Consistently providing high quality service to the region, the servicing branch staff are fully trained and mentored to be leading recruiting and staffing experts, providing temporary, temp -to -hire, direct hire, and payrolling services. 8 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 iii. Firm's full-time service office in Southern California if different from above. AppleOne's primary headquarters is located at 327 W. Broadway, Glendale, CA 91204. iv. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. AppleOne Area manager Rion Carr will serve as the designated Project Manager for the City in service of this contract. An integral member of AppleOne's California operations, Ms. Carr currently assists with account management and recruitment for various AppleOne public -sector clients. Ms. Carr, who is empowered to take swift and decisive action in the normal course of business with the City, will be directly supported by Recruiting Consultant Bonnie Hulse, who will serve as the Assistant Project Manager for this contract, with additional support provided as needed by the rest of the Orange County branch team and other area offices, who are in turn supported by regional and corporate management. AppleOne strives to ensure that, regardless of a client's location, size, or service requirements, they will interact with a friendly, knowledgeable, and responsive staff that pays every attention to detail. This commitment to excellence is reflected in our daily practices and reinforced by executive leadership. Because our mission is "to find, to understand and to fulfill the needs of another," our clients find that our tailor-made solutions lead to enhanced productivity and reduced cost, especially compared to other staffing organizations. Ms. Rion Carr, Project Manager, possesses over twenty-four years of recruitment and account management experience with AppleOne. As the Project Manager for the City, Ms. Carr will manage the day-to-day processes, including testing, screening, and ensuring all temporary employees are fully trained and qualified, possess the necessary skill requirements, and are performing up to the City's standards. She will gather all information needed to recruit, screen, evaluate, and qualify candidates who possess the required skills to be productive at the City. Ms. Bonnie Hulse, AppleOne's Assistant Project Manager, has firmly established herself as an invaluable asset within the industry in her over twenty years of staffing, recruiting, and administrative experience. Ms. Hulse will be primarily responsible for recruiting and applicant development, and will provide special recruiting services to support the City. Additional duties will include: staff performance and accountability, client fulfillment oversight, maintenance and expansion of qualified applicant pool, ongoing training and development, and ensuring that the City receives quality service at all times. Mr. Rick Hagmann, Vice President of our Government Solutions team, implements and maintains contracts with our public sector clients. Part of AppleOne's dedicated government team for 16 years, he will be the primary contact regarding all contract -administration related issues. Mr. Hagmann is supported directly by our Legal and Risk Management teams as well as his own Government Solutions staff of highly trained professionals. He will work with the AppleOne Orange County account management personnel to ensure that the City is properly supported. v. Include resumes for all managers, supervisors, and other key personnel including subconsultants (if applicable) who will be assigned to this contract if awarded. Please see resumes for personnel listed on the following pages APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 0 AppleOne Hiring McrdeHuman' Rion Ruiz Carr Orange County, CA { (949) 427 2936 j rcarr@appleone.com Area Manager Charismatic Senior Business Development Leader who thrives on building award winning teams and creating clients for life. Results oriented and highly motivated self-starter with proven track record in sales. Profound customer service acumen. Flourishes independently or in a team environment. Believes leading by example is the path to success. SKILLS Computer: Proficient in applications of Microsoft Office including: Word, Excel, and Outlook as well as other Internet and office applications. Proficient with Linked In, Indeed, Monster and Career Builder and extensive experience with various ATS systems. Communication: Able to write clearly, concisely and logically while maintaining professionalism in all circumstances. Area Manager 1999 to current APKE0NE EMPLOYMFNTSERVICES Orange County, CA Duties: Responsible for supervising multiple employees/offices, driving business initiatives, supporting my employees and ensuring the highest level of customer satisfaction for all clients. Hire, train and lead employees and act as a back up to all accounts. Extensive recruitment of skilled applicants to fill qualified job orders from local companies and corporations. Representing over 1000 candidates, with having personally interviewed each individual. rather responsibillties include connecting with all companies we service for quality control and conducting marketing and sales calls to develop new business. Conduct all internal staff counseling, training, mentoring. Handle hiring, promoting, and terminating of internal staff and of candidates, as needed. Draft job descriptions and create new job classifications. Drive the bottom line. Providing excellent customer service to applicants and clients. UCLA Bachelor's Degree in interdisciplinary Studies with a minor in Chicanaf o Studies 10 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 Bonnie Hulse AREAS OF PROFICIENCY ■ Microsoft Word, Excel, PowerPoint, Outlook ■ Google Docs, Google Calendar ■ Editing, Proofreading Skills ■ Zoom, MS Teams ■ E-verify • Facebook, Instagram ■ ProShow Producer Slideshaw Creator ■ Bilingual Spanish PROFESSIONAL EXPERIENCE APPLEONE EMPLOYMENT SERVICES, Mission Viejo, CA Recruiting Consultant Oct. 2021- Present ■ Continuously develop applicant base through recruiting, reactivating, reassigning, and referrals • Past job advertisements, screen candidates, interview qualified candidates; conduct job matching, reference checks, background checks, submissions, interview preparations, and placements ■ Interview, evaluate, and reference candidates to determine their skill level ■ Maintain accurate reoords, including timely data entry, candidate outreach and email exchanges Operations Coordinator f Recruiting Consultant March 2020—Oet. 2021 ■ Receive incoming telephone calls from candidates and clients, engage callers with care and compassion. Email accurate messages to staff • Process weekly payroll utilizing strong computer skills and problem solving, with an eye to detail ■ Schedule candidate interviews via Zoom or MS Teams, add to calendars; email interview confirmations and virtual media links ■ Support branch operations by processing applicants, onboarding, e-verifying, and implementing office procedures and systems ■ Post job advertisements, screen candidates, interview qualified candidates; ccnductjob matching, reference checks, background checks, submissions, interview preparations, and placements • Provide recruitment and candidate relationship support to a designated client, typically with a focus on volume client accounts Operations Coordinator (temp.) Feb. 2020—March 2020 IRVINE COMMUNITY CHURCH, Irvine, CA Administrative Assistant (Part-time) April 2018—June 2020 • Produce and edit weekly Sunday morning bulletins, which provides useful information for all church attendees ■ Record, edit, and process videos of sermons; upload videos to church site on YouTube • Process and upload sermons (mp3 files) to the church website; include meta data with each audio file ■ Handle incoming phone calls, including calls from people in crisis; handle requests for benevolence, reply to incoming email; distribute mail; protect confidentiality in all matters ■ Proofread lesson notes and outlines to ensure accuracy ■ Assist pastors with various administrative needs (e.g., by creating bookmarks, fliers, sign-up sheets... } to address church business UNIVERSITY OF CALIFORNIA, IRVINE, Irvine, CA Academic Counselor, Division of Undergraduate Education 1991-2001; 2004 ■ Conducted academic advising sessions for incoming undecidedlundeclared freshmen, with special attention to University requirements, breadth requirements, and school and major requirements ■ Answered questions regarding class scheduling, placement tests, and course prerequisites; helped students select appropriate course schedules so they would make progress toward school, breadth, and major requirements ■ Assisted prospective, incoming, and currently enrolled students regularly, giving them direction, advice, and guidance regarding UCI majors and major requirements; provided general university information ■ Served as the advisor for the University Program for High School Scholars (UPHSS), guiding and directing high school students into appropriate UCI courses for high school and college credit 11 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 10 AppleOne will be a strategic partner to the City in its effort to procure temporary staffing in an efficient and expeditious manner, assisting all departments in filling as -needed vacancies with well -trained and diverse personnel. Our core capabilities in human capital management and 58 years of experience in the industry afford us a deep understanding of challenges and needs across the industry. Recruitment One of the many rules AppleOne abides by is that the wider 77 ' 2 Self -Recruiting the regional exposure to qualified talent, the better 26 3 ]6 a placements one can make. While the typical employer draws candidates from three to six sources, AppleOne draws talent 24 5 from 25 or more sources. We utilize every available resource 23 s when it comes to recruiting, from traditional approaches such 22 wish T as job postings and job fairs to the more modern methods of AppieOne social media advertising and job sites. We also capitalize on 2' a our history in the local market to find top talent. xo 1_Wk Awt` R AppleOne's recruiting and matching processes play a key ,g / ,o factor in our continued success in quickly supplying high- to quality staff. By implementing a staffing and recruiting plan „ ,6 12 that is reflective of the latest industry trends in technology, 16 73 skill demands, and compensation structures, AppleOne is able to take elements like environment, structure, culture, tasks, and goals into consideration to obtain the best qualified candidates. Through needs analysis and benchmarking, we are able to recruit candidates who not only meet the needs of the City, but identify candidates with the strongest likelihood to succeed in particular working environments. Hence, we can proactively recruit, hire, train, and retain quality personnel. A dedicated Hiring Advisor assesses your needs onsite, then creates a Branding & Recruiting Strategy Employer Branding Customized Chent National Candidate Global Recruiting Opportunity Marketing Plan Ril l Portal C 4 W .d To accomplish this, we utilize powerful proprietary systems and tools to assist AppleOne's recruiters in writing and placing employment ads. We also employ on-line registration and database systems that allow us to aggregate and maintain a vast pool of local, qualified candidates, giving our recruiters instant access to the right people at the right time. "` d The job -order filling procedures at AppleOne are Global Jab Advertising Social Recroitmg Neatlhunling industry Trade Shows Certified _ based on our in-depth knowledge of the needs of ZZ � 1^1 [a clients and our dedication to gaining and National Job Sister Company's Individual Resume maintaining an understanding of your unique oponing Portal Network Job Fairs Databases staffing needs. AppleOne finds that one of the best ❑' J e4ways to deliver qualified candidates is to perform 2e17 Uknt-Self-See arch job profiling and benchmarking, establishing Raerulhng Qalabase parameters that will assist in identifying the skill levels required to succeed in clients' specific working environments and gaining a clear understanding of what that environment will entail. Technology plays a key role in the success of AppleOne's service offerings. AppleOne achieves the highest level of effectiveness and economy in delivering precisely targeted staffing solutions by integrating all staff member's 12 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 experience and expertise with cutting -edge technological resources developed in-house by AppleOne's staff: JobCaster: A powerful proprietary system which is utilized for enhancing the database of available candidates to fill job orders from the City. JobCaster speeds the recruitment process by assisting with the writing and placing of advertisements. Once the job posting is composed it is broadcast to more than 75 of the most popular career sites. These include, but are not limited to: Monster, CareerBuilder, Linkedln, Indeed, Dice, Glassdoor, SimplyHired, and ZipRecruiter. JobCaster can be customized to target specialized career sites most appropriate to the job classifications needed. ZipRecruiter eareerbuilder j monstercom G glassdoor Linked � MiracleiWo kern indeed kjo b s Over 75 of the Top Recruiting Sites AppleXpress: An automated client/server tool to intake and store qualified applicant resumes. Relevant information on all potential candidates, including resumes and personal profiles gathered from each expertly structured candidate interview, is entered into the AppleXpress system, where they can be filtered according to a customized pre-screening process. This process can include customized searches for applicants based on location, skills, education, salary range, experience, key words, and other qualifications that may be requested. AppleXpress even allows clients to search AppleOne's pre -qualified candidate base from their own computers. As a further time saving measure, all applicant information is received directly into AppleOne's Office Automation database digitally, making their information instantly available to AppleOne's clients, reducing the need to transcribe information into the system. As one of the proprietary systems at AppleOne, AppleXpress is a revolutionary tool that allows clients the opportunity to identify candidates, schedule interviews and dispatch temporary associates in one comprehensive solution. Office Automation: AppleOne utilizes a software system called Office Automation (OA). This internal management software database allows our staff to index information on our temporary associates' and client companies, which in turn is shared on our network. Using this software, AppleOne can easily track and match candidates, allowing our branch offices to quickly select a pool of temporary associates from our entire national network. Using OA, AppleOne fully services our clients, including large organizations with locations across the country. OA also has the ability to download resumes and generate client reports. In addition, all correspondence with both client and associate is documented. Universal Search: A network portal which allows our recruiting professionals to respond to our clients' needs with unprecedented speed and precision, tapping into a vastly larger candidate pool to capture more accurate results. The software scours through the million -plus candidates in AppleOne's database of detailed personnel profiles gathered from expertly structured associate interviews to include personalities, temperaments, and strengths, as well as backgrounds and activity comments left by other AppleOne account managers. Qualified candidates are rapidly tracked and identified, staffing vacant positions more quickly and efficiently than ever. AppleOne invests in the best tools and processes to provide the highest standards in talent screening and benchmarking. We are ISO 9001:2015 and Department of Homeland Security ICE IMAGE certified to ensure a thorough and consistent evaluation process, which includes extensive interviews with each applicant using behavioral -evaluation techniques. Our staff invest the extra time to learn an individual's aspirations, talents, skill level, experience, preferred work environment, and other variables such as work styles, allowing the applicant to be placed in the position best -suited to their personality and skill set. Personnel profiles are created for every candidate entered into our OA system. As part of our standard Job Order process, specific thresholds and custom requirements can be set, including basic qualifications, to evaluate and determine a candidate's disposition at 13 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 every step of the requisition process. As part of our comprehensive approach, we bring a structured continuous process improvement with knowledge transfer and lessons learned to all our activities. AppleOne will be working closely with the City. Our project and programs staff will work to fully understand and implement what has been successful and how to identify and resolve potential issues should they arise. We also, as part of our commitment to knowledge transfer, will work with District staff to incorporate the most useful aspects of our methodologies and activities into internal department efforts. We have developed an overall strategy and approach that addresses the following priorities and demonstrates our value to a project and contract. We will listen carefully to management, and identify the value AppleOne can bring in our approach to address priorities and mission objectives. Procedure For Requesting Personnel The City's notification of need will initiate AppleOne's streamlined job ordering process. AppleOne has a standardized Job Order Response Process that provides an overview of how we will ensure the availability and qualifications of contractor personnel. The breakdown of AppleOne's Job Order Response Process is as follows: • Step 1— Job Order Submitted: Job Order is submitted by the City to an AppleOne account management team member via your preferred method (phone, fax, or the Internet). The PM, Ms. Rion Carr, will serve as the single -point -of -contact for the City. • Step 2 — Acceptance of Order and Initial Response: The AppleOne account management team accepts the order and enters it into AppleOne's internal Office Automation database. Ms. Carr or Ms. Hulse (Assistant PM) will respond within 4 hours or less to confirm that they received the order as well as provide a status update. Working collectively, all team members of the Orange County branch will identify potential candidates for the City's consideration. Further information may be requested at this stage from the contracting officer or department head at the City. • Step 3 — Evaluation Process: Once a qualified candidate is identified, AppleOne completes a customized evaluation process for the City. This includes an in-depth, in -person interview, as well as review of job requirements and expectations, and verification of references. If the candidate meets all requirements and accepts the positions, we will move onto the next step. If not, the previous step is repeated until a qualified candidate match is made. • Step 4 — Interview/Final Approval: The candidate is then interviewed or presented for a final approval by the City. AppleOne will notify the temporary associate in writing with information specific to his or her assignment if the position is accepted. • Step 5 — Orientation: Prior to the start date, AppleOne will provide the candidate with a full orientation on the job and the City environment, as well as information on how to complete their timecard or assign them a badge/password for AppleOne's Web Time Capture software. • Step 6 — Quality Control: On the first day of assignment, a member of the account management team will conduct a quality control call to the candidate's supervisor. At the end of the first week, another quality control check will be completed. Afterwards, the team will conduct ongoing quality checks to ensure that the candidate is performing up to, or better than, expectations for the City. Placement Of Personnel AppleOne knows that having the best in professional personnel is integral to the ongoing success at the City locations. Our precise, comprehensive methods for providing staffing services will ensure that the City obtains the maximum projected value for each dollar of expenditure. We remain committed to providing personnel with the skills, experience and character to excel in their positions with the City. 14 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 Our service delivery performance measurements are devised based on our quality driven customer centric approach. Our efforts are focused on achieving the goal of Excellence in all aspects of service, and these including: • On -time availability of the candidate: After selection of the candidates, AppleOne ensures timely availability of the candidates. They will start on the agreed to date and time. • Monitoring of hours: AppleOne conducts regular monitoring of employee hours while on assignment. This will serve to ensure they do not exceed maximum allowable hours in a calendar year with the City. • Background check compliance: We ensure that all candidate submitted to clients are cleared to work, and all background checks have been completed in accordance with all client requirements. • Close monitoring of the services performed: We monitor the performance of the staff engagement on a continuous basis and in consultation with the designated client manager(s). • Performance evaluation of services delivered: AppleOne reviews the performance of our services delivered on a quarterly basis. In this connection, the City designated staff receives one -page performance evaluation document from AppleOne. This evaluation helps AppleOne to discuss where our performance is exceeding and the areas, which would need further efforts to develop. This feedback mechanism helps us and our candidates to improve their skills, knowledge and personality. • Replacement of candidate: In the rare case that there is a need for replacement of a candidate, AppleOne ensures replacement is provided to the client within 5 days of such situations. The first week of the replaced candidate is not billed to the client. • Defect Prevention Program: This program, used across the board, is aimed at achieving quality improvements in all phases of AppleOne service deliveries as defined above. This has been implemented by setting quality standards for How can we serve our customers better? One of the important measurements we have in place is —'Continuous review of our business processes' for delivering value added services, quality and responsiveness, timeliness of deliverables, risk minimization and cost effectiveness. Implementing Customer Feedback Evaluation Process: We believe such quality of service measures as customer feedback surveys play an essential role in cementing a satisfactory relationship between supplier and customer, as well as uncovering a potentially serious problem. Management Monitoring and TQM in our service delivery to our Clients: We believe in Total Quality Improvement Programs (TQIP), which is the cornerstone of AppleOne's business strategy. It is a structured, planned approach to continuous quality improvement and establishes an ongoing quality management program in every aspect of our business. Its goal is to create a customer oriented quality culture committed to making quality improvement a permanent way of life for the company. Its major elements are: o Management commitment o Functional organization ownership in approach o Employee involvement at all levels o Practical measures to track progress o Recognition for team and individual performance o Ongoing training and communications. Our emphasis is on quality services and we continuously improve our business processes to support our service delivery model. This allows us to refine our function processes in each area of services (human resources, sales and marketing, contracts and client relationships) with the overall result providing us a capability to be highly responsive to client needs. We maintain a large database of qualified candidates who are available for projects. 15 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 Screening The expertise of AppleOne's account management team, combined with the consistency in evaluation standards provided by the structured interview guide, will ensure that all candidates not only have the skills requirements needed for positions, but the reasoning ability and work ethic to excel in those positions. AppleCore Behavioral Assessments To enhance AppleOne's ability to find skilled, able, and educated candidates for government and public sector entities, AppleOne uses the AppleCore Assessment Series, a validated applicant classification system that focuses on soft skills like customer service, aptitude, and attitude. The content underlying these tests was carefully studied and determined to be related to the job performance of AppleOne positions. All AppleOne tests have a proven track record of success, showing that those who take the tests have better performance on the job, significantly increasing their productivity. We have in place assessment tests for all types of job categories. If needed, AppleOne's assessment series can be customized to meet clients' specific requirements for temporary personnel. Candidate Skill -Based Assessment AppleOne extensively tests candidates on their software proficiency, particularly important in today's high-tech and increasingly work -from -home environment. Using the sophisticated evaluation and training system of SHL TalentCentral, in partnership with IBM Kenexa, AppleOne leverages the platform's behavioral science techniques to measure traits, skills, and culture fit of each candidate. Benefits of the TalentCentral platform include: Mobile/Tablet Capability: User interface employs responsive design principles, dynamically adjusting to the type of display the candidate is using, supporting a wide variety of devices. Languages: Currently available in over 40 languages and offers expansive globalization abilities. Accessibility: User-friendly experience for candidates with a range of disabilities, including those who use assistive technologies such as screen readers. Prior to assignment, AppleOne is able to test candidates on over 250 applications across several disciplines that simulate the work to be performed at any location in the City's network. For administrative and clerical candidates, for instance, TalentCentral allows for in-depth evaluation of the various skill sets. Test titles include: ADM IN ISTRATIVE/CLERICAL Business Writing Microsoft Internet Explorer Counting Microsoft Office Suite Customer Service Mindset Survey Proofreader Marks Data Entry 10 Key Punctuation Email Etiquette Reading Comprehension English as a Second Language Recruiting Fundamentals Filing by Name Sales Concepts Following Verbal Instructions [audio] SAS 9 - Data Analyst Following Written Instructions Shorthand Healthcare Benefits Knowledge Software Quality Assurance Human Resources Basics Software Testing Human Resources Benefits Knowledge Spanish Basic Office Skills Internet Basics Spanish Basic Reading Comprehension Internet Research Skills ISpanish Office Grammar and Spelling 16 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 ADMINISTRATIVE/CLERICAL TESTS Interviewing and Hiring Concepts Spanish Typing - General Listening Skills [audio] Spanish -English Bilingual Macintosh Basics OS 9 Technical Terminology Mailroom Management Skills Translation Sample - English to Spanish Marketing Fundamentals Translation Sample - Spanish to English Matching (Alphanumeric, Numeric, Images) Typing - General Math Word Problems Vocabulary Microsoft Windows jWriting Sample (letters, etc.) For Accounting and Finance positions, AppleOne uses the Accounting and Financial Knowledge test package to evaluate core accounting and finance competencies. Testing titles include, but are not limited to: • • Accounting Terminology Cost Accounting MYOB Accounting Plus Accounts Payable Financial Analysis Partnership Tax Accounting Accounts Receivable Financial Management Payroll Clerk ACCPAC Pro Series Fixed Assets Payroll Management ADP - Payroll General Accounting Peachtree Accounting Advanced Accounting General Ledger Knowledge QuickBooks Pro Auditing Individual Income Tax Quicken Bookkeeping - Professional JD Edwards Sage MAS 90/200 Business Income Tax MAS 90 - Bookkeeping Simply Accounting Corporate Tax Accounting Microsoft Dynamics GP Platform -Specific Testing For clients who wish candidate skill assessments specific to Microsoft, Adobe, and other software suites, TalentCentral offers several assessment options, including but not limited to those listed below. ACCPAC Pro Series SOFTWARE PLATFORM Lotus 1-2-3 Millennium Microsoft Word Adobe Acrobat Lotus Freelance Graphics Millennium MYOB Accounting Plus Adobe Flash Lotus Notes Netscape Navigator Adobe Flex Lotus Word Pro Millennium Peachtree Adobe Illustrator MAS 90 — Bookkeeping Peachtree Accounting Adobe InDesign Microsoft Access QuarkXPress Adobe PageMaker Microsoft Excel QuickBooks Pro Adobe PhotoShop Microsoft FrontPage Quicken ADP - Payroll Microsoft Internet Explorer Sage Line 50 Corel Presentations Microsoft Office Integration Sage MAS 90/200 Corel Quattro Pro Microsoft Outlook Sage Peachtree Pro 17 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 Corel WordPerfect SOFTWARE•' Microsoft PowerPoint Sage Simply Accounting Pro Desktop Publishing Theory Skills Microsoft Project Simply Accounting FileMaker Pro Microsoft Publisher Summation Blaze JD Edwards Microsoft Windows Summation iBlaze A similar array of relevant software- and hardware -skills tests are available through TalentCentral platform for Customer Service, Program Management, Professional, Technical, and other labor categories as needed. Background Checks Prior to sending an employee to work for the City, AppleOne's account management team, in conjunction with the appropriate representative, will confirm which pre -employment background checks are required for the position(s) in question. In order to ensure that AppleOne's clients receive the best candidates in an efficient manner, AppleOne utilizes its affiliate company, A -Check Global (A -Check), an internationally -recognized and respected employment screening organization, to conduct extensive background checks as needed. In addition to criminal background checks, reference checks, and drug testing, pre-screening may include social security checks, education verifications, DMV verifications, employment certifications, social security traces, and more, as allowed by local, state, and federal law. A-Check's services are available for AppleOne's employees and clients' permanent employees. We also understand that the City may elect to conduct its own background check on temporary personnel. To maintain Fair Credit Reporting Act (FCRA) compliance, is it AppleOne's policy to provide clients with an attestation of background screen completion pursuant to the client's requirements, but not the actual results. Contact with and updates to the candidate are frequent, to both ensure the background check process is on track and that they remain invested in the position. An overview of our available background check offerings are included in the tables below: BACKGROUNDAVAILABLE Criminal Felony / This includes a one (1) county, one (1) name, criminal record search of felony records, and Misdemeanor— will include misdemeanor records when available. All information will be obtained at the courthouse by a dedicated county researcher unless direct connection to the courthouse is 7 years established. Five (5) and 10 year options are also available upon request. Criminal Search - This search includes a one (1) name federal criminal record search of federal records. All National Federal information will be obtained through the Federal Public Access to Court Electronic Records - (PACER) system with on-line direct connection to records and dispositions. Five (5) and 10 7 years year options are also available upon request. National Criminal This search includes one (1) name. A -Check Global's National Criminal Database search Database Search (NATCRIM) includes over 250 million criminal records from all fifty states, the District of — Columbia and Puerto Rico. This database search perfectly complements county courthouse 7 years searches by increasing the chances of catching additional criminal data from places of work or residence not disclosed during the application process. Results are available within 18 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 BACKGROUNDAVAILABLE minutes when ordered via A -Check DirectTm and all information reported is FCRA compliant. Five (5) and 10 year options are also available upon request. While convictions for sexual offenses will appear upon the criminal record in the county or state where the offense was committed, oftentimes sexual offenders will relocate where National Sex their criminal records will not reflect the offense. Information returned from sexual Offender Registry offender registry inquiries may include: name, AKA name, physical characteristics, date of birth, residential address, employer, county, state of conviction, date of conviction, and offense(s). County Civil Includes one county, one name search obtained by a court researcher at the county Records Search courthouse. Information obtained may include plaintiff and defendant's actions, case outcome. Compliance Link Comprehensive list of Compliance searches available upon request. Search Motor Vehicle Depending on state law, search will reveal a three (3) to five (5) year driving history. Records- Reported information will include type of license, any violations, disciplinary actions, Driver's Report convictions, issue date, expiration date, revocations, suspensions, accidents, status and restrictions. A -Check will verify a professional reference by seeking answers to predetermined questions Professional including information on communication skills, work attitude, professionalism and Reference punctuality. This information will be obtained through a phone interview with a former supervisor or personnel department. Contact up to three (3) times daily, made for up to three (3) days. Documentation will be requested from the applicant for any verifications of employment not obtained. Employment A -Check will verify present or past employment to include position(s) held, dates of Verification - Plus employment, salary, confirmation of specific job duties, reason for leaving, eligibility for re- hire, and overall job performance. Information will be obtained through phone interviews with former supervisor or personnel department. Pricing is per individual screened. Education Contact up to three times daily, will be made for up to three (3) Days. This search verifies Colleges/Universities attended with dates of enrollment, Verification - Major/Degrees obtained, Grade Point Average, and professional certification. Pricing is per Basic individual screened. Professional This search verifies a professional license or professional certification. Additional fee if License transcripts are requested or if educational institution/licensing body requires use of a Verification records clearinghouse. This report provides information into a person's financial background. It also provides Credit Report present and past addresses, current and past employers, and verifies and identifies users of the social security number provided. Social Security This search verifies the Social Security number provided is valid, the person/people Trace associated with the number, current and past addresses, and current and past employers. Drug Testing A -Check is a full service, turnkey national drug -testing administrator. Their program includes the analytical testing services of over 35 of the finest certified laboratories. They utilize Quest Diagnostics and LabCorp (Laboratory 19 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 Corporation of America) Patient Service Centers (collection sites) and Laboratories as well as collection facilities and laboratories of Concentra and U.S. Healthworks. A -Check can generally provide in -network collection facilities within a 25-mile radius of our clients' locations. They work closely with clients and make every effort to incorporate facilities already established within their network of clinics and hospitals, if one exists. If an in -network site is unavailable or not within a reasonable distance, then a third party (out -of -network) facility will be established. When a third party collection facility must be set up for remote offices outside of the 30-mile radius. A -Check can set up an account with any collection facility and/or lab a client chooses. However, they are able to offer large discounts by utilizing in -network collection facilities and laboratories, and are able to offer electronic self -scheduling if clients use our in -network partners. Their collection and lab partners are the largest and most trusted in the nation, so it is likely that the client is already using them. A-Check's drug screening programs aid in protecting our clients from the negative effects of substance abuse. Their Occupational Health Screening services help ensure candidates are fit for duty. Services are available for regulated and non -regulated industries. A -Check performs 5-, 10-, and 12-panel urinalysis tests utilizing EMIT (Enzyme Multiple Immunoassay Test), performed by their laboratory partners along with Adulteration Testing via PH, Specific Gravity, and Creatinine; GC/MS (Gas Chromatography/ Mass Spectrometry) Confirmation Testing, and Medical Review Officer review of results. They also administer Saliva Testing, Hair Testing, and BAT (Breath Alcohol Testing). Their network of medical services providers and collection facilities allow A -Check to support complex drug screening program. NON D.O.T 10-Panel This includes screening for ten (10) categories of drugs including Amphetamines, Drug Screening Barbiturates, Benzodiazepines, Cocaine, Marijuana (THC), Methadone, Methaqualone, Opiates, Phencyclidine (PCP) and Propoxyphene. NON D.O.T 10-Panel This includes screening for ten (10) categories of drugs including Amphetamines, Plus Extended Opiates Barbiturates, Benzodiazepines, Cocaine, Marijuana (THC), Methadone, Drug Screening Methaqualone, Opiates, Phencyclidine (PCP), Propoxyphene and Extended Opiates. Negative results are returned in 24 hours after the specimen is received by the SAMHSA-certified lab and positive results (non -negative) are usually returned in 48 to 72 hours after the specimen is received by the SAMHSA- certified lab. AppleOne invests in the best tools and processes to provide the highest standards in talent screening and benchmarking. We are ISO 9001:2015 and Department of Homeland Security ICE IMAGE certified to ensure a thorough and consistent evaluation process, which includes extensive interviews with each applicant using behavioral -evaluation techniques. Our staff invest the extra time to learn an individual's aspirations, talents, skill level, experience, preferred work environment, and other variables such as work styles, allowing the applicant to be placed in the position best -suited to their personality and skill set. 20 Prescreen Job Specific Interview Firsthand References Skills and Traits Evaluation Background Verification Candidate Profile Presentation Candidate Interview Preparation Selection Debrief Job Offer Negotiation APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 Personnel profiles are created for every candidate entered into our OA system. As part of our standard Job Order process, specific thresholds and requirements can be set, including basic qualifications, to evaluate and determine a candidate's disposition at every step of the requisition process. Reference Checks AppleOne's policy regarding reference checks is to acquire at least two (2) positive references from each employee's most recent employers. AppleOne will verify a professional reference by seeking answers to predetermined questions including information on communication skills, work attitude, professionalism and punctuality. This information will be obtained through a phone interview with a former supervisor or personnel department. If requested, AppleOne can also submit a Work Performance Evaluation form to prior employers to get a more detailed reference profile. The form can be customized to meet District requirements. In addition to references, successful candidates must have also: • Completed and signed all required pre -employment paperwork, including our "Best Foot Forward" agreement, confidentiality and arbitration agreement, and our background investigation consent form • Provided all required 1-9 documentation • Favorable in -person interviews with our branch team members • Have passed any required skills tests with scores acceptable to the City Structured Interview AppleOne conducts an interview with each candidate to determine their needs, desires and goals, as well as to determine if they are right for our clients. Taking advantage of the expertise gained from more than 59 years in the staffing industry, AppleOne developed a structured interview guide to assist staffing managers and recruiters in conducting focused interviews with each candidate to eliminate nonproductive processes. The structured interview guide was designed to identify how well a candidate effectively performs as an AppleOne employee. The interview guide asks questions related to the applicant's work history, interpersonal and team skills, creative problem solving, professionalism, and communication skills. The applicant's responses help us assess how they have responded in past work situations. Questions are framed in this way because research has shown that past work behavior is one of the best predictors of future work behavior. Please see references included on the Attachment B — References form. Please see pricing included on the Attachment G — Cost Proposal form. 21 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 VI . Certilications (Attachments) Please see the required certifications and forms on the following pages. Please see references included on the Attachment B — References form. 22 APPLEONE EMPLOYMENT SERVICES, RFP RESPONSE USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. AppleOne, Inc. dba AppleOne_Employment Services (866) 493-8343 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 327 W. Broadway Glendale, CA 91204 BUSINESS ADDRESS Thai Ngo Chief Financial Officer PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF 95-2580864 4/13/2023 govnoticesC!)appleone.cQm AGENT DATE FEDERAL ID NUMBER (IF APPLICABLE) E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 E) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: The City of San Clemente Contact Individual: Address: 910 Calle Negocio Phone Number: San Clemente, CA 92673 EMAIL: Contract Amount: Varies Year: Melissa Barber (949) 361-6100 BarberM@san-clemente.org 1999 - Present Description of supplies, equipment, or services provided: Temporary services across several separate city buildings. REFERENCE Customer Name: The City of Santa Ana Contact Individual: James Murray Address: 20 Civic Center Plaza Phone Number: (714) 667-2700 Santa Ana, CA 92701 EMAIL: Contract Amount: Varies Year: Description of supplies, equipment, or services provided: Temporary services across all departments. jmurray@santa-ana.org 2018 - Present REFERENCE South Orange County Customer Name: Wastewater Authority Contact Individual: Dina Ash Address: 34156 Del Obispo Street Phone Number: (949) 234-5418 Dana Point, CA 92629 EMAIL: dash@socwa.com Contract Amount: Varies Year: 2002 - Present Description of supplies, equipment, or services provided: Temporary and temporary to hire services in Finance, Administrative and very light industrial roles. Direct hire services for specialty roles. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (14) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm AppleOne, Inc. dba AppieOne Ernployrnent Services Signed and Printed Name: Title Chief Financial Officer Date 4/ 13/2023 Thai N THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 CITY OF SANTA ANA ATTACHMENT ❑ NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true, and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit: is part of the proposal, Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisf evidence to be the person(s) who appeared before rne. rlase S ee aid Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 JURAT A notary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to before me on this 1b�lh day of q6l AR3 by who proved to me on the basis of satisfactory evidence to be the person who appeared before me. WITNESS my hand and official seal. MICKELLE FFANANDO Notary Public. Callrornla ya Lof Arles County COMM110pn r 23A5tS3 ! �...--.! y Comm. CxPIrn naZ�n"iv Signatur o Notary Public (Notary Seal) DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such ubrecipients shall certify and disclose accordingly. Signed: Title; Chief Financial Officer Firm: AppleOne, Inc. dba AppleOne Ernploymenl Services Date: 4/13/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 0 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for farther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 (a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Chief financial Officer Firm: AppleOne, Inc. dba AppleOne Employment Services Date: 4/13/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT ❑O NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 aCITY OF SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/80 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY OF SANTA PRICING W or ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Overtime CLASSIFICATION Rate Bill Rate Mark-up Accountant $ 28.00 $ 42.56 $ 47.12 52 % $ 63.84 52 % Accounting Assistant $ 24.00 $ 36.48 $ 38.00 52 % $ 54.72 52 % Legal Secretary $ 28.00 $ 42.56 $ 47.12 52 % $ 63.84 52 % Office Specialist $ 21.00 $ 31.92 $ 34.96 52 % $ 47.88 52 % Paralegal $ 30.00 $ 45.60 $ 50.16 52 % $ 68.40 52 % Receptionist $ 20.00 $ 30.40 $ 33.44 52 % $ 45.60 52 % Secretary $ 23.00 $ 34.96 $ 38.00 52 % $ 52.44 52 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 52 OTHER TECHNICAL AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. Graphic Design Marketing Senior Administrative Roles Senior Finance Roles Specialty Positions on a direct hire basis DIRECT HIRE PLACEMENT Direct Hire Lump Sum Fee (Please Explain Below) 20% of the annual salary Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competitive recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please DocuSign Envelope ID: 01AF1CC8-B77B-44CE-8C90-3E207F451847 aCITY OF SANTA ANA explain briefly in detail your policy and pricing on the hiring of your temporary workers. Attach additional pages if required. AppleOne posts ads, recruits, screens, interviews, evaluates and reference checks our candidates prior to placement. We also run a background check on candidates who we employe at the City of Santa Ana. Our pricing is inclusive of this extensive screening process, background checks, all fees associated with having an employee, ACA and benefit costs, onboarding with specific, mandated trainings and CA mandated sick pay. Our pricing excludes credit checks, which we will bill back at a cost of $12. Direct Hire: 20% of the candidate's annual salary. 1 to 90-day free replacement guarantee. Should the position be vacated due to termination or resignation between 1 and 90 days, AppleOne will refill the position at no additional cost. Please note we replace the original position. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CATHYJON ENTERPRISES, INC. DBA HB STAFFING FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between CATHYJON ENTERPRISES, INC. dba HB Staffing ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal ("RFP") No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of temporary employee staffing services on an on -call basis for the City's Human Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 9 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026 for an initial three-year term, with the option for the City to grant up to two, one-year extensions exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Page 2 of 9 the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subconsultants. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office ("ISO") Form Number CA 00 01 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Page 3 of 9 General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Jonathan Paul Vice President/GM of Government Solutions Cathyjon Enterprises, Inc. DBA HB Staffing 7711 Center Ave, Suite 670 Huntington Beach, CA 92647 Fax: 650-241-1385 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: NATHAN T. MARTA<EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: 6/5/2023 JONATHAN PAUL Vice President/GM of Government Solutions Page 9 of 9 EXHIBIT A SCOPE OF SERVICES a CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS 1. Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CaIPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. a CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name / Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. a CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CalPERS rules regarding CalPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined ate?)CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https://www.governmentmobs.com/careers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. EXHIBIT B CONSULTANT'S PROPOSAL r B STA F F I N G POWERED BY A//RRAY jiII �^71F - - gig! Provider of Workforce Solutions San Diego 9655 Granite Ridge Drive, Suite 200 San Diego, CA 92123 (714) 960-2800 [ ] (rug) 569-2848 www.hbstaffing.com Huntington Beach Headquarters 7711 Center Ave, Suite 670, Huntington Beach, CA 92647 (714)960-2800 F_R] (619)569-2848 Inland Empire 1255 W. Colton Avenue, Suite 124 Redlands, CA 92374 (714) 960-2800 F_5� (619) 569-2848 1. Statement of Qualifications (SOQ) Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 2 of 23 Table of Contents 1. Statement of Qualifications (SOQ) 2 Table of Contents 3 a. Cover Letter 4 b. Services Provided 5 Interviewing and Selection 5 Standardized Assessment Process 5 Training and Support Services 5 Sick Leave Policy and Costs 5 Ongoing Quality Assurance 6 Performance Issues and Preventing Service Disruptions 6 Reporting 6 HB Staffing Temporary Employee Benefits 6 Equal Employment Opportunity Employer 7 Orientation and Training 7 Customized Orientation 7 Specialized Skills Training 7 c. Agreement Statement 7 d. Firm and Team Experience 8 Firm Description 8 Experience 8 Team Resumes 9 e. Proposed Work Plan 10 i. Anticipated Approach 10 Recruitment 10 Interviewing and Qualifying 11 ii. Suggestions or special concerns 11 iii. Description of deliverables and implementation plan 11 Onboarding 11 Ongoing Quality Assurance 12 Attachment A: Proposer's Certification and Proposal Item Pricing 13 Attachment B: References 14 2. Cost Proposal 21 Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 3 of 23 a. Cover Letter April 19, 2023 Lori Schnaider, Operations Manager City of Santa Ana — Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Response to RFP #23-051: Temporary Staffing Services Dear Lori Schnaider, Thank you for the opportunity to provide the City of Santa Ana ("the City") with a customized proposal, outlining our detailed service capabilities in response to RFP #23-051 for Temporary Staffing Services upon request to support for specialty areas that will include, but are not limited to, Accountant, Accounting Assistant, Legal Secretary, Office Specialist, Paralegal, Receptionist, and Secretary. We will demonstrate in our proposal why CathyJon Enterprises, Inc., DBA HB Staffing (a subsidiary of Array Corporation) can offer the best value and quality service while providing temporary personnel in conformance with contract requirements. HB Staffing is very qualified in providing Temporary Staffing Services and has ample experience with numerous cities, counties, districts, local authorities, and federal organizations. As a Minority -Owned Business, we are confident that our extensive experience within the specific classifications requested, financial capability, and quality staffing performance throughout the past twenty-two (22) years will prove us to be a qualified bidder for the City. Our delivery of reliable service will ensure good faith, quality performance on this contract. HB Staffing's proposer and primary contact person during the proposal process is Megan Ignacio, General Manager. She can be reached via phone at (657) 660-4116, email at mignacio@hbstaffing.com, or fax at (657) 660-4116 from our corporate address of 7711 Center Avenue, Suite 670, Huntington Beach, CA 92647. There are no events foreseen that could impede our ability to fulfill this contract. HB Staffing will not work with subcontractors on this contract, and we do not have any arrangements, formal or informal, with any other party that might interfere with our ability to provide independent and unbiased advice and assistance under this RFP. In addition, HB Staffing is a financially stable DE C-Corporation, with a strong positive cash flow. We have not defaulted on any of our contracts. In fact, we have sustained steady growth at 10-30% per year for the past four years. We look forward to supporting the City of Santa Ana's mission to "deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents." HB Staffing stands ready to deliver an exceptional experience as we accommodate the name's requirements and requests. I, Jonathan Paul, certify that I am authorized to legally bind CathyJon Enterprises, Inc. DBA HB Staffing, to a contract resulting from RFP #23-051 Temporary Staffing Services and that this proposal, with the total fixed price contained therein, shall remain firm for a period of one hundred eighty days (180) after the proposal closing date. I acknowledge all addenda. 4/19/23 Signature: Jonathan Paul, Vice President/GM of Government Solutions Date Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 4 of 23 b. Services Provided HB Staffing is highly qualified in providing Temporary Staffing Services and has ample experience with numerous cities, counties, districts, local authorities, and federal organizations. Our experience enables us to find and place qualified candidates quickly. We have the systems in place to have a candidate onsite in as little as 2-4 hours following the client's request. We have proven time and again that we can bring our recruiting methodology to markets where we have a limited candidate pool and supply a highly qualified group of candidates that exceed our client's expectations. HB Staffing trains temporary employees to be prepared for their assignments on Day 1. We ensure that our staff is educated on the City's procedures, fully prepped and trained to perform their assigned jobs, and professional in appearance. Interviewing and Selection 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 technology/software skills that contribute to successful placements. Recruiting best practices today include anticipating the City's needs and executing a recruitment and candidate screening campaign from the beginning of the award to identify and onboard highly qualified candidates relevant to the City's requirements. Our process is to identify 3-7 plausible candidates for each position that we are given the privilege to fill. While only one will be hired, the resumes and contact information of the remaining prospects are added to the database as immediate consideration for future vacancies. Should the City face another vacancy, a potential back -fill becomes immediately available. Our sourcing and recruiting staff is highly skilled and experienced in identifying the key skill and experience components to select the most qualified employees that the City will require. Standardized Assessment Process HB Staffing uses a "Quantum Gut Evaluation Rubric" to assess a candidate's skills, aptitudes, mindset, and expertise. 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. We ask the same questions of each candidate to minimize bias in our interview process. Training and Support Services HB Staffing provides mandatory Sexual Harassment Prevention Training to every employee. HB Staffing temporary employees will be provided with customized training to best prepare them to report for work assignments at the City and be successful. Vetted HB Staffing temporary employees will participate in a mandatory orientation customized to the City's workplace culture. Sick Leave Policy and Costs HB Staffing follows the mandated minimum California State requirements for sick leave, and we also follow the sick leave policy per the County/City policies. Temporary workers earn sick pay hours at the rate of one hour per every 30 hours they work. Eligible sick leave is tracked, but we use a lump -sum system which means they receive the full hours once they reach eligibility. After 90 days of employment, workers become eligible to use the accrued sick leave hours and may use up to 24 hours of sick leave per calendar year. Temporary workers may carry over unused hours into the next year. All of this is at no cost to the client. Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 5 of 23 Ongoing Quality Assurance Quality assurance is a corporate -level matter at HB staffing. As a minority -owned business, corporate support consists of Project Support, Employee Customer Service, and Quality Control. General Manager, Megan Ignacio, will act as the uniting person in this structure, providing the overall administration and coordination while maintaining lines of communication between HB Staffing and the City's project personnel. The purpose of quality assurance is to both prevent, as well as provide a simple, convenient approach to resolving problems. HB Staffing Key Personnel will be available to the City on a daily basis, giving us the flexibility to respond quickly to the City's questions and requests. We will provide the City with direct phone lines, fax numbers, and email addresses for all team members. Our prime objective is to ensure that the City receives the highest quality of service throughout the life of the contract; thus, all HB Staffing Team members are held accountable for quality assurance efforts right up to General Manager, Megan Ignacio, who is readily available 24/7 to answer any of the City's questions and concerns. Performance Issues and Preventing Service Disruptions In the event that any personnel placed by HB Staffing must be released for any reason, as per the City's request, we will not charge the City for the temporary employee's 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. Reporting HB Staffing uses a robust and customizable staffing software called Ultra -Staff EDGE Applicant, Client, and Employee Tracking System, which is fully capable of integrating the latest in data security, including cloud storage. Our Team will use this system's features to collect, maintain, track, and report all payroll, invoicing, and expense data and provide required reports. Ultra -Staffs cutting -edge system capabilities would complement the partnership between the City and HB Staffing. Through Ultra -Staff EDGE, the City would be given a Client Portal and an Employee Portal. Some of the key features include the ability to place job orders, receive candidate submissions, view employees, review past orders; review, modify and approve employee time entry (can be done 24/7 at your convenience); and view open/paid invoices. In addition to the City having access, all temporary employees will use Ultra -Staff EDGE to input their hours, which allows the City and HB staffing to view their hours worked. This user-friendly system makes timecards easy, accessible, and trackable. Additionally, Ultra -Staff EDGE generates consolidated management reports, including a weekly or monthly listing of all temporary employee hours worked and employment terminations. Reports can be customized in a variety of formats (including DOC, PDF, XLS, and CSV) for the City and are available on any periodic basis requested. We have Team Associates who can walk through Ultra -Staff EDGE training with users if needed. If a client chooses another option on time/attendance (such as manual timecards), we can accommodate. HB Staffing Temporary Employee Benefits HB Staffing values the most important part of our business: our temporary workers. One of our primary methods of reducing turnover is our comprehensive benefits package, which underscores and supports our commitment to retaining HB Staffing employees: • Competitive wages determined by careful analysis of the local labor market. • Medical coverage • Sick pay (accrued- up to three days per year) - eligible after 90 days of employment Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 6 of 23 • Paid holidays after meeting the 1000-hour eligibility threshold in a calendar year • 401 (k) Retirement Benefits • $100 referral bonuses Equal Employment Opportunity Employer As an Equal Opportunity Employer, HB Staffing is committed to a strong diversity and inclusion policy. Our diversity initiatives are not limited to our practices and policies on recruitment and selection; compensation and benefits; professional development and training; promotions; transfers; and terminations. We pursue the ongoing development of work environments built on the premise of gender and diversity equity that encourage and enforce respect within all work cultures that we staff. Our Minority -Owned Business does not discriminate against nor tolerate from our clients discrimination of candidates/employees based on race, creed, color, age, gender, religion, national origin, marital status, sexual orientation, veteran status, or any other protected categories under federal, state, and local ordinances. We take these issues seriously. Complaints are thoroughly investigated, with appropriate actions taken to resolve the situation. We will recruit, select and place candidates based on qualifications, competencies, and merit. This policy encompasses all aspects of the employment relationship, including application and initial employment, job assignment, selection for training opportunities, and salary/benefits. Orientation and Training HB Staffing's employee training for their positions with the City is two -fold: we provide a customized orientation, specific to the City job assignment; and we have specialized training in over 100 different subject areas designed to improve our employee's skills, when necessary. Customized Orientation HB Staffing temporary employees will be provided with customized training to best prepare them to report for work assignments at the City and be successful. Vetted HB Staffing temporary employees will participate in a mandatory orientation customized to the City's workplace culture. Specialized Skills Training Our parent company, Array, is a training and technology innovator which specializes in workforce skill/value enrichment. These unique technologies and training are aimed at supporting/increasing client production and satisfaction through a more skilled and motivated workforce. Over the next several months, we will begin rolling out our training program to all temporary employees. HB Staffing temporary employees will have access to hundreds of training videos and PowerPoints aimed at creating well-rounded and experienced employees. In addition, our employees will have access to training throughout the whole time working with HB Staffing for any further growth. We believe that training is vital because it enhances performance, boosts productivity, and reduces employee turnover. We shall pay our employees for any time spent taking synchronous training and for any approved 3rd party training. There is no limit to the amount of training that they're allowed to take and be compensated for. These costs shall not be transferred to the City; however, the City shall benefit from our highly -trained workforce. c. Agreement Statement HB Staffing concurs with all provisions as contained in EXHIBIT II. Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 7 of 23 d. Firm and Team Experience Firm Description CathyJon Enterprises, Inc., DBA HB Staffing was founded in April 2000 by staffing industry veterans Cathy Volpe and Jonathan Paul. Over its 22-year history, HB Staffing has dedicated its energies and resources to providing the highest level of service. We embrace an innovative and diverse company culture to meet the ever -changing temporary staffing demands of our clients and our employees. HB Staffing's cultural commitment to exceptional client services and employee betterment is inspired and enhanced by our parent company, Array Corporation, which acquired HB Staffing in October 2021. Array Corporation is a Silicon -valley based company focused on revolutionizing how labor is bought, sold, and delivered to enable universal access to the American Dream. HB Staffing operates independently with proven successful past performance and now enjoys the training and technology support afforded by an exceptional industry innovator. Since its inception, HB Staffing has placed thousands of talented individuals with over 1,000 businesses and government organizations. Currently, HB Staffing has 47 active public agency contracts. HB Staffing has ample experience providing services to numerous cities, counties, districts, local authorities, and federal organizations. Our core classification specialties are administration/office, accounting, professional (i.e., legal, insurance, HR), IT, manufacturing and assembly, events, and customer service & retail. Today, HB Staffing continues to be managed day-to-day by Megan Ignacio, our General Manager. Our dedicated internal Team of 17 places thousands of temporary personnel each year. Our nearest address serving the City of Santa Ana is our corporate office in Huntington Beach, California. We have additional offices in the Cities of Redlands and San Diego. Experience HB Staffing has been providing temporary staffing for 22 years; over the past 12 years, we have served dozens of public agency clients. 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. Our 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. HB Staffing was awarded the temporary staffing contract with the City of Santa in 2018 to ensure consistent availability for on -call employees as needed. Qualified, vetted employees have been placed in the following roles: Accountant; Accounting Assistant; Admin Assistant; Executive Secretary; Housing Specialist; HR Analyst; Legal Secretary; Maintenance Technician; Office Assistant; Office Specialist; Part-time Mailroom Clerk; Receptionist; Senior Accountant Assistant; Senior Admin Assistant; Store Clerk In addition, we have extensive past and current experience with public agency clients. Notably, we were chosen to be the PRIME contractor for the County of San Diego, CA, and staff approximately 50 departments within the County because of our excellent reputation for outstanding service and delivery. Our recruitment team focuses on providing exceptional customer service to counties, cities, authorities, districts, and federal departments. These are a few examples of the clients we serve: 1. Cities such as Santa Ana (since 2018), Huntington Beach (since 2010), Newport Beach (since 2015), Anaheim (since 2016), Irvine (since 2018), Murrieta (since 2018), California City (since 2018), Moreno Valley (since 2019), West Hollywood (since 2020), Redwood City (since 2020), Park City (UT) (since 2020), Redmond (WA) (since 2020), Encinitas (2021), Tucson (AZ) (since 2021), Board of Election Commissioners for the City of Chicago (IL) (since 2022), and Glendale (AZ) (since 2022), among others — providing services including general and multilingual clerical, Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 8 of 23 supervisory clerical, maintenance, utility workers, labor, accounting/finance, customer service, permit technicians, and IT personnel as well as payroll and direct hire services. 2. Counties such as County of San Diego (since 2017), County of Los Angeles Registrar - Recorder / County Clerk (since 2019), County of Riverside, ROV (since 2019), County of San Diego ROV (since 2020), County of Monterey (since 2021), County of San Bernardino ROV (since 2021) County of Frederick (MD) (since 2022) County of Placer (since 2022), County of Napa (since 2022), and County of Yolo (since 2022), among others — providing services including administrative, clerical, data entry, warehouse/general labor, stock clerks, accounting/finance, medical unit clerks, patient services representatives, investigative aides, and technical IT support services, in addition to other support personnel, including election support. 3. Districts such as Midway City Sanitary District (since 2007), Orange County Sanitation District (since 2018), Metropolitan Water District (since 2018), North County Transit District (since 2019), and South Coast Air Quality Management District (since 2020), among others — providing services including clerical, administrative, accounting, IT, customer service, marketing, and air quality instrument technician personnel. HB Staffing's proposer and primary contact person during the proposal process is Megan Ignacio, General Manager. She can be reached via phone at (657) 660-4116, email at mignacio@hbstaffing.com, or fax at (657) 660-4116 from our corporate address of 7711 Center Avenue, Suite 670, Huntington Beach, CA 92647. Team Resumes Megan Ignacio, General Manager 1 (657) 660-4116 1 mignacio@hbstaffing.com Role with the City: General Manager (GM) and Project Manager (PM) 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 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: Megan used to oversee all the recruiters at HB Staffing and now oversees the whole company, so she has experience with all our past projects. Megan is the project manager on county contracts, including the County of Los Angeles, Riverside, Orange, and San Diego; many municipal contracts, including, but not limited to, West Hollywood, Redwood City, and Moreno Valley; as well as district and authority contracts. She is also the Project Manager for our contract with the California Secretary of State, Department of ROV. Education and 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: Government Account Manager 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. Education and Credentials: Cristia has a Bachelor of Science in Business focusing on Human Resources Administration. Paige McAllister, Director of Recruiting 1 (909) 490-4796 1 pmcallister@hbstaffing.com Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 9 of 23 Role with the City: Alternate Project Manager (APM) and Director of Recruiting Qualifications: Before becoming Director of Recruiting, Paige began as a Recruiting Assistant, and rose through the ranks to Recruiter/Account Manager to Recruiting Manager/Account Manager finally to Director of Recruiting. Paige oversees all the recruiters at HB Staffing. She will be the main 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 the City of Moreno Valley, Housing Authority of San Bernardino County, Omnitrans, City of Murrieta, San Bernardino County Transit Authority, County of Riverside, and County of San Diego. Education and Credentials: Paige is currently completing her Associate in Business Administration from San Bernardino Valley College. Heather Robertson, Talent Engagement Manager 1 (909) 284-5183 1 hrobertson@hbstaffing.com Role with the City: Key Liaison for Talent Management 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 with 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. Alex Rendon, Payroll Specialist 1 (657) 660-3508 1 arendon@hbstaffing.com Role with the City: Point of Contact for Operations Qualifications: Prior to working at HB Staffing, Alex worked for four (4) years as a Tech Consultant, Recruiter, and HR Specialist. Alex first joined the HB Staffing team as a recruiter before being promoted to the role of Payroll Specialist. His experience working on the recruitment team has allowed him to excel in the Operations department with the knowledge he has of the front -office processes. Through this two -fold understanding of both operations and recruitment, he has shown himself to be a huge asset to our team by maintaining an A -level professional service to applicants, candidates, employees, clients and vendors by phone, email, or face to face. Alex is responsible for payroll, weekly invoicing, and handling accounts receivable activities; he also supervises and executes AR and Collections functions for public agency accounts. Alex has hands in every department ensuring that everything is running smoothly and efficiently within HB Staffing. Experience: Manage all daily clients operations: payroll, billing, contract compliance. Education and Credentials: Alex has a Bachelors of Arts degree in Psychology from the University of California, Riverside and a CTE Certificate in Human Resource Management from Cerritos College. e. Proposed Work Plan i. Anticipated Approach 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 Campaign — Our team will implement the recruitment plan based on information from the kick-off meeting, City's job category descriptions, and scope of work. We will recruit and attract relevant qualified personnel that 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. 2. Sourcing Candidates — HB Staffing recruiters will conduct an initial search within our database of over 8,000 vetted candidates. Our search efforts are enhanced by utilizing key talent portals such as Indeed, ZipRecruiter, and Craigslist, in addition to posting job offerings on our website and social Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 10 of 23 media sites (Facebook and Linkedln). We will expand search efforts using cutting -edge technological tools (i.e., Hiretual) to quickly and accurately source talent through key talent portals. 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. 3. 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. 4. Applicant Tracking — When a candidate is new to our system, our Recruiters will onboard them into our pool of candidates within our Ultra -Staff EDGE database. All candidates are onboarded into our system for future opportunities, regardless of whether or not they fit a specific job category. Interviewing and Qualifying 1. Gut Rubric — HB Staffing uses a "Quantum Gut Evaluation Rubric" to assess a candidate's skills, aptitudes, mindset, and expertise. 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. 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 in order to determine if 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 technology/software skills that contribute to successful placements. 3. Skills Assessments — Applicants who pass pre-screening will complete an online application and various skills assessments tailored to each position through PreValuate. With many assessments to choose from, should the City require a specific or elevated software proficiency, HB Staffing is more than willing to offer that assessment at no charge to the City. Test results, interview notes, credentials, and references are entered into our Ultra -Staff EDGE database. 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. Our process is to identify 3-7 plausible candidates for each position that we are given the privilege to fill. While only one will be hired, the resumes and contact information of the remaining prospects are added to the database as immediate consideration for future vacancies. Should the City be faced with another vacancy, a potential backfill becomes immediately available. ii. Suggestions or special concerns HB Staffing has no suggestions or special concerns. iii. Description of deliverables and implementation plan Onboarding 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. Background Checks — HB Staffing conducts a comprehensive background 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. Per the City's requirement, HB Staffing will also provide drug testing. We use Concentra as the primary vendor to administer drug screens to applicants. The results of these tests Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 11 of 23 are posted on a dashboard that is accessible by HB Staffing's recruitment team. Refusal to be tested for drugs or alcohol will be treated the same as a positive test result. 3. Job Start Confirmation — Our team will send a job start confirmation to the employee that includes the employee handbook, job expectations, and a customized orientation. Our team will also send the 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, as per the City's request, we will not charge the City for the temporary employee's 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. Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 12 of 23 VII. Certifications (Attachments) Prepared on 4/19/2023 by HB Staffing for the City of Santa Ana Temporary Staffing Services - RFP #23-051 13 of 23 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. CathyJon Enterprises, Inc. DBA HB Staffing LEGAL NAME OF COMPANY 7711 Center Ave, Suite 670, Huntington Beach, CA 92647 BUSINESS ADDRESS Jonathan Paul PRINTED NAME OF AUTHORIZED AGENT SIGNATURE TURE OF AUTHORIZED AGENT DATE 33-0907010 N/A p: (714) 960-2800 f: (650) 241-1385 PHONE AND FAX NUMBERS Vice President/GM of Government Solutions Iloilo jpaul@arraycorp.com E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 14 of 23 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: City of Santa Ana, CA Contact Individual: Cindi Sangenito, Executive HR Secretary Address: 605 West Santa Ana Boulevard, Building #20 Phone Number: Santa Ana, CA 92701 Contract Amount: $400,000 annually (714) 647-5374 EMAIL: csangenito@santa-ana.org Year: 2018 - 2021, with two (2) 1-year options Description of supplies, equipment, or services provided: Supplier of temporary clerical and administrative personnel REFERENCE Customer Name: City of Anaheim, CA Contact Individual: Luz Flores, Principal Human Resources Analyst Address: 201 South Anaheim Boulevard Phone Number: (714) 765-4572 Anaheim, CA 92805 EMAIL: Iflores@anaheim.net Contract Amount: $200,000 annually Year: 2016 - 2020; re -awarded 2020 - 2021, with a 2-year option Description of supplies, equipment, or services provided: Supplier of temporary clerical, administrative, accounting, customer service, and housing personnel REFERENCE Customer Name: City of Huntington Beach, CA Contact Individual: Debbie Gilbert, Senior Administrative Analyst Address: 2000 Main Street Phone Number: (714) 374-1643 Huntington Beach, CA 92648 EMAIL: dgilbert@surfcity-hb.org Contract Amount: Services are as -needed Year: Ongoing business since 2005 Description of supplies, equipment, or services provided: Supplier of temporary clerical and administrative personnel, as well as payroll only services THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 15 of 23 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm HB Staffing Signed and Printed Name: Title Vice President/GM of Government Solutions Date 4/19/23 Jonathan Paul THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 16 of 23 0 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed — -`__* State of I County of Su cribed d s orn to (or affirmed) before me on this LL day of // 20�, by .� &It, =7 , proved to me on the basis of satisfactory evidefice to be the person(s) who appeared before me. 3ETH FAAS Public - California Orange 232 a Commtss'op i 2?@CsrS [ \�Mr C:TT. E.,-es a, a 2C26 r Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. �/eaye see a7b(- ,,A,dV4 411'&9'& 1i%04[_1 rdy/�_ of 23 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 RANGE Subscribed and sworn to (or affirmed) before me on this 11 day of _APRIL , 20_23_, by JON PAU L _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 3ETH FaaS a _) Notary Public - Cau;-orni3 Orange Cc'nty % Commission - .339a-s5 /µy Ccmrr. Exoi*es Jar �. 2026 (Seal) Si natur �a� a CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Vice President/GM of Government Solutions Firm: CathyJon Enterprises, Inc. DBA HB Staffing Date: 4/19/23 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 19 of 23 a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract 20 of 23 a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Vice President/GM of Government Solutions Firm: CathyJon Enterprises, Inc. DBA HB Staffing Date: 4/19/23 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 21 of 23 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable (9) CITY OF SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/80 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY OF SANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Overtime CLASSIFICATION Rate Bill Rate Mark-up Accountant $ 31.00-$34.00 $ 45.26 $ 49.64 46 % $ 67.89-$74.46 46 Accounting Assistant $ 24.00-$28.00 $ 35.04 $ 40.88 46 % $ 52.56-$61.32 46 % Legal Secretary $25.00-$29.00 $ 36.50 $ 42.34 46 % $ 54.75-$63.51 46 Office Specialist $17.00-$19.00 $ 24.82 $ 27.74 46 % $ 37.23-$41.61 46 % Paralegal $ 29.00-$32.00 $ 42.34 $ 46.72 46 % $ 63.51-$70.08 46 % Receptionist $21.00-$24.00 $ 30.66 $ 35.04 46 % $ 45.99-$52.56 46 % Secretary $23.50-$27.00 $34.31 $39.42 46 % $ 51.47-$59.13 46 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 46 OTHER TECHNICAL AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. DIRECT HIRE PLACEMENT Direct Hire Lump Sum Fee (Please Explain Below) $ 20% of the first year's salary Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please 23 of 23 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HELPMATES STAFFING FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between Helpmates Staffing ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of Temporary Staffing Services on an on -call basis for the City's Human Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026, with the option for the City to grant up to two, one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office ("ISO") Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City.. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required Page 4 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to Page 5 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 6 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Rosalia Villa President Helpmates Staffing 1200 Main Street, Suite A Irvine, CA 92614 Fax: 949-752-5553 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, Page 8 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B ONATHAN T. MAR EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: DocuSigned dy- 2 6saut. Uri a 94, 4FEDDE6496... President Page 9 of 9 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 EXHIBIT A SCOPE OF SERVICES DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 0 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS 1. Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CaIPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 0 CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name / Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 0 CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CalPERS rules regarding CalPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 0 CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https://www.governmentmobs.com/careers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 EXHIBIT B CONSULTANT'S PROPOSAL DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 PROPOSAL Specifically prepared for: City of Santa Ana ` HELPMATES powered by �JTALENTLAUNCH wY REQUEST FOR PROPOSALS RFP NO.: 23-05I FOR: TEMPORARY STAFFING SERVICES April 19, 2023 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 WWGIST►11 50.19101,11 April 18, 2023 Lori Schnaider, Operations Manager City of Santa Ana- Human Resources Department 20 Civic Center Plaza Santa Arta, Ca 92701 Dear Lori: Thank you for this opportunity to provide The City of Santa Ana (City) with a proposal that outlines our detailed service capabilities. This customized proposal is our response to the City's RFP NO: 23-051 for Temporary Staffing Services, demonstrating Helpmates intent to perform the services and qualifications for selection for the City. Helpmates understands the purpose of this Request for Proposal is to identify qualified Contractor(s) to provide professional temporary staffing services for the City of Santa Ana's employment needs. Temps will work under the City's 9180 work schedule (Monday to Thursday 9 hour workdays, Friday 8 hour workday and closed every other Friday), although the requirements will fluctuate during the agreement period. We look forward to discussing with you in more detail how a partnership with Helpmates will give you the optimum in value-added customer service, and the highest return on your staffing investment. We acknowledge receipt of all RFP Addenda. The contact person during the proposal evaluation, and who will have the authorization to bind the firm to the terms of the proposal with the City is Rosalie Villa; her contact information follows her signature below. This letter also serves as our signed statement attesting that all information submitted with the proposal is true and correct. Sincerely, ` Va& foNsalaie Villa President Helpmates Staffing Fed ID:86-2802283 1200 Main Street, Suite A Irvine, California 92614 949-225-5016 direct phone 949-752-6006 phone 949-752-5553 fax Email: i-yill�:C)helpniares.cnm This proposal shall remain valid for a period of not less than 120 days from the date of submittal. RFP Na. 23-051 Temporary Staffing Services Page 1 of 20 DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 1. TABLE OF CONTEN15 2. Services Provided....................................................................................................................... 3 3. Agreement Statement................................................................................................... 5 4. Firm and Team Experience.......................................................................................................................... 6 General Overview of Helpmates History/Helpmates Profile............................................................................ 6 Cityof Santa Ana's Helpmates Team................................................................................................................ 7 5. Work Plan...................................................................................................................................................... 9 SpecialistRecruiting........................................................................................................................................... 9 Candidate Selection Process.......................................................................................................................... 11 Communication Plan — Temporary Employee Ordering Process..................................................................... 12 The Quarterly Business Review (QBR) Process........................................................................13 Methods of Approach to Quality..........................................................................................13 6. Cost Proposal............................................................................................................16 7. Certifications (ATTACHMENTS)........................................................................................................... • Attachment A: Proposer's Certification and Proposal item Pricing • Attachment B: References Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Cost Proposal Form City of Santa Ana Team Resumes 8. Service Utilization Report Samples......................................................................................................... Example of Quarterly Report Example of Annual Report RFP No, 23-051 Temporary Staffing Ser0ces Page 2 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 11b. 5ERVICES PROVIDED Helpmates Understanding of City Scope of Services A. General Contractor Requirements 1. Helpmates will provide a comprehensive catalog of clerical, office,accounting, other related administrative support service and professional options to the City. 2. Helpmates further agrees to; a. Provide appropriate methods to match the City's needs within the specified time frames. b. Coordinate all scheduled work dates with the City at least one business day before the start of an assignment. c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department. d. Helpmates will ensure the following criteria prior to recommending an temporary worker for placement at the City: • Ensure work authorization has been obtained and is current for individuals referred to the City for assignment via Form I-9, Employment Eligibility Verification. • Ensure that Live Scan fingerprinting and/or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job functions and minimum qualification requirements for the various types of services. • Ensure that typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Ensure due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • Ensure the temporary worker is bilingual in English and Spanish or Vietnamese when required for an assignment. • Verify that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CAPERS). All of the screening checks are conducted on every potential Helpmates Specialist that will work for Helpmates at the City. We believe this is an important cornerstone of our assessment and hiring process, as well as the industry leading quality results we deliver. 3. Helpmates will not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through a competitive recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. RFP No, 23-051 Temporary Staffing Services Page 3 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 S. Specifications/Scope of Services Helpmates acknowledges the following: 1. Ciry representative contacts Helpmates for temporary services and provides the jab title and any special skills or required experience and: Certain positions may require bilingual skills. Helpmates will provide temporary worker (s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. Helpmates will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. Helpmates will Follow up with the City within two (2) hours to provide name (s) for City approval. If Helpmates is unable to locate a qualified candidate within (4) hours of the initial request, the City reserves the right to contact other temporary agencies far placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Helpmates shall provide the City with a detailed proposal to include the specific jab description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices will include agreement number, requesting city department, department contact name/requester name, candidate name, hourly pay rate and mark-up rate, dates of assignment duration and total hours worked during the duration of assignment. 6. Helpmates will provide temporary workers who have the skills required for the assignment. We have the capability and flexibility to accommodate what is easiest for the City, both now and as circumstances and procedures change. In addition Helpmates understands and agrees; 7. The City reserves the right to end a Temp's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. We shall remove any temporary worker for assignment at City's request, at the specified time and date and will provide a replacement temporary worker if required by City. 9. We shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by Helpmates shall be considered employees of Helpmates and shall in no sense be considered employees or agents of the City. 10. We shall be responsible for communication with temporary workers with respect to their duties as employees of Helpmates. 11. We will provide the City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 - June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the department contact and the Human resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Helpmates will comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (Effective January 1, 2012) and CaIPERS rules regarding CaIPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to Ca1PERS. Helpmates will ensure that no employee provided under this agreement would need to be reinstated to CaIPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. RFR No. 23-051 Temporary Staffing Services Page 4 of 18 DocuSign Envelope ID: 49380AED-6969-41D5-8269-70DB6B62F795 RW.Tff EM-W1..- :...... U_ Helpmates has no objections with any oral] provisions as contained in EXHIBIT II Sample Agreement of this RFP. RFP No. 23-051 Temporary Staffing Services Page 5 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 1�,3 • L 1 ' ' ► We are an award winning firm with four California locations, and over 11 locations through our Talentlaunch network on a national level. Helpmates foundation is built on providing customized value-added services. Helpmates consistently differentiates its capabilities and has developed a brand reputation of best in class client and talent satisfaction, and is recognized as an employer of choice in the region. Along with our excellent risk/safety management programs, and best in class workers' comp and employment liability results, Helpmates is nationally known as a true top tier staffing provider. For over the past 50 years, Helpmates has grown into one of the largest, most well respected staffing services in California, staffing over 500,000 positions in a vast category of industries, organizations and governmental agencies. The majority of our staffing service clients utilize temporary staff in very similar positions and skill classifications, and require similar warkforce management support as outlined in this RFP. Helpmates, now part of the Talent Launch network, is a highly regarded workforce solutions firm and a recognized leader with capability to operate nationally. We provide consultative, workforce solutions to clients including specialized programs for long-term contract staffing, recruitment, and human resource services. Helpmates focuses on essential roles that are in the office/professional, accounting & finance, human resources, automotive specialty, and logistics 1 distribution 1 manufacturing environments. HeIpmates Company Information Type of Company: Corporation Full-time Service Office: Irvine 1200 Main Street, Suite A Irvine, CA 92614 Supporting Branch Locations: Cerritos 17871 Park Plaza Dr., Suite #150 Cerritos, CA 90703 Buena Park 5600 Beach Blvd. Buena Park, CA 90621 LA/South Bay 879 W. 190th Street, Suite 910 Gardena, CA 90248 RFP No. 23-051 Temporary Staffing Services Page 6 of 16 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 City of Santa Ana's Team Gena Monroy, Market Manager gmonroy@heipmates.com; 949.752.6006 Gena is an ASA Certified Staffing Professional and has over 15 years of professional experience in the recruiting and staffing industry. Gena manages some of our largest client relationships as the key contact, conducting Specialist supervisory duties, streamlining effective reporting metrics and coordinating temporary placements. Her experience and consultative approach makes her uniquely qualified to effectively drive positive results and maintain lasting relationships. Gena will manage the City of Santa Ana account team to ensure a high-level of customer service delivery, including recruiting, screening, assessing, hiring Specialists, supporting the quality control process, and that all aspects of Helpmates' programs are being executed in working with the City of Santa Ana, and the continued weekly proactive recruitment plans preparing for open orders received from City of Santa Ana. Milryiesha Flores, Talent Relationship Supervisor mflores�helpmates.com; 949.752.6006 Mihyiesha is an ASA Certified Staffing Professional and has over 10 years of progressive staffing industry experience. Her responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service and key account service aver all segments. Norma Leanos, Talent Relationship Supervisor nleanos hel mates.com; 949-752-6006 Norma joined Helpmates in 2014 and has over 10 years of staffing industry experience. Her responsibilities include recruiting, screening, assessing and hiring specialized employees, customer service and key account service over all segments. Joel Corrales, Recruiter jcorralesftelpmates.cnm; 949-752-6006 Joel joined Helpmates in 2022 supporting sourcing of candidates and working daily to pipeline and funnel candidates for the openings in the Irvine Branch. Joel will continue to play a close role with Gena on understanding the positions at The City of Santa Ana and keeping a pipeline of candidates available for interview and placement. Nancy Martinez, Staffing Coordinator nmartin hel mates.com. 949-752-6006 Nancy is an ASA Certified Staffing Professional and has over 7 years with Helpmates. Nancy handles all payroll for The City of Santa Ana, and administers all onboarding assessments and the management of sexual harassment training. Nancy fields calls from our talent on assignment supporting any questions and assisting with employee portal information. Mario Soto, VP Of Operations m e mates.ca ; 949.752.6006 Mario, is an ASA Certified Staffing Professional and has 22 years working with Gena and Rosalie on the City of Santa Ana account. Mario supports Gena with oversight on compliance, auditing and hiring practices to ensure for compliant delivery. Mario also oversees any employee relation issues minimizing liability working with Gena and Human Resources. Rosalie Villa, President (Project Manager/Principal Agent) rvilla0helpmates.com; 949.752.6006 Rosalie, an experienced staffing executive and business leader oversees the sales and business solutions for Helpmates with a focus on key clients accounts. She will have overall accountability of the partnership between City of Santa Ana and Helpmates. Her focus will be to lead the team in creating and implementing programs driving cost saving solutions and efficiencies, talent engagement and retention. Rosalie joined Helpmates in 1992 and has held leadership positions in new business sales and key customer delivery strategy- Rosalie has had over 19 years' RFP No, 23-051 Temporary Staffing Services Page 7 of 18 DocuSign Envelope ID: 49380AED-6969-41D5-8269-70DB6B62F795 experience working with government entities, educational institutions, non-profit organizations and has developed programs driving efficiency and process improvements allowing Helpmates the long-term partnership. Key Staff Involvement Key Helpmates staff involved on the City account will be available to the extent proposed for the duration of the project. Please see resumes attached of all managers, supervisors, and other key personnel who will be assigned to this contract if awarded. RFP No. 23-051 Temporary Staffing Services Page 8 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 Helpmates Understanding of City Scope of Work Approach to Completing Work Specified in the Scope of Work As an EEO employer, we seek candidates from numerous civic, educational and professional sources. Helpmates does not discriminate in any form of recruiting or job order taking, and actively promotes and practices compliance with all Federal and State employment laws as it pertains to recruiting, assessing and selecting the best qualified candidates, without regard to sex, race, ethnicity, national origin, veteran status, disability, age, religion, or any other legally protected status. Our methods have one Mission: To maximize the City's performance by consistently sourcing and delivering the right talent and services in the most cost efficient and expedient manner. In order to achieve our mission as stated above, and to achieve the world -class results we have accomplished, our methodology is a multi -step approach which includes the following components: A. Experienced Helpmates City Team B. Specialist Recruiting Strategy C. Candidate Selection Process A. Helpmates Activities Undertaken in Completing the Work The Helpmates City Team Our success starts with our experienced Helpmates City Team, which is professionally trained and ASA CSP certified. A brief summary of their collective experience includes: • A Helpmates City Team with over one -hundred and thirty (85) years of combined staffing experience! • A Helpmates City Team of ASA Certified Staffing Professionals (CSP) • CSP designated Helpmates Senior Management Team actively involved in managing and supporting the Helpmates City Team B. Specialist Recruiting Strategy The Helpmates recruiting process has a simple mission: Retain our current highly qualified Specialists, and attract the best possible flow of qualified candidates in the most efficient and expedient manner possible. As a means of distinguishing Helpmates from similar employers, we employ the following strategies to attract and retain our outstanding Specialists, and to maintain a constant flow of qualified candidates. Armed with cutting edge technology of the TaientLaunch network Helpmates uses automated tools to streamline the recruitment process getting candidates to work faster communicating in real time. Our ability to respond to the City's open requisitions in a timely manner has allowed for highly satisfied managers with successful placements. Helpmates utilizes the following leading edge technology driving efficiencies for the City while simplifying our new hire onboarding process and maintaining compliance: Bullhorn Bullhorn is Helpmates applicant tracking system and customer relationship management platform. It is the central cog that connects our highly innovative solutions and assists us in serving our customers and candidates. Daxtra DaXtra is Helpmates candidate matching technology that reviews multiple sources inclusive of Indeed, Monster, CareerB u ilder, Dice, Linkedin and our own Bullhorn database for candidates who are actively seeking new opportunities and thatching their experience, skills, and home address with that of a job we are filling. If they don't already exist in our database, its easy to pull them in with iDaXtra and contact them in short order. RFP No. 23-051 Temporary Staffing Services Page 9 of 18 DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 Bullhorn Time & Expense Bullhom Time & Expense is Helpmates candidate time tracking system. Fully mobile app enabled, it ensures our candidates can easily enter the time they work each week for their supervisors to then verify and approve right from their email inbox. Able Having our candidates an your jobs as fast as possible is mission critical. Able enables our workforce to fill out their critical and compliance based paperwork on the device of their convenience, even smart phones. Most paperwork can be distributed, filled out, and signed within the same day! This is also where our candidates can retrieve important payroll information such as pay stubs and W-2s. SkillCheck SkillCheck is Helpmates testing platform for skills assessment and testing. SkillCheck offers one of the largest and highest -quality assessment libraries in the world and offers a wide variety of skills, knowledge, behavioral and cognitive titles to measure exactly what you need. The recruiting chart below highlights the most important resources of our recruiting and candidate flow strategy: Leading Edge Technology: Helpmates internal systems: Bullhorn ATS and Daxtra # 1 Source is Employee Personal Referrals Employees like to work with other qualified employees and Helpmates! Community Involvement; Established Relationships with Trade and Technical Schools, Colleges and Universities, Promoting Career Days and Presenting Employment Seminars Specialized Recruiting Sources; TradeNocation/Business Schools, Industry and Professional Associations Community Events; Various Job Fairs and Charity Events Held Throughout Orange County RFP No. 23-051 Temporary Staffing Services Page 10 of 18 DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 .Fob Postings on Linkedln, Indeed, Helpmates Job Board and Internet Websites Outplacement; Provide On -site Recruiting and Job Transition Training in the Event of Reductions in staff C. Candidate selection Process Our process to deliver outstanding results and achieve our stated City Mission is in assessing, selecting, employing and delivering the right talent. Our methods for doing so are outlined below: HIRING CRITERIA NOT MET HIRING CRITERIA MET The Helpmates candidate selection process is both scientifically and experiential based. As the flow chart outlines, each candidate is thoroughly assessed, in -person or virtually interviewed, referenced checked and background checked for the skills and experience as indicated on their application and resume. RFP No. 23-051 Temporary Staffing Services Page 11 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 Helpmates will provide a comprehensive catalog of clerical, office, accounting and other related administrative support service options to the City. Helpmates further agrees to; • Compare job requirements with worker qualifications and will email resumes and test results of temps as requested. • Provide appropriate methods to match the City's needs within the specified time frames. Coordinate all scheduled work dates with the City at least one business day before the start of assignment. • Provide a detailed proposal and invoice, according to the specifications prescribed by the City department, which will include the City Agreement Number. As additional clarity, the following outlines our extensive pre -employment background check process and ensure the following prior to recommending any Temp for placement to the City: • Ensure that work authorization has been obtained and is current for individuals referred to the City for assignment via 1-9 (employment eligibility verification) • Ensure that Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) • Ensure that temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services • Ensure that typing speed is at least 30 wpm and Microsoft Office abilities have been tested and are met with positive results as required • Ensure that temporary worker is bilingual when this is requirement for assignment • Reference Checks — personally conducted by Helpmates Team • Employment gap checks — personally confirmed by Helpmates Team • personal Interviews — personally conducted by Helpmates Team • E-Verify — online conducted by Helpmates Team before starting any assignment • Social Security Checks — completed by Helpmates Team at time of first payroll All of the screening checks are conducted on every potential Helpmates Specialist that will work for Helpmates at the City. We believe this is an important ccmerstone of our assessment and hiring process, as well as the industry leading quality results we deliver. Communication Plan — Temporary Employee/Specialist Ordering Process Our process is to maximize the effectiveness of communication between the City and Helpmates. As part of our unique service offerings to the City, and as a means to make working with us as simple and efficient as possible, we will customize whatever ordering and communication process is most preferred by the City. The process for ordering a Specialist generally includes the following: • City representative deciding how many and which job classifications • Add/delete any specific skills/experience required • Determine length of assignment, start date, and reporting details ■ Determine location, hours required and other location specific details Response Plan Within 30 minutes of receipt, all orders will be acknowledged and a progress update provided We will follow up with the City within two (2) hours to report status of providing name(s) of temporary workers who have the skills required for the assignment. for City approval and based cn the above, generally can confirm a qualified employee within two hours. Once a candidate is selected, and the hourly pay rate has been agreed upon, Helpmates shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the markup rate. The City will then sign the proposal in approval. All invoices must include the agreement slumber. RFP No. 23-051 Temporary Staffing Services Page 12 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 Office Hours: Each workday, Helpmates offices are open from 7:30 a.m. to 5:O0 p.m. and our staff is available to fill orders with prompt, productive Specialists who are ready to start working when your business day begins. Additionally, in last minute or emergency situations, appropriate City representatives will have the business cell numbers and email addresses for the Helpmates Project team. In the off chance this is needed, the Helpmates staff can be available via email, text or phone. The Quarterly Business Review (QBR) Process The goal of "The Quarterly Business" (QBR) process is to support the City with qualified staffing Specialists and to consistently meet or exceed expectations and requirements. Our "QBR" review allows us to evaluate and improve our performance by measuring that performance against the City's stated criteria. The Quarterly Business Review process includes three major areas: • Establishing mutual goals and timelines with the City • Measuring the quality of all Specialists, orderfill response time and overall service performance • QBR Service Reviews (quarterly or as agreed upon with the City) to focus on improving process, methods and programs and establish action plans and agreed upon goals At every level of our organization, Helpmates fosters a thorough understanding of customers' needs along with an awareness that quality is a constant process of improvement. The Quarterly Business Review process is a practical, yet powerful approach that best exemplifies our commitment to continuous improvement and long-term partnerships with our clients. As part of Quarterly Business Review process, the following services will be agreed upon and provided: • First and Second Day Quality Checks The first day quality check is made approximately 15 minutes after the assignment starts to confirm that the Helpmates Specialist has arrived safely. The second day quality check is also completed within 15 minutes of the start time and focuses on the Specialist's work performance and productivity from the previous day. • Weekly Updates Helpmates' Weekly Updates have multiple purposes: To guarantee the performance of the Helpmates Specialist in terms of productivity, quality, punctuality, attendance, and behavior, as well as to determine if the Specialist is required the following week. • Final Performance Evaluations A final evaluation is documented on each Specialist who has completed an assignment at our client site. This evaluation rating is maintained in the Specialist's and the City's data file for discussion at the TLC reviews and for future reference. Methods of Approach to Quality Helpmates Quality Control Plan A very important part of Helpmates performance, and ultimately what sets all services apart, is the quality component of our service offering. The Helpmates Quality Control Plan has four (4) vital components, which are outlined and explained as follows (please note that the frequency of meetings mentioned is recommended, but ultimately the frequency will be determined by the City): 1. City Quality Control Plan Overview • The RFP, Contract and all pertinent data is retained either on the Helpmates Bullhorn ATS System, in confidential files, or both and is readily available • Weekly reports emailed to designated City personnel for quality review, financial data, department usage etc., or as required by the designated City personnel • Monthly/quarterly meetings, as agreed to by the City will include: i. Overall contract compliance review ii. Specific data metrics such as fill rates/refills, etc. iii. Specific goals/objectives for the next month established iv. Establish future meeting date/agendas RFP No. 23-051 Temporary Staffing Services Page 13 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 2. Helpmates Irvine Office Quality Review • Daily Helpmates City team office huddles are held for updates and progress reports on pending or open orders • Communication with City staff daily or as frequently as needed for quality updates and performance feedback • Weekly Key City internal metrics review • Monthly City performance review internally prepared and discussed • Strict adherence to the comprehensive Helpmates employee selection process which is included on page ] I. • Monthly random hiring audits performed by Mario Soto, Helpmates VP of Operations • Helpmates PowerBI is the primary tool used for managing all City data and metrics 3. Helpmates Temporary Employee/Specialist Review • On new City assignments, each Helpmates employee is called on the first and second of their assignment to determine the employees comfort level and job satisfaction • During the course of all assignments, each Helpmates employee is frequently communicated with to continue the job satisfaction quality review process and enhance employee retention • Helpmates uses Great Recruiters to promote talent engagement and continuous improvement. Great Recruiters send out surveys to our specialists at the start of an assignment regarding onboarding and training, mid assignment and the end of assignment. Helpmates uses Great Recruiters to promote talent engagement and continuous improvement. These surveys help us measure customer experience between our talent and recruiters and help identify opportunities for improvement. On a quarterly basis, we also survey our valued customers for feedback on our responsiveness, knowledge of the job and industry we are recruiting for, quality and transparency. We thank you ahead for your participation. • Weekly, or as often as the City allows, specific performance feedback is requested and documented in the employee file and the City file on Helpmates Bullhorn ATS system • Upon receiving specific employee feedback, the Helpmates City Team shares this performance feedback as appropriate • Based upon the multiple levels of feedback, the Helpmates City staff develop specific action plans to improve upon our performance, thus embodying the Helpmates culture of Continuous Improvement and Exceed Expectations 4. Helpmates Full -Time Employee Quality Plan The foundation of our Helpmates' comprehensive Quality Plan are our internal employees, which includes the Helpmates City Team. The primary tools involved in this plan include: • A comprehensive hiring process • Mandatory successful completion and bi-annual recertification of the Certified Staffing Professional (CSP) certification via the American Staffing Association • Ongoing professional development and skills enhancement training • Periodic employee performance reviews • Suggested annual employee professional resume updates to illustrate the many ways our employees have grown and developed • Annual employee surveys geared towards specific and candid feedback re: Helpmates, the workplace, benefits and overall employee satisfaction In conclusion, the four (4) comers of our quality control plan embrace all aspects of our people business. We believe that our comprehensive quality approach is the catalyst for the superior results we are achieving with our clients, employees and Specialists. RFP No. 23-051 Temporary Staffing Services Page 14 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 How Helpmates Proposes to Address Special Issues or Problems Action Plan for Handling Issues or Problems Associated With Temporary Staffing: As a provider of services to organizations that deal in potentially urgent or emergency matters, Helpmates has in place the following urgent/emergency action plan: The appropriate City representative will have the personal cell number of an Helpmates City Team member, and back up team members as appropriate All Helpmates City team members have off -site Helpmates Bullhorn mobile access to all City and Specialist data for emergency needs or after hours contact • Helpmates also has an emergency preparedness plan in case of area/regional issues that require a triage approach for handling urgent/emergency matters • In the case of employee workplace issues, each Helpmates staff is a Certified Staffing Professional, and is trained to professionally mitigate and minimize any workplace drama and workplace liability With the Helpmates extensive quality review process, including specific proactive performance management, issues will be quickly and professionally resolved and go -forward improvement processes activated and measured Implementation Plan and Timeline Helpmates will have a shortened timeline due to our partnership the past five years. Helpmates Implementation process involves working closely with the City in understanding the needs and objectives for the staffing program at this time. Helpmates implementation team consists of Mario Soto,VP of Operations, Gena Monroy, Current City Project Manager and Nancy Martinez, Staffing Coordinator. Helpmates will lead and follow up on timeline with City's team involved using our proven methodology. Kick Off: Our team will conduct meetings with HR & Management to introduce our team and Helpmates. We will then initiate meetings and understand objectives and discuss together the timeline and the steps to be taken in moving forward. At this time we will work with City on items such as: Timekeeping system Requirements from the SOW and establish goals to be measured by Transition of employees Change Leadership Plan Communication and Announcements Needs Assessment with Departments Action: Our process of servicing the City can begin immediately with the support from our Branch in Irvine. As meetings are being held and action items are being completed our City Project Manager will work to handle open order requisitions and support management with getting positions filled. Quality Control: Our VP of Operations will handle the QC process on the timeline and the task being completed to ensure we are meeting expectations and follow through on any issues that may occur. The goal is to have a seamless process that does not create disruption in servicing and working together. RFP No. 23-051 Temporary Staffing Services Page 15 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 Cost Proposal This section shall define the detailed pricing for the services. The City is interested in a pricing structure as set forth: 1. As a mark-up percentage above the hourly pay rate for a particular position. 2. Helpmates understands the temp -to -perm placement fee is not applicable. Our direct hire fee is 18%of the employees annual first years salary if a temporary worker was hired without a competitive recruitment process. PIease see ATTACHMENT G: Cost Proposal Form Helpmates understands and acknowledges the following: The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Payment Schedule Helpmates processes electronic invoices on a weekly basis. The invoice will be only for the specific number of hours worked by our employee. A timecard will be sent with the appropriate invoice. Payment Terms Invoices are due upon receipt. RFP No. 23-051 Temporary Staffing SeMces Page 16 of 18 DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 1f. REFERENCES With over 45 years of progressive success in the staffing industry, supporting a variety of industries in Southern California, Helpmates has a wealth of knowledge and experience in successfully managing the fluctuating needs of ❑ur public and private sector clients. The continued satisfaction of our clients is of great importance to us and as a result of our passion for continuous improvement, Helpmates has been recognized for nine (9) consecutive years with the "Best of Staffing" award by Inavero, Inc. We are proud to share our results with the City, as the Inavero survey revealed that our clients are three times as willing to recommend our services to colleagues as compared to the national average for staffing services. Below are references of just a few of our successful staffing partnerships that Helpmates has with requirements similar to those of the City. Please see ATTACHMENT B: References RFP No. 23-051 Temporary Staffing Services Page 17 of 18 DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 `r CITY OF SANTA ANA ATTACHMENT A PROPOSER'S. CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scape of Services (Exhibit l) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMP NY € 70 G wilt ! �n 4. ; C r v f K. , GA- 1 2�� ► L4 BUSINESS ADDRESS volm PRINTED NAME OF AUTHORIZED AGENT A GNATURE OF AUTHORIZED AGENT ULOl 2—�07-�-? FEDERAL ID NUMBER (IF APPLICABLE) � l 19, � 29�' C14� -1-57z-10 o%-) PHONE AND FAX NUMBERS TITLE Vinyl ll�t c0 hedory k61. DATE E-MAIL ADD CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE _ p Customer Name: Contact Individual: k/VAV�e_ + ' Address: i�(000 504/7 J C-'aP Oi) Abe, • Phone Number: OI� `L;� +53&0 &A �214yls --- EMAIL: 10itrc,+x , �,,Vq Contract Amount: A0 alo()pYear: k2 4-0 �� r Description of supplies, ,p equipment, or services Yprovided: ���1iUjI1 v jjlJui�GVt�� REFERENCE Customer Name: Amwmj Contact Individual: la"'lAe-k UA-0 Address: 5(� NJ. Phone Number:-7_i.q- 5_61 -70 7 _rJ to Contract Amount: 411 Ill,_411 i E0A C16 0W EMAIL: a C-o1z Q :i.n .�e.-f . CerYi i4A5 03- rfv,.c4ear: -5!1/1C=! t)to Description of supplies, equipment, or services provided: REFERENCE ..,��rr rrrr-- Customer Name : LA &VU-€1 bow ��C s Lct Individual: Address: L3 W • TeM �_- 5f 9M -3 74 Phone Number: 2,!a' -ri 7 /4M'e1 51 tA 67 W17_ EMAIL: '5� 5a kz5 Contract Amount: 60006 Arlruwd Year: 7-6 jlq +_ Qre�J- Descriptiionn of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 0 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with/ her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title��� ❑ ate TH[5 FORM MUST BE -COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 CITY OF SANTA ANA ATTACHMENT ❑ NON -COLLUSION AFFIDAVIT (Title 23 United States Code Sectian 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Cede 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal an the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. SignedAL —1mv State of l o , County of bscribed and sworn to (or affirmed) before me on this day of 14dflf 24;1, by proved to me on the basis of satisfactory ev ence to be the person(s) who appeared before me. A npta: y p ubiic or other raffia x complesis$ ANGEL J 1 1 `-: i 1 E 7 4is Certitivate <<ar:fies u�t3y i7:c idt:ndty of the�� ^ 3aW.>o�r ividUaI Who sn_ i d tt�e dlW11 this � ��=_�.;,y,•.--;., • C4;'':ii:l. -.A._ �' ocun;C; n!u *11 �t�'-r ]... n!c - l.'�. i �tiiii4 y, Geranote is�ttached, anri :10: Ith t:utillftslsiess, ('11.:• : J Y arcurary, or va3W,ijiv of t1iFt dficuawal. No P lic nature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 (D. CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such siubrecipients shall certify and disclose accordingly. Signed: 11 _ Title: Firm: � �lP �� s Stx-1�6w 5oy lclas i• bb Date: 1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT ❑O NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 wr CITY OF SANT►4 ANA ATTACHMENT F NONDISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause- 2- The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 DCITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1424, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. r Signed: Title: 1 Firm: W,9045 t" � R C c lr ve s U Date: THIS FORM MUST BE COMPLETE❑ AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable DocuSign Envelope ID:49380AED-6969-41D5-8269-70DB6B62F795 0 CITY OF SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/80 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY.OF SANTA PRICING ANA CLASSIFICATION Hourly Pay Min gill Rate Max Bill Rate Mark-up Overtime Overtime Rate Bill Rate Mark-up Accountant $ 35r"i4u $ 01 • $ % , 7Z— f r % Accounting Assistant 2y-2-v s 23-50 � $ ?Tj % $ gyp`" % Legal Secretary ��J�� ] � ��rlb /. /■ � �9� `Z� q � ! % Office Specialist % ? s 2 9 s r� . l � � s J .rJ' � � q � r % Paralegal 'R _1/0 � r Receptionist Secretary Provide markup percentage rate agency will utilize to negotiate prices for positions not fisted above. q OTHER TECHNICAL AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. - Direct Hire Lump Sum Fee DIRECT HIRE PLACEMENT (Please Explain Below) Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 .fr' �� CITY OF SANTA ANA explain briefly in detail your policy and pricing on the hiring of your temporary workers, Attach additional pages if required Q ��6jILI��'tl�, J 14 t I 1-4 VX Em4eU V, V65 -In , e. 1 C it-). n •f'V1 r A Vl.RAA l i (s A THIS FORM MUST BE COMPLETED AN INCLUDED W1TH THE PROPOSAL. PROPOSALS THAT ❑O NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ms)nEnvelope O gSOEsm6g«D5- 6geDmm29m || ! . } FL \ \ \ |® J[ . � ƒ} 2/ $!§ƒ ! § 7 \{j� �e — 000 Q } - k � k \\\\ \ \ \ ( (" 4 k ( E k ) DocuSign Envelope ID: 49380AED-6969-41 D5-8269-70DB6B62F795 N D W m N N N N w w a a m w r c C C v c CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KIMCO STAFFING SERVICES, INC. FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between Kimco Staffing Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal ("RFP") No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of temporary employee staffing services on an on -call basis for the City's Hinman Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1 of 10 b, Payment by City shall be made within forty -rive (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026 for an initial three-year term, with the option for the City to grant up to two, one-year extensions exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, uncmployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Page 2 of 10 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subconsultants. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Co 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office ("ISO") Form Number CA 00 01 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations Page 3 of 10 performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as I,SO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance, Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require Page 4 of 10 complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION The Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations, or any willful misconduct, of Consultant, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above 'indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. The City agrees to defend, and shall indemnify and hold harmless the Consultant, its officers, agents, employees, consultants, special counsel, and representatives from liability. (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations, or willful misconduct, of the City, its subconsultants, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Consultant may make all reasonable decisions with respect to its representation in any legal proceeding. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 5 of 10 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirins that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 6 of 10 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the panty waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 10 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 To Consultant: Leticia Kelch Vice President Kimco Staffing Services, Inc, 17872 Cowan Ave. Irvine, CA 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatut-es on Following Page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KIMCO STAFFING SERVICES, INC. FOR ON -CALL TEMPORARY STAFFING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B Y: JQ, HAN Y MAR"1 "Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: aTICI uluaCIH-1—�_ Vice President Page 10of10 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SOFTHQ, INC. FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between SoftHQ, Inc. ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of Temporary Staffing Services on an on -call basis for the City's Human Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment Page 1 of 9 need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026, with the option for the City to grant up to two, one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Page 2 of 9 a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Page 3 of 9 Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kranti Ponnam President SoftHQ, Inc. 6494 Weathers Place Suit 200, San Diego, CA 92121 Fax:858-225-6834 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By ONATHAN T. MA EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: MRANTI P AM President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES (a CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS 1. Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CaIPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. (a CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name / Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. (a CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CalPERS rules regarding CalPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined (z) CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https://www.governmentmobs.com/careers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. EXHIBIT B CONSULTANT'S PROPOSAL FALWA ■m EA £1Ct06CSabukwdan da PtanH§b;m: ATTEN-fION: LORI S CID;.-UDIR I OPULMONSNULNAGER CffY OF SA.NTAANA EWXUN RISoURCIESDIEPARn M -T 3e M]c CNTER PILA7-% SANTA ANA,C 92 701 PHONE: lq 647-S400 F]�Lkll.:1sCHNAIDl :i� w� ��-AN �ORc sue[ D a SOFTHO LNC. 64$4 NM=RS PLCT SUM 200, sANDE GO,r A -9�l2! P£rs ca Authorized to R£p kat and Signthe £ropQa: KRAN-TI 70NNAM TrIlI: PRISIDENT PHONE: 38)EM-9200 EXL-%n:RFP sOYrHOPic4:7�7���; SOFrHoD;cCCINi SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) TABLE OF CONTENTS 1 COVER LETTER....................................................................................................................................................................1 2 SERVICES PROVIDED.........................................................................................................................................................2 3 FIRM AND TEAM EXPERIENCE..........................................................................................................................................4 3.1 DESCRIPTION OF THE FIRM..................................................................................................................................................4 3.2 FIRM'S NEAREST ADDRESS SERVING THE CITY OF SANTA ANA AND HEADQUARTERS ADDRESS ............................................... 5 3.3 NAME AND CONTACT INFORMATION OF THE PROJECT MANAGER............................................................................................ 5 3.4 KEY PERSONNEL RESUMES................................................................................................................................................. 5 3.4.1 Proposed Account Manager/President: Kranti Ponnam....................................................................................... 5 3.4.2 Lead Recruiter: Miles Hamilton.............................................................................................................................. 6 4 PROPOSED WORK PLAN....................................................................................................................................................6 4.1 UNDERSTANDING OF THE SCOPE OF SERVICES..................................................................................................................... 6 4.2 APPROACH TO PERFORMING SERVICES................................................................................................................................ 6 4.2.1 Recruitment Methodology....................................................................................................................................... 7 4.2.1.1 Sourcing Strategy..............................................................................................................................................7 4.2.1.2 Ability to Match the Employee's Knowledge, Skills, and Abilities to those required for Each Specific Assignment....................................................................................................................................................................... 8 4.2.1.2.1 Position Analysis and Customer Outreach............................................................................................. 9 4.2.1.2.2 Ability to Attract Qualified Personnel...................................................................................................... 9 4.2.1.3 Methods for Drug Testing and Background Screening..................................................................................... 9 4.3 DESCRIPTION OF DELIVERABLES, IMPLEMENTATION PLAN AND TIMELINE................................................................................ 9 5 ATTACHMENTS..................................................................................................................................................................11 5.1 ATTACHMENT A— PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING..................................................................... 11 5.2 ATTACHMENT B — REFERENCES......................................................................................................................................... 11 5.3 ATTACHMENT C — PROPOSER'S STATEMENT....................................................................................................................... 11 5.4 ATTACHMENT D — NON -COLLUSION AFFIDAVIT.................................................................................................................... 11 5.5 ATTACHMENT E — NON -LOBBYING CERTIFICATION............................................................................................................... 11 5.6 ATTACHMENT F — NON-DISCRIMINATION CERTIFICATION...................................................................................................... 11 5.7 ATTACHMENT G — COST PROPOSAL FORM.......................................................................................................................... 11 LIST OF EXHIBITS EXHIBIT 1: SOFTHQ'S BUSINESS INFORMATION....................................................................................................................................4 EXHIBIT 2: STAFFING APPROACH......................................................................................................................................................... 8 EXHIBIT 3: SOFTHQ's RESPONSE TIMELINE....................................................................................................................................... 11 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHQ SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) 1 COVER LETTER April 19, 2023 Attention: Lori Schnaider Operations Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: SoftHQ's response to provide the City of Santa Ana's (City) Temporary Staffing Services Dear Ms. Lori Schnaider, SoftHQ, Inc. (SoftHQ) proposes to provide all goods and services as set forth in the "Request for Proposals" to provide Temporary Staffing Services with RFP No. 23-051 for which fees/costs offered herein shall apply for 120 days from the date of opening. Established in FY 2010 and headquartered in San Diego, SoftHQ is an MBE led by Kranti Ponnam (President -Operations). SoftHQ has been providing Temporary Staffing Services to various State, Local, and Fortune 500 Commercial clients. Please find the company Information below: Name of the Company SoftHQ, Inc. Legal Status / Jurisdiction of Incorporation C-Corporation / California Date of Company Incorporation in the US 01/28/2010 No of Years in Business 13+ Years Details about the Owners Kranti Ponnam 100% Number of Employees 847 Corporate Point of Contacts Name: Kranti Ponnam; Designation: President Phone: (858) 658-9200; Fax: (858) 225-6834 Email: rfp(@softhginc.com / kranti(a�softhginc.com Current Location: 6494 Weathers Place Suite 200 San Diego CA 92121 Over the last thirteen plus (13+) years, SoftHQ has successfully provided Administrative Assistants, Building Permit Technicians, Clerks, Customer Service Specialists II (Front Reception), Data Entry Operators, Executive Secretaries, Office Specialists, Personnel Specialists, Purchasing Assistants, Secretaries, Senior Secretaries, Accounting Technicians, Accounting Specialists, Senior Accounting Specialists, Legal Clerks, Legal Secretaries, Litigation Support Specialists, Library Clerks, Library Technicians, Librarians, Housing Specialists, Vehicle Technicians, Building Inspectors, Water Utility Inspectors, Skilled Craft Workers, Laborers, HVAC Mechanics, Apprentice HVAC Mechanics, HVAC / Electrical Helpers, Facility & Event Electricians, Warehouse & Tool Room Workers, Storekeepers, Alteration Workers, Cleaner/Setup Workers, Ticket Takers, Assistant Engineers, Associate Engineers, Senior Civil Engineers, Principal Civil Engineers, Principal Engineering Aides, Senior Engineering Aides, Assistant Power Engineers, Associate Power Engineers, Electrical Systems Designers, Senior Electrical Engineers, Senior Electrical Systems Designers, Management Assistants, Administrative Analysts, Accountants, Senior Accountants, Principal Accountants, Paralegals, Investigator — Legal, Mediators, Staff Attorney, Buyers, and Claims Examiners, to name a few. SoftHQ has successfully delivered 98 Temporary Staffing Services projects over the last 13+ years across various state and local agencies with several project directives on firm -fixed pricing. We bring the capabilities of successfully delivering the Los Angeles County Department of Building and Safety's Temporary Staffing Services, City of Los Angeles Department of City Planning for Temporary Staffing for Professional Services, Employment Development Department (EDD) for Temporary Labor Services, Department of Resources Recycling and Recovery (Ca/Recycle)'s Temporary Staffing Services, City of Irvine's Temporary Staffing Services, Orange County Sanitation Department's Temporary Staffing, San Mateo County Transit Districts On -Call Temporary Staffing Services, Metropolitan Water District of Southern California's Agency Temporary Services, and North County Transit District's Temporary Staffing Services. It is understood and agreed that SoftHQ read the City's RFP documents, Addendum #1 and associated information within it, and the information provided within these documents. SoftHQ confirms that it read the draft Exhibit II (Sample Agreement) and agrees to execute a contract in substantially the same form if selected without taking any exceptions in its entirety. SoftHQ will abide California Public Records Act (Government Code Sections 6250 et seq.) and waives Restriction and Disclosure and Use of Data submitted. Sincerely, Kranti Ponnam President I SoftHQ, Inc. 6494 Weathers Place, Suite 200, San Diego, CA 92121 Office: (858) 658-9200; Cell: (847) 513-2999; Fax: (858) 225-6834 Email: rfp(a)softhginc.com I kranti(@softhginc.com; Website: www.softhq.com Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) 2 SERVICES PROVIDED Since our founding, SoftHQ has been providing temporary, temporary - to -hire, payroll, direct -hire and professional placement, and Credible experience in providing Temporary recruitment process outsourcing services to a variety of public and Staffing Services for Administrative / Clerical, private sector clients supporting their mission critical systems and Finance / Accounting, Human Resources, Creative evolved into a staff augmentation services provider. SoftHQ has a Services, Marketing Representatives, Engineering, well-defined business model based on different industry sectors such IT, Maintenance / Light Industrial, Heavy Industrial, as Finance, Health Care, State Government, and Manufacturing Utility / General Labor, and Skilled Trades clients. This business model lends us with the required financial professionals stability to provide support to our Temporary Workers and meet our Industry certifications showing process maturity client's expectations. We perform onsite and offsite contract work for Recruiting access to nationwide talent to meet the the US public sector clients using CMMI, PMBOK, ISO 9001:2015 and City's range of staffing needs ITIL processes. From lessons learned over the last thirteen years, A unique business model providing the agility of SoftHQ brings proven capability to deliver qualified professionals with commercial markets and the stability of state subject matter expertise on leading edge professional solutions government tailored to federal agencies' requirements across administrative, . Over 13+ years of experience in providing financial, human resources, acquisition in lines with Federal temporary and permanent workers Acquisition Regulation (FAR). SoftHQ's Enterprise Service Management (ESM) framework is a key component of our Service Integration and Implementation (S12) Methodology. Our ESM provides a comprehensive solution to defining goals and staffing resources that worked with state, local agencies, and not -for -profit authorities. Our ESM adopts ITIL v3, and ISO 9001:2015 proven practices, CMMI ML5 for process improvements, measures the current requirements through insights from the City and other key stakeholders, and builds a tailored roadmap to meet the responsibilities of the vacant position. SoftHQ proposes to employ our ESM framework — a proven internal proprietary framework (successfully employed on over several professional staffing services) that provides the City's Temporary Staffing Services contract with a holistic approach to meet the City's needs aligned with the emerging potential needs of the City. With processes in compliance with SEI-CMMI ML 5 and ISO 9001:2015 policies and guidelines, SoftHQ invested and matured its Quality Management System (QMS) that incorporates QCP/QAP/QASP. SoftHQ offers hands-on Temporary Staffing Services experience, access to various SMEs, enterprise recruiting model, recruiting skills and scale to meet small through large staffing requests, and dedicated focus on personnel performance, along with focus on quality of results and control on cost overruns. SoftHQ has a proven formula for success and it is highly capable of meeting the required technical expertise to successfully meeting the City's temporary staffing requirements. ■ Customer -centric Delivery Model — offers a truly end -to -end and customer -focused execution approach offers a seamless combination of advisory services and personnel with technical knowledge on operating office machines delivered through onsite and offsite delivery models. Our clients view us as a true staffing partner and a one -stop shop for their complete recruitment needs ■ Staffing Partner— understands client's most critical staffing needs and align our services and solutions accordingly. We bundle all our services into point solutions that address critical staffing needs. Our clients value this approach as SoftHQ helps them meet their end objectives, rather than being a mere service provider ■ Improved Customer Service — help the City with models that improve overall customer satisfaction and cooperation with their customers ■ Enhanced Resource Management — assist the City with effective stewardship of resources ■ Business Process Reengineering — provide leadership, promote effective quality control, and implement innovative and successful acquisition to enhance visibility and success of the City A Summary of SoftHQ's Capabilities related to the technical response: Supplier SoftHQ's diversified business model based on providing Temporary Staffing Services to different State Background and Government agencies and providing Statement of Work (SOW) based and Temporary Personnel Services Experience to its commercial clients, along with the 13+ years of experience in the industry illustrates our capability to meet City diverse requirements. Industry SoftHQ's processes follow CMMI ML5, using ISO 9001:2015 standards, and are enriched using other Certification and industry standards such as PMBOK, ITIL, and Federal Regulations through performance on state Recognition contracts. These industry certifications reduce the risk to City and ensure that SoftHQ will be able to replicate its success on other tasks to the City program. Supplier SoftHQ financials are solidly based on stable state contracts, senior consultants on long term assignments, Financials and our core business of VMS based clients. We also maintain an active sales pipeline of state and commercial prospects for continued growth. As a result, our projected revenue for 2023 anticipates robust Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) growth over 2022 targeting $25 Million. We are committed to maintaining transparency with our customers and if required by City, we agree to the open book accounting and submit financial statements upon contract award. Service Provider SoftHQ's capabilities to meet the Temporary Personnel Services' staffing needs of City, stems from its Capabilities recruiting capabilities, financial stability, and its diversified business model. Our experienced recruiters work on a pro -active and re -active basis to meet the staffing needs of our clients. Our internal controls ensure that the recruiters are highly motivated and skilled performers and that they are well versed in Temporary Personnel Services. Account and SoftHQ's account and program management structure is robust and provides rapid decision Program implementation capabilities to meet ever changing needs of the staffing industry. We provide our program Management managers with the visibility on available talent through our centralized PMO and ensure that our client gets Structure the best available talent to meet their staffing needs. Communication SoftHQ understands the communication requirements of City and will ensure that it continues to meet the communication format and requirements to succeed at City. We are adept at working in complex environments and our policies and procedure facilitate the delivery of quality services in such environments. Our matured processes require accurate information, explained in this section, to ensure that we continue to provide quality services to City. Industry, SoftHQ has dedicated its recruiting effort in support of public and private sector clients since 2010. We Geographic, and have committed to continuous recruitment of talented individuals with the predominant skillsets used at Skills Coverage City and other public -sector clients. Through this recruiting effort we are prepared for future developments at City and will benefit from other City experienced talent that would add to the development of City project. Recruiting and Our process for recruiting and selection ensures we submit experienced talent with a focus to match the Selection skills requested in the City requirements. We will ensure that we continue to submit high quality talent to meet City requirements. Candidate SoftHQ's capability to meet the City requirements for candidate presentation and selection are evident Presentation and from its stellar performance on interview to hire Service Level Agreement (SLA), on the other public -sector Selection contracts. Our recruiters are experienced in thoroughly interviewing candidates to fully understand their work history, experience, and technical expertise. SoftHQ's senior management has put appropriate controls in the form of performance incentives for its recruitment team to ensure that we maintain a low ratio of resume submitted to interviews conducted. Testing and SoftHQ believes in need -based testing and training for its Temporary Workers. This program is designed Training to ensure the seasoned consultant remains at the top of their field. Temporary Workers require approval from the clients, while employees need approval from their account manager for participating in the training program, after orientation and on boarding processing is completed. Temporary Staff SoftHQ offers competitive Temporary Staff benefits and it strives to alleviate worker concerns by providing Benefits them a stable and amicable work environment, to meet their needs. In this section, SoftHQ describes its worker benefits program to illustrate that it provides industry comparable worker benefits to its Temporary Staff. Temporary Staff SoftHQ understands that the performance of its human capital assets is vital to its business strategy and Performance it strives to ensure that its Temporary Staff perform as per expectations, are motivated, and have the desire to excel on the client projects. We track information on the performance of the workers, provide incentives, take corrective actions, and take assignment close out steps to ensure that our client's requirements are met. Temporary Staff SoftHQ ensures smooth on -boarding and off -boarding of Temporary Staff by performing due diligence on On -boarding and the policies and procedures of its client, regarding Temporary Staff and ensuring that it communicates with Off -boarding the Temporary Staff during the on -boarding as well as the off -boarding process. Customer Customer satisfaction is paramount for SoftHQ, and it strives to achieve a high degree of customer Satisfaction satisfaction by providing high quality services. Our satisfied clients are the barometers of our success and we apply all our resources to achieve their satisfaction. Supported Policy SoftHQ has extensive experience in supporting the public -sector relationship. Our top down philosophy and Business and adherence to the established SOP for operations has reduced process deviations with an emphasis Rules on compliance. We will leverage our experience to ensure that we support City policy and business rules. If required, we can provide insights and lessons learned from our other similar engagements to help City decision maker's fine tune their procurement strategy. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) Training and SoftHQ provides comprehensive training and skills development program for its employees and workers Skills as warranted to support its client's needs. The training program is dictated by the needs of projects Development executed by SoftHQ and direction from the hiring managers of our Temporary Workers. Our matured processes ensure that we deliver training in a specific, measurable, attributable, realistic, and time bound manner (SMART). Applicant SoftHQ has very advanced applicant tracking processes and they are automated using an applicant Tracking tracking tool. We have been using it since the inception of our company; as a result, we have a customized of database of skilled consultants to meet the needs of our clients. This centralized applicant tracking tool serves as the backbone of our staffing services. Our automated processes ensure that we can initiate, Ian, execute, monitor, and close staffing processes with a defined accuracy. Invoicing, SoftHQ has a very advanced and agile accounting process that ensures efficient and effective invoicing, Timekeeping and timekeeping, and expense handling. With each client, SoftHQ understands through the contract what the Expense client's expense policies are. SoftHQ maintains complete and accurate records to support and document Handling all Temporary Worker's Time and SoftHQ Expenses under this Agreement and each Purchase Order in accordance with generally accepted accounting principles consistently applied. We will provide our invoicing reports on weekly basis with customized billing of all electronic invoices sent to the City. Reporting SoftHQ understands that City may require different type of reports to validate and ensure its partner performance. In answering questions for reporting, we describe our reporting capabilities and provide a list of standard reports available to City on demand. ■ A complete report of Temporary Staffing Activity of SoftHQ with City including the Submissions, Interviews, Starts, roll offs, start dates, job titles, number of hours worked, invoiced amount, paid amount, etc. ■ Number of Purchase Orders that has been addressed on Weekly/Monthly/Yearly basis ■ Number of Starts in a particular Month/Quarter/Year ■ Number of Interviews in a particular Week/Month/Quarter/Year ■ Number of Submissions in a particular Week/Month/Quarter/Year ■ Number of Hours billed by each consultant on a Weekly/Monthly/Yearly ■ Total revenue generated on a weekly/monthly/yearly basis for both Sub Contractor Workers and Workers ■ Summary reports for each pay cycle 3 FIRM AND TEAM EXPERIENCE 3.1 Description of the Firm SoftHQ, Inc. (SoftHQ) is a for -profit organization established in 01/28/2010 as a C Corporation in the State of California. SoftHQ is a certified MBE led by Kranti Ponnam as President -Operations, and Hemant Joshi Neupane as Director -Consulting Services. SoftHQ has successfully employed 757+ employees at various State and Commercial clients within the last year, both full-time and part-time. We have successful in recruiting cleared, skilled, and qualified consultants through our veteran recruiters who possess industry experience in sourcing diverse candidates with subject matter expertise in their fields. Below table illustrates our Corporate Information. Firm's Legal Name SoftHQ, Inc. State of Incorporation CA Date of Incorporation 01/28/2010 Secretary of State Number C3271002 Headquarters / Business Address 6494 Weathers Place Suite 200, San Diego, CA 92121 Email Address rf softh inc.com / kranti softh inc.com Website www.softhg.com No of Years doing Business 13+ Single Point of Contacts Name: Kranti Ponnam; Designation: President Phone: (858) 658-9200; Fax: (858) 225-6834; Cell: (847) 513-2999 Email: rfp@softhginc.com / kranti a@softhginc.com Current Location: 6494 Weathers Place Suite 200 San Diego CA 92121 Names of Principal or Officers Authorized to Bind the Firm President 7Kranti Ponnam (100%) Exhibit 1: SoftHQ's Business Information Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHQ SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) 3.2 Firm's Nearest Address Serving the City of Santa Ana and Headquarters Address SoftHQ operates from the City of San Diego with our headquarters at 6494 Weathers Place Suite 200 San Diego CA 92121, and we would like to leverage this address to serve the City of Santa Ana to provide Temporary Staffing Services. 3.3 Name and Contact Information of the Project Manager ■ Name: Kranti Ponnam ■ Title: President ■ Cell: (847) 513-2999 ■ Email: rfp(@softhginc.com 3.4 Key Personnel Resumes SoftHQ is a professionally managed company with Executives having more than 15+ years of experience in senior level management. Our management team is well conversant in working State and Local government agencies and has vast experience in identifying and staffing their complex Firm -Fixed Price, T&M, LH, and Hybrid projects and executing them to the fullest satisfaction of our customers and won accolades many a times. Our consultants are the key to our business, and they provide us and our clients with proven success and expertise in terms of both domain and technical expertise that makes any project a huge success. Please find below the details of our Corporate Reach -back Team, Key Personnel — Account Management Team and Recruiters assigned to this Contract: 3.4.1 Proposed Account Manager/ President: Kranti Ponnam Position Title: President/Account Manager (Corporate Reach -back) Education: Master's in Engineering, Louisiana Tech University Responsibilities: Mr. Ponnam oversees SoftHQ's operations at the client site to ensure production efficiency, quality, service and cost-effective management of resources. He works to streamline internal processes and resources and to maintain a high level of customer service. He has expanded the company's service and product offering from a single service to a multi -language, multi -platform mix. Qualifications: Mr. Ponnam is an IT architect with more than 11 years of IT experience as a senior consultant, team leader and project manager. He is experienced and has demonstrated expertise in technology strategy, enterprise architecture, IT governance, business process management, software development, infrastructure architecture, change management and quality assurance. His core domains of expertise are in enterprise architecture and business architecture; he has supported solution architecture and proposal authoring for other organizations, and also takes on roles of Virtual Chief Information Officer (CIO), enterprise architect and technology architect. Mr. Ponnam also has over 16+ years of experience in Account Management, Operations, and Customer Relationship Management & Business Development. He has extensive experience in ensuring the timely and successful delivery of our IT staffing solutions according to customer needs and objectives. He has proven experience in communicating clearly the progress of weekly, monthly, and quarterly status updates to internal stakeholders. He is skilled in heading various State accounts to effectively manage day to day operations and liaising with key State agencies to gather requirements and understand overall functioning of existing resources. He is well versed in managing, motivating and leading teams for running successful business process operations with proven ability of achieving Service Delivery/Targets. He is skilled in identifying and growing opportunities within account, collaborating with recruitment team to ensure growth attainment. He has strong experience in managing on -site consultants and responding to all questions or concerns and proficient in generating client monthly reports and delivering to government Program Management Officer. He possesses excellent skills in building and maintaining strong, long-lasting customer relationships. Core Competencies: ■ Full life cycle recruiting experience from requirement gathering to fulfilment ■ Lead account manager for multiple staffing implementations at State, Local, and Federal contracts ■ Extensive experience in reviewing, negotiating, and signing all company Non -Disclosure Agreement's, Teaming Agreement's and Subcontract's ■ Proven experience in assisting in the creation and implemented a new company Contracts procedure, which allows for better company documentation, providing ease when it is time for PMO Reporting • Strong experience in scheduling company meetings and schedule meetings between executives and clients and experience in maintaining the company's equipment log ■ Proficient in managing collection, documentation and distribution of all hardware and software equipment and possess strong experience in maintain accounts payable and accounts receivable, invoices, personnel files, and company reports ■ Experience in scheduling initial screening and follow-on interviews as needed ■ Proficient in writing company Staffing Services Agreement and distributed to team so company may begin pursuing staffing efforts Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) Professional Certifications: ■ SAP America certified Finance and Controlling Consultant ■ SAP America training on Materials Management and Sales and Distribution ■ SAP America training on Business Planning and Consolidation (BPC) (formerly known as Outlook soft) ■ SAP Leasing Courses for Lease Accounting integration with CRM Years of Experience: 15+ Years 3.4.2 Lead Recruiter: Miles Hamilton Position Title: Senior Technical Recruiter Responsibilities: Mr. Miles Hamilton has been a Senior Technical Recruiter with SoftHQ for the past 10+ years in San Diego. He is in charge of staffing for engineering, information technology, technical, administrative, clerical, labor, industrial, and skilled trade crafts professional positions. Mr. Hamilton has won numerous awards on a regional basis with SoftHQ, including Recruiter of the Year five times. Mr. Hamilton has overall 7+ years of experience working as a Lead Recruiter with proven experience and handling full life cycle recruiting, salary negotiations, offer letters and full on -boarding process & managing applicants through the entire recruiting lifecycle. He is skilled in conducting searches for candidates using traditional and creative sourcing methods, including but not limited to: internal database searches -including pipeline candidates, networking using social networks and internet resources to include online searches, Internet postings and searching using search engines, technical groups and upcoming transition/re-market consultants in accordance with client needs. He is proficient in determining candidate suitability by evaluating the requirement, negotiating compensation package, assessing relevant experience, education, skills and personal qualifications as well as candidate's hot buttons to determine candidate match to the job qualification, pay type/rate, relocation benefits, required H 1 processing, etc. and obtaining candidate approval ('right to represent') and presents qualified candidates to clients through a customized resume including a compelling synopsis. He has successfully submitted candidates to open requirements in accordance with client mandated SLA's. He has experience in coordinating and assisting in scheduling technical and client interviews, including candidate interview preparation and debriefing. Pre -closing candidates on job opportunity and maintaining communication with candidates in the fulfilment process to understand viability of candidate for the position and maintaining a high level of daily/weekly production, measured against submittal, interview and placement activity. Core Competencies: ■ Proficient in managing recruiting and interviewing candidates ■ Experience in handling assessments and carried out reference checks ■ Hands-on experience in developing and identifying creative cost-effective recruiting strategies designed to identify qualified candidates through various recruiting tools including Linkedln, Google searches, job boards, referrals, networking and job fairs ■ Experience working with account managers to identify top accounts, target skill sets etc. ■ Proven experience in to deliver high quality and quantity of candidates by utilizing strategic sourcing methodologies, internal and external networks, professional organizations, social media, branding initiatives and technology tools 4 PROPOSED WORK PLAN 4.1 Understanding of the Scope of Services SoftHQ understands that the City requires a successful vendor to provide Temporary Staffing Services on an as -needed basis for the positions including but not limited to Accountants; Accounting Assistants; Legal Secretaries; Office Specialists; Paralegals; Receptionists; and Secretaries. 4.2 Approach to Performing Services Since our founding, our client centric service philosophy has been a driving principle in our success. Our ongoing pursuit of excellence in this area has resulted in receiving numerous awards and a leading firm in talent management research. We will follow the following approach during the contract term within the timeframes that are mutually agreed in line with the City's requirements. The City's request of need will initiate SoftHQ's streamlined job ordering process. SoftHQ has a standardized Job Order Response Process that provides an overview of how we will ensure the availability and qualifications of contractor personnel. The breakdown of SoftHQ's Work Order / Job Order request Response Process is as follows: Step 1 —Work Order /Job Order Request Submitted: Work Order / Job Order is submitted by the City to a SoftHQ Account Manager, Mr. Ponnam via phone, fax, or the Internet. The Account Manager (AM) will act as a single point of contact for the City. The SoftHQ Electronic Procurement software can alternatively be utilized to automate the procurement process. Step 2 — Acceptance of Order and Initial Response: The SoftHQ Account Manager accepts the order and enters it into SoftHQ's internal Office Automation database. The Account Manager will then respond to you within 30 minutes to confirm that they received the order as well as provide a status update. Further information may be requested at this stage from the contracting officer or department head at the City. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) Step 3 — Job Order is Sent Out: Utilizing automated software, the Account Manager maps out the job order to the appropriate SoftHQ and subcontractor offices to identify the best candidates (if new recruits are required). Step 4 — Evaluation Process: Once a qualified candidate is identified, SoftHQ completes a customized evaluation process for the City. This may include credit, criminal and drug screening as well as an in-depth review of job requirements and expectations. SoftHQ understands that the City requires experienced candidates, and this requirement is included in over overall evaluation process. If the candidate meets all requirements and accepts the positions we will move onto the next step. If not, the previous step is repeated until a qualified candidate match is made. Step 5 — Interview/Final Approval: The candidate is then interviewed or presented for a final approval by the City. If approved, the candidate is confirmed for a start date. SoftHQ will notify the temporary associate in writing with information specific to his or her assignment if the position is accepted. Step 6 — Orientation: Prior to the start date, SoftHQ will provide the candidate with a full orientation on the job and the City environment, as well as information on how to complete their timecard or assign them a Badge/password for SoftHQ's Time and Attendance Processor (TAP) or Web Time Capture software, if the City decides to use these options. Step 7 — Quality Control: On the first day of assignment, the SoftHQ Account Manager will conduct a quality control call to the candidate's supervisor. At the end of the first week, another quality control check will be completed. Afterwards, the SoftHQ Account Manager will conduct ongoing quality checks to ensure that the candidate is performing up to, or better than, expectations for the City. 4.2.1 Recruitment Methodology SoftHQ's approach to recruiting provides a robust model to address all the critical factors and services that are essential to the clients and employees for a successful outcome. This consultative model entails an engaged dialogue between Recruiter, Client and Candidate to enhance the level of partnerships with all stakeholders. Our recruiters approach every recruitment effort with a broad understanding of the specific operational needs of their clients and provide a robust and competitive pool of applicants. At SoftHQ, we work diligently to attract, recruit, and retain the most qualified and diverse candidates to support strategic, technical, operational, and service excellence goals of our clients. With this approach, we are able to provide full career lifecycle planning services that specially designed to meet the unique need of temporary professionals. These services include global recruiting network, processing of professional work visas in the US, advanced training and development, marketing and placement of consultants, comprehensive employee benefits package, collaborative partnership opportunities and career planning. By this comprehensive approach which addresses all the needs of potential and current employees, we are able to attract high quality of staffing personnel, which in turn gives us critical competitive advantages. The SoftHQ advantage: Being in the staffing services space for over twelve years has helped us cultivate and mature some of the best talent in the business. Some of our key strengths are: ■ Management team having extensive experience and expertise in this business of more than 15 years ■ Formidable force of highly technical recruiters for satisfying our clients' Staffing requirements • Expert Immigration Support, to procure and retain non-immigrant workers. This is also extended to any non-immigrant workers requiring expedited Immigration support while they are still continuing to deliver on the client's team ■ Proactive recruiting — Our team of recruiters are always on the look -out for highly skilled administrative professionals from higher educational institutions in the CA or willing to relocate, and have built a reputable list of talented candidates We use several recruitment techniques to identify and recruit highly qualified individuals who share our goals and vision. As a knowledge -based consulting company, our first and most successful method of recruitment is by internal recommendation. We also recruit personnel through databases and job fairs such as TechExpo as well as through partnerships with specialized recruitment firms. We use job boards such as Job Diva, Dice, Monster, CareerBuilder, and Clearance Jobs to recruit employees nationwide. As part of our full cycle recruitment process, we utilize an Applicant Tracking System that allows us to track and monitor applicants on a continuous basis. Thus, we maintain an active and updated list of qualified candidates. Our resume database contains over 500,000 qualified resumes. Top candidates are interviewed and pre-screened (reference and background checks, education, and credentials verification) and placed on a preferred list for future opportunities. When a position opens, we identify the skills, experience, and security requirements for the position, and search our candidate database to identify the best suited individuals. We then contact the qualified candidates to begin the hiring process. Our President assesses all candidates based on the same criteria as detailed in the job description. The best suited individual is selected for employment based on knowledge, skills, and cultural fit. With this proactive process, we screen individuals quickly and provide them with a formal offer pending client approval. 4.2.1.1 Sourcing Strategy Our proven recruiting model, detailed in Exhibit 2 is supported by dedicated recruiters that serve a contract portfolio of 98 state contracts. In our 13+ years supporting state contracts as a prime and providing IT support, our recruiters have built a qualified candidate database with over 500,000 resumes of skilled temporary personnel. We further bolster our access to cleared, qualified Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) staff through effective teaming. Retaining outstanding performers is emphasized throughout our approach in order to ensure mission continuity and successful program performance. Therefore, all SoftHQ members are dedicated to actively retaining our staff and identify those who are exceptional performers. Integrated Security and HR: Expedites onboarding, ■ Streamlined the hiring process for all of SoftHQ's prime keeps direct and immediate focus on employees contracts (ASU, MassDEP, FHLB, SAWS, CDTA, HCIDLA, DA throughout their employment, and adds security in the Cluster, and DHW) recruiting process to avoid process risk ■ Fostered hiring over 21 people for DA Cluster in less than 2 weeks Readily Available Staff Pipeline: Our recruiting team ■ Resulted in current SoftHQ database of <500,000 resumes stays in direct contact with many cleared, skilled ■ Allowed a <2-week average requisition to fill rate candidates who wish to work for a small company — this ■ Delivered access to 20+ staff to kick off work at LA Department "warm pipeline" provides immediate access to qualified of Building and Safety in 2013; filled positions in less than 30 resources interested in working for our team days Exhibit 2: Staffing Approach SoftHQ's approach to recruiting provides a robust model to address all the critical factors and services that are essential to the clients and employees for a successful outcome. This consultative model entails an engaged dialogue between Recruiter, Client and Candidate to enhance the level of partnerships with all stakeholders. Our recruiters approach every recruitment effort with a broad understanding of the specific operational needs of their clients and provide a robust and competitive pool of applicants. At SoftHQ, we work diligently to attract, recruit, and retain the most qualified and diverse candidates to support strategic, technical, operational, and service excellence goals of our clients. •d°b A,a •, When SoftHQ is contacted by the City cit :Di,, t Subcontractor regarding a service issue, the first step will be Resumes : ink'an b to immediately document the situation and • SoftHQ R'ebsire ,o • \;ail merge to Qualified Candidate obtain whatever information is needed to • Cold Calline sorial\Leda provide quick resolution to the issue. Once the Harsesring Ptnress Yes problem is clearly understood, the Account ' Manager will provide immediate follow-up and • Resume Chec1: Proce ss Clearance •Teeh-1 Sill u°rk Offer Lettex CCode of Check as perCm koxkEa edenre • 5°ftss conduct Cleatance a specific time frame in which the City can Cite k P • 13-ker°und • Eanpl°vee Handbook Requirement=_ C°ndb°.s °fE pl°net expect action, as well as provide periodic E-[ erih Emergency Contact Recruiter Techniral o 'PrSerurin- �etiog �temeR6 --► , bn°up HeahEn ° fl,eat �eat,n�e --► status reports while working on the issue. • Direct DepositFmm If a correction requires immediate replacement CANDIDATE V�i7. PROC s q p • Over _ of City . ... of a temporary employee, or if the temporary Objectives ,' ' - • , Too bF° edwea ID 6adee employee's performance is still considered • Ethirs Coordination • • iimesheet • Por[able Equipment • Hwlduce =OCe°= unsatisfactory even after additional instruction • Peogram Ponal -.cce =_. men.°A and coaching, the Account Manager will take the needed action to discreetly end the assignment after working hours that same day. A qualified replacement, if needed, will be sent as soon as that individual has cleared any City mandated background screenings. During this period, the Account Manager will maintain communication with the appropriate City personnel to ensure seamless transitioning. Also, if needed, the Account Manager will escalate the issue to the CEO. Once the situation is resolved, SoftHQ will schedule a follow-up where we can review, confirm satisfaction and discover ways in which the process might be improved for the future. SoftHQ will also add the information to its records in order to monitor complaint escalation and resolution and satisfaction trending over time. Additionally, the Account Manager will conduct on -site premise visits and meetings with SoftHQ temporary employees as well as the City personnel to address any issues, questions, or otherwise ensure that our quality standards are maintained. To resolve poor performance / disputes, our quality planning occurs in partnership with the City, as City Management team plays an active role in the finalization of the Quality Control Plan (QCP) and its tailoring to meet specific job description task performance requirements. The QCP specifies the surveillance, inspections, and controls necessary to achieve specified levels of quality and identifies the personnel, procedures, controls, records, and forms to be used. It provides a systematic method for identifying, tracking, and resolving quality issues throughout the employment/recruitment lifecycle and identifies the processes and tools required to execute the plan. 4.2.1.2 Ability to Match the Employee's Knowledge, Skills, and Abilities to those required for Each Specific Assignment SoftHQ has several mechanisms in place to assess and enhance the technical competencies of its staff. We will conduct an online pre-screening test and a thorough technical interview conducted by the experts from Corporate AMO along with the soft skill Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) interview conducted by the President of SoftHQ. This analysis will result in securing a highly competent technical staff for the City's Temporary Labor Services program. The results of the interviews will be collated in the form of staff skill set matrix. Our pre- screening is a proven and effective process leveraged from numerous occasions in the past. Not only do we screen, test, and interview the candidates, but we also clarify the position we are trying to fill. The skill set matrix rates technical and soft skills for every individual at the contract level and corporate level to maintain the minimum competency required for the contract. SoftHQ's sourcing and screening process provides us with appropriate data on all the qualified candidates from which we are able to make comparisons between candidates, resulting in the final selection of the best candidate. Our screening process is one of the best in the industry, and we have had tremendous success in providing the best available resources. Our process eliminates ambiguity regarding the match of the candidate to the position. Our process validates the candidate's qualifications for the job and allows the candidate to confirm that the value proposition of the role is a good fit. Our screenings require time and dedication from all the people involved in the process; however, they allow us to avoid the mistake of a poor hire — which has historically proven to be more expensive and time consuming yet. 4.2.1.2.1 Position Analysis and Customer Outreach SoftHQ's AM will lead the engagement, with the support of our recruiting team, who is formally trained in recruiting. This team is closely aligned with the technical team, performing the detailed analytics of the role, job description and scope of the assignment, to fully understand the customer's role expectation and level of experience required to successfully perform the job duties. SoftHQ will interact with the relevant stakeholder from the customer's end to clarify any open issues, gather additional information about resource requirements, create detailed job descriptions and understand the open positions' value proposition. Because of our past experience and exposure to skills and open lines of communication with our customers, we will not only evaluate resources on their technical abilities, but also their cultural fit and alignment with the future of the organization. 4.2.1.2.2 Ability to Attract Qualified Personnel SoftHQ's Employer Branding is a collection of ideas and beliefs that influence the way current and potential employees view an organization and the employment experience that the organization is offering. We communicate the City's culture and values and help to ensure employees are passionate about. And fit in with, the organizational culture to help to move the City forward. It helps us recruit highly skilled and promising new employees and it enhances their loyalty by increasing their identification with the City. It also raises the City's visibility in the job market and makes it stand out from the competition. SoftHQ's HR Manager will conduct a research to develop an Employer Value Proposition to convey it across to all the potential hires. We will convey the potential for growth, benefits, work culture, and flexibility at City with clear and factual proof points. We will convey the retention rates, conversion rates, employee satisfaction surveys, and create City brand awareness and attractiveness among the potential hires. 4.2.1.3 Methods for Drug Testing and Background Screening SoftHQ provides unmatched employment screening services and hiring solutions, and stringent quality standards. ■ Social Security Number Verification ■ Identity Search ■ Employment History Check ■ Education Check ■ Reference Checks ■ Credit Check ■ County / State / Federal / National Criminal Database Check ■ National Sex Offender Registry Check • International Criminal / Education / Employment Checks • OIG, FACIS or Sanctions Check ■ Motor Vehicle Records ■ Medical History Check ■ 1-9 and E-Verify ■ Drug Screenings 4.3 Description of Deliverables, Implementation Plan and Timeline SoftHQ, after receiving a request /order from the City, the turnaround time to place a qualified temporary employee is typically four (4) hours. Specialty positions require an 8 to 24-hour turnaround, and ASAP orders generally can be filled within two (2) hours. SoftHQ utilizes a proprietary software system called Office Automation (OA). Our OA allows the Account Manager, Mr. Kranti Ponnam to instantly identify a select group of candidates that match the job descriptions submitted by the City. This allows the SoftHQ branch office to expedite job order requests by the City by identifying candidates instantly. SoftHQ's streamlined job order process will ensure that our response time meets all the requirements of the City. SoftHQ will supervise, control and shall take appropriate action to address in a timely manner through disciplinary action, performance counselling, and additional training, to rectify any performance or conduct problems identified by the client relating to Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. SOFTHO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) the assigned employees. In the event that the employee is unable to fulfil his job duties or into a conduct problem we will provide a replacement within 7 business days for non -critical positions. We understand the importance of availability and will have additional staff trained and ready to back up existing resources in case of any unforeseen emergencies for mission critical programs and projects. These additional resources can also be used on an as -needed basis during peak times or for supplemental coverage as needed and to maximize flexibility and efficiency. We will provide the client with a staffing plan that includes on -call and backup resources for surge or emergency situations. We will take appropriate measures to provide 24/7/365 coverage, if required by the client. In an event where SoftHQ fails to place a temporary employee within the mutually agreed time, SoftHQ will utilize its Active Partnerships with technology and non -technology specific vendors (subcontractor capabilities) to place the candidate within 36 hours. SoftHQ gives the quality of resource and time of turnaround a much higher consideration than the profitability/margin on that one resource. Our average time required to identify an appropriate resource upon receipt of a client re uest is following: Hours <=2 2- 8- 12- asks Responsibilities g 12 16 20 48* Note: These are examples of steps. Each situation may be different A. Client Requisition ■ Analyze client staff requisition and write synopsis of the ■ Account Manager requisition ■ Alternate Account Manager ■ Submitting position description and client requirements in Job diva tools ■ Identify any necessary qualifications ■ Assigning to SoftHQ team lead through internal Job ■ Recruitment diva tool Manager B. Identify Consultant 3 — 5 Consultants ■ Check if there is matching skilled consultant available "on bench" ■ Identify existing skill sets and candidates within SoftHQ Job diva database ■ Post job to external job sites (SoftHQ website, Dice.com, Monster.com, CareerBuilder.com and shared with approved subcontractors). ■ Recruitment Team ■ Sourcing candidates from various job sites by conducting Boolean search and detailed communication with prospect consultants. ■ Sourcing candidates from our internal employee pool. ■ Sharing the requirements with our consultants by posting them on our internal website for internal referrals. C. Pre -Screening and Interview SoftHQ ■ Executing a comprehensive pre-screening that confirms motivation, previous experience, salary, skill level, required education/certification/ license, clearance and potential team fit. ■ Pre-screening includes online test (using Prove -It, Brain bench & internal tools) and general knowledge Recruitment Team test. ■ Discussing salary requirements and relocation needs with candidates ■ Providing SoftHQ overview and explain benefits ■ Evaluating attitude and aptitude by discussing team scenarios Skill Evaluation Experts Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 10 HO SoftHQ, Inc., April 19, 2023 RFP No. 23-051 for Temporary Staffing Services City of Santa Ana, CA — Request for Proposals (RFP) Recruitment Timeline (Numb Hours) <=2 2- g 1 8- 12 12- 16 16- 20 20 48: asks AN[ Responsibilities Note: These are examples of steps. Each sit n may be different • Conducting initial assessment of the candidate's qualifications ■ Conducting detailed interviews based on job requirement Soft Skills Evaluation ■ Evaluating candidate's communication, creativity, analytical thinking, diplomacy, flexibility, change - readiness, problem -solving, leadership, team building, and listening skills D. Evaluation SoftHQ ■ Preparing the feedback form to summarize the results of the interview and update Job diva with qualified ■ Recruitment consultants Manager ■ Relaying interview results to the consultants ■ Checking consultant's references ■ Account Manager E. Submission to the City ■ Creating skilled matrix matching required skills with experience of consultants to present consistent skill ■ Recruitment summary to client Manager ■ Account Manager ■ Submitting resumes with a Skill summary of the selected consultants and references to the City Exhibit 3: SoftHQ's Response Timeline 5 ATTACHMENTS 5.1 Attachment A — Proposer's Certification and Proposal Item Pricing SoftHQ inserted the completed Attachment A in the following pages. 5.2 Attachment B — References SoftHQ inserted the completed Attachment B in the following pages. 5.3 Attachment C — Proposer's Statement SoftHQ inserted the completed Attachment C in the following pages. 5.4 Attachment D — Non -Collusion Affidavit SoftHQ inserted the completed Attachment D in the following pages. 5.5 Attachment E — Non -Lobbying Certification SoftHQ inserted the completed Attachment E in the following pages. 5.6 Attachment F — Non -Discrimination Certification SoftHQ inserted the completed Attachment F in the following pages. 5.7 Attachment G — Cost Proposal Form SoftHQ provided the completed Attachment G as a separate attachment. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 11 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:Superior Court of Imperial County Contact Individual: Laura E. Flores Address: 939 W. Main Street 2nd Floor El Centro CA 92243 Contract Amount: $250,000.00 Phone Number: (760) 336-3528 EMAIL: Iflores@imperial.courts.ca.gov Year: Apr 2020 - Mar 2023 Description of supplies, equipment, or services provided: SoftHQ provides Temporary Staffing Services to the Superior Court of Imperial County on an as -needed basis. REFERENCE Customer Name:Orange County Sanitation District Contact Individual: Jennifer Martin Address: 10844 Ellis Avenue Phone Number: (714) 593-7582 Fountain Valley CA 92708-7018 Contract Amount: $250,000.00 EMAIL: Jmartin@ocsd.com Year: Jun 2018 - May 2023 & Jun 2023 - May 2028 Description of supplies, equipment, or services provided: SoftHQ provides Temporary Employment Services to OCSD and won a renewal contract recently. REFERENCE Golden Gate Bridge Highway and Customer Name: Transportation District Contact Individual: Johnathan Lucas Address: P.O. Box 9000, Presidio Station San Francisco CA 94129-0601 Contract Amount: $250,000.00 Phone Number: (415) 923-2091 EMAIL: Jlucas@goldengate.org Year: Jun 2020 - Jun 2025 Description of supplies, equipment, or services provided: SoftHQ provides On -Call Temporary Staffing Services to the Golden Gate (District) on an as -needed basis. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. FirmSoftHQ, Inc. Signed and Printed Name: Kranti Ponnam'�_ _ Title President Date 04/18/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of CA , County of San Di Subscribed and sworn to (or affirmed) before me on this 18t" day of April , 20 23 , by Kranti Ponnam proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. K3WTU Nic Signature BRIAN HERNANDEZ Notary Public • Catlfornia San Diego County Commission A 2302997 •My Comm. Expires Aug 25, 2023 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: -_�Kranti Ponnam Title: President Firm: SoftHQ, Inc. Date: 04/18/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed:Kranti Ponnam Title: President Firm: SoftHQ, Inc. Date: 04/18/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable (Z) CITY OF SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/80 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY OF SANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Overtime CLASSIFICATION Rate Bill Rate Mark-up Accountant $ 18.50 - 22.50 $ 26.27 $ 31.95 42 % $ 39.41 - 47.93 50 % Accounting Assistant $ 21.50 - 25.55 $ 30.53 $ 36.28 42 % $ 45.80 - 54.42 50 % Legal Secretary $ 35.00 - 55.00 $ 49.70 $ 78.10 42 % $ 74.55 - 117.15 50 % Office Specialist $ 21.50 - 28.00 $ 30.53 $ 39.76 42 % $ 45.80 - 59.64 50 % Paralegal $ 35.00 - 65.00 $ 49 70 $ . 9230 42 o /0 7455 - 13845 $.. 50 0 /o Receptionist $ 18.50 - 22.50 $ 26 27 $ 31.95 42 % $ 39.41 - 47.93 50 % Secretary $ 18.50 - 25.50 $ 26.27 $ 36.21 42 % $ 39.41 - 54.32 50 % Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 42 OTHER TECHNICAL AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. Direct Hire Lump Sum Fee DIRECT HIRE PLACEMENT (Please Explain Below) $ 20% of Base Salary Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please (9) CITY OF SANTA ANA explain briefly in detail your policy and pricing on the hiring of your temporary workers. Attach additional pages if required. SoftHQ will charge a fee of 20% of the Temporary Employee's Base Salary for the Direct -Hire placements. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TEC GROUP, INC. FOR ON -CALL TEMPORARY STAFFING SERVICES THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between TEC Group, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of Temporary Staffing Services on an on -call basis for the City's Human Resources Department, B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be trade within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment Page I of 9 need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026, with the option for the City to grant up to two, one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Page 2 of 9 a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with Iimit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) insurance appropriates to the Consultant's profession, with limit no less than S 1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Page 3 of 9 Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Aeeeptability of insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver -unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Deanna Lopez Sr. Sales Account Manager TEC Group, Inc. 47 Discovery, Ste. 200 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B• ONATHAN T. MARTff4EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: DEANNA LOPEZ Sr. Sales Account Manager Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: • Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. • Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. • Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. • Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. • The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CAPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: a. Agreement number; b. Requesting City Department c. Department Contact Name 1 Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. B. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CaIPERS rules regarding CaIPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CaIPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. 1. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office SuDport In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secrets / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined - CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https://www.goveri)rnentiobs.com/c,areers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: a. Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above 2. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. EXHIBIT B CONSULTANT'S PROPOSAL Exhibit I TEC Group Proposal Specifically prepared for City of Santa Ana REQUEST FOR PROPOSAL NO.23-051 FOR TEMPORARY STAFFING SERVICES Proposal Due Date: Wednesday, April 19, 2023, 4:00 P.M. Main Point of Contact: Deanna Lopez Sr. Sales Account Manager Cell: 949-556-0374 TEC GROUP, INC. 47 Discovery, Ste. 200 Irvine, CA 92618 949-527-6695 Email:-flopez@tecgroup.biz www.tec.biz +CCOIc TABLE OF CONTENTS I. Table of Contents..................................................................................................................1 2. Cover Letter........................................................................................................................2 3. Services Provided............ 4. Agreement Statement.............................................................................................................4 5. Firm and Team Experience......................................................................................................4 b. Proposed Work Plan..............................................................................................................5 7. References.........................................................................................................................5 8. Cost Proposal............................................,.....................................................................5 Certifications/Attachments A Proposer's Certification, Proposal Pricing. 13 References C Proposer's Statement D Non -Collusion Affidavit E Non -Lobbying Certification 1: Non -Discrimination Certification G Cost Proposal Form Exhibits Exhibit 1- Proposal Title Page Exhibit If- Resumes of TEC Group Team 1 a Cover Letter April 19, 2023 Lori Schnaider. Operations Manager City of Santa Ana- Human Resources Department 24 Civic Center Plaza Santa Ana. CA 92701 Dear Lori. Thank you for the opportunity to assist the City of Santa Ana with its temporary staffing needs. We have received your Request for Proposal NO. 23- 051 for Temporary Staffing Services. It is my pleasure to submit a proposal on behall'oYTFC Group. The following information that is included in our proposal shall remain valid for three (3) years. TEC Group offers outstanding customer service while providing qualified temporary candidates to our clients. Our mission has been to consistently provide our clients with the best professionals for the job, not just who is available. Our foundation is built upon developing an intimate knowledge of our clients' needs and assembling a group of qualified professionals to fill those needs. Our specialty is, and always has been, finding the best talent. TLC Group recruits and employs quality talent for our clients, thanks to our exceptional recruiting team that is experienced and specialized with over 75 years of experience. Our team consists of passionate. enthusiastic, committed, long term employecs. My team and 1 look forward to providing excellent service while also providing quality candidates for your temporary staffing needs. TEC Group is successfully assisting other clients in Orange County, and we took forward to doing the same for the City of Santa Ana. We are confident that our specialized recruiting team would assist you well and provide you with the staffing service that you desire. TEC Group has been in business since 1980 and has a local office in Irvine that is ready to assist you. Our specializations include: Administrative d Clerical, Accounting & Finance, IT, Sales & Marketing Human Resources, Cuslomer 3eMee & Call Cenur and Engineering & Design. With our extensive staffing experience and remarkable results, specifically for our clients in Orange County, I am confident that TEC Group would be a great staffing choice for the City of Santa Ana. Thank you and best regards, i 7 Deanna Lopez Sr. Sales Account Manager z b. Services Provided A. GENERAL CONTRACTOR REQUIREMENTS TEC Group will provide Clerical, Accounting, Office, Administrative and Professional candidates to the City of Santa Ana. as requested. Additionally, TEC Group specializes in the follow ing: • Administrative & Clericai 0 Human Resources • Customer Service & Call renter • Accounting & Finance & IT 0 Sales & 'Marketing • Lngineering & Design TEC Group will submit qualified candidates to the City in a timely manner, within 2 hours after being requested. All scheduled work dates will be coordinated at least one day prior to the start of an assignment. A detailed proposal of the assignment and an invoice will be provided, according to the specifications provided by the City department_ Prior to placing a TEC Group temporary employee at the City. the following criteria will be followed and in place: • Proper 1-9, Employment Eligibility Verification • Live Scan fingerprinting and/or background check have been processed, completed and passed, if requested by the City. • Selected TEC Group temporary candidate selected for an assignment meets all essential job functions and minimum qualification requirements for the various types of services. • Typing speed of TEC Group temporary candidate is at least 30 wpm. and Microsoft Office capabilities have been tested and are met with positive results as required. • TEC Group conducts due diligence employment verification/references of the TEC Group temporary candidate to verify work history and positive feedback. • The TEC Group temporary candidate is bilingual in English and Spanish or Vietnamese when required for an assignment. • Verifies that TEC Group temporary- candidate is not a retired annuitant of the California Public Employees' Retirement System (Ca1PERS). TEC Group will not impose a temporary to permanent placement fee. It is not applicable for temporary candidates that are hired by the City through the competitive recruitment process, regardless of introduction or assignment by TEC Group. Direct hire placement is only applicable for direct hire placement requesis or if a TEC Group temporary candidate was hired without a competitive recruitment process. A. $PECIEWATIONSISCOPE OF SERVICES The City of Santa Ana Human Resources Department will contact TEC Group for temporary services and provide the title, skills and experience that is required. Certain positions may require bilingual skills. TEC Group will provide temporary candidates as required and approved by City departments to work at the various City of Santa Ana locations. TFC Group will compare the job requirements to the TEC Group temporary candidates' qualifications, and will email resumes along with test results, when requested. TFC Group will follow up with the City in a timely manner, and within two hours to provide names of qualified TEC Group candidates for City approval. If TEC Group is unable to identify a qualified TEC Group candidate within four hours of the initial request, the City reserves the right to reach out to other temporary agencies for assistance with the placemem- Once a TEC Group candidate has been selected and the hourly pay rate has been agreed upon, "1'EC Group will provide a detailed proposal to the Cit) , including the job description, hourly pay rate of the TEC Group candidate. and the mark-up rate. -rhe City will then review and sign the proposal, once approved. All TEC Group invoices will include the following a) Agreement number, b) Requesting City department. c) Department contact name/requester name d) TEC Group candidate's name. 0 Hourly pay rate and mark-up rate, I) Dates of assignment duration, g) Total hours worked during duration of assignment Tee Group will provide the TEC Group temporary workers who have the required skills for the assignment. City has the right to end a TEC Group temporary candidate's assignment for poor work performance, poor attendance or for other business -relates! reasons. When requested by the City, TEC Group will end TEC Group temporary candidate's assignment, at the specified time and date. A replacement for the ended TEC Group temporary candidate will be provided, if requested by the Cit). TEC Group will be responsible for all decisions concerning matters of hiring. firing, discipline, payroll, benefits such as vacation. paid sick tear e. and other leave benefits. TEC Group temporary candidates are TEC Group employes and are in no way considered City employees. TEC Group will be responsible for all communication regarding the job assignment at City as these TEC Group temporary candidates are employees of TEC Group. This includes relaying of the work hours to all TEC Group candidates as the majority of City agencies and departments work under the C:ity's 9/80 work schedule (Monday to Thursday; 9-hour workdays, Friday 8-hour workday; and closed every other Friday on regular City hall closure dates). TEC Group will provide City with testing results for positions, as requested. These services will be included in our rates that are proposed in TEC Group's COST PROPOSAL FORM. Attachment G. TEC Group temporary candidates are not allowed to work more than 960 hours in any fiscal year period (duly 1-30). TEC Group is responsible for tracking the hours worked by all TEC Group temporary candidates at City, and to notify the City Department contact and the Human Resources Department within 30 days of any TEC Group temporary candidate reaching the limit of 960 hours. TEC Group will comply with all applicable. local. state. and federal laws and regulations, including California Assembly Bill 1028 (effective Januarx L 2012) and CalPT:RS rules regarding CalPFRS Retired Annuitants, whether previously employed by the City or other public agency employers subscribing to CalPERS. TEC Group will also ensure that no candidate provided under this agreement would need to be reinstated to CaIPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any TEC Group temporary candidate to any request by the City. & S€RVICECATEGORIES With T1:C Group's specializations: Adnrfnharadve & Clerical, Accounting & Finance, IT, Sales & Mar*eting, ffunman Resources, Custonrcr Service & Call Center and Engineering & Design, the following roles would he supported as weil as other Professional roles that would arise: 1) General Administrative Su9R2rL 21 Executive/Senior Administrative Office 5u2poG 3 Professional Accounling and Financial Admini trative Su Wort, 4) L I Secretary/Parale l Support, 5 Other Technical and Professional Classifications as Determined C. SERVICE UTILIZATION REPORTS TEC Group will provide the following reporting in Excel format to the City's Human Resources Department: 1) Quarterly Reports will include: a) Number of temporary candidates hired under this contract b) Number of hours worked per temporary staff during reporting period. by name. c) Number of hours worked per classification, citywide. d) Department to which temporary candidate was assigned e) Billing rate for each temporary candidate t) Sum per criteria above 2) Annual Report includes grand totals of each of the criteria included in above Quarterly Reports. c. Agreement Statement TEC Group concurs with the information included in Exhibit 1I Sample Agreement. d. Firm and Team Ex erience 1) L TEC Group has a local office in Irvine, CA that will work directly with the City of Santa Ana This team consists of a team of seven (7) employees that collectively have over 75 years of staffing and recruiting experience: 1) Brian Thompson- Vice President, Sales & Operations 2) Deanna Lopez- Sr. Sales Account Manager 3) Kyle Minton- Recruiting Manager 4) Sabrina Pawley- Sr. Recruiter 5) Jessica Cebrowski- Recruiter 6) Nicole Von Hofgaarden- Recruiter 7) Niklas Kiss- People Operations Coordinator ii. TEC Group's IRVINE Branch is located at: 47 Discovery, Ste. 9200, Irvine. CA 92618 iii. TEC Group's Headquarters is located at: 850 Stephenson I lighway Ste_ #600, Troy. \4148083 iv. Deanna Lopez. the Sr. Sales Account Manager is the supervising Project Manager/Principal Agent to be assigned to the agreement for City of Santa Ana Deanna will be the primary contact person who will be representing TEC Group and will be the person to conduct the presentation, if invited to an interview. v. Resumes are attached as Fxhibit 11. +CCQX e. Proposed Work Plan-TEC Group's Understanding of City's Scope of Work Approach to Completing Work Specified in the Scope of Work i. Anticipated Approach- TEC Group candidates must be able to pass the City's required Live Scan/background screenings. Typing and Microsoft Office abilities will he tested as well as any other required software expertise that the City department requires. TEC Group utilizes Aspiring Minds software to conduct the testing. TEC Group will work on obtaining employment refemnees/veriecation. TEC Group will screen for temporary candidates to be bilingual, if requested by the City, have the proper 1-9, verification of employment or references. TEC Group will verify that our temporary candidate is not a retired annuitant of Ca1PERS. Once candidates have been identified and deemed qualified. they will be provided to the City in a timely manner, typically within 2 hours. A resume will be provided, along with a detailed profile, summarizing the candidate's work experience. Test results will also be submitted, if requested by the hiring manager. Candidate interviews can be coordinated by our recruiting team as a next step, or the City's hiring manager may choose to start the selected candidate. Once we offer the candidate the position, we will make sure to send a proposal to the City for the selected candidate, including the job description, hourly pay rate for the TEC Group temporary candidate, and mark-up rate. The City will review and sign the proposal as a next step. This will be completed prior to the TEC Group employee starting their assignment at the City. Additionally, all scheduled work dates will be coordinated at least one business day before the start of the assignment. The work schedule will be confirmed as well, as it will most likely be a 9/80 work schedule at the City. Once our TEC Group employee has started their assignment at City of Santa Ana, the employee will receive a weekly paycheck from TEC Group. Additionally, City of Santa Ana will receive a weekly invoice via email with the detailed proposal, according to the specifications required by the City department. In addition, quarterly and annual reports will be provided to the City's Human Resources Department. TEC Group will notify the Department contact and the HR Department within 30 working days once a TEC Group temporary employee reaches 960 hours. ii. Vo egge.stiow; or Special rancerns Jor the evaluation commillee iii. Deliverables4nmlenrenladon PlaA/7 7row—har and example: 1) Deceive Order Request for Office Assistant at 10am 2) Candidate's resume and profile submitted by 12 noon with testing scores of MS Word and typing tests (or any additional required tests). 3) Verification of proper 1-9 and employment/references received. Submitted candidate was screened for bilingual in Spanish, and confirmation received that candidate is not a retired annuitant ofCaIPERS. 4) Coordinate candidate interview for next day. depending on City's hiring manager's schedule. 5) City selects a candidate to start assignment, offer sent to selected candidate. 6) Once offer accepted, start live Scan/background screening. 7) Send proposal to City including job description, hourly pay rate, and mark-up rate. 8) City reviews and signs proposal. 9) Start date, 9/90 work schedule are confirmed with candidate one day before assignment starts. 10) Candidate starts assignment. 11) Follow up with City on candidate arrival. 12) Weekly paycheck processed for "I'EC Group employee. 13) Follow up with City to see how candidate is performing. 14) Weekly invoice emailed to City with the detailed proposal. 15) Quarterly and annual Excel reports are provided to City's Human Resources Department. 16) Track hours worked, notifying City Department Manager and HR 30 days prior to employee reaching 960 hours. f. References- See Attachment B- Pleas see three references of similar projects performed for similar go%emment clients. 2. Cost Proven17 See Attachment G of Cost Proposal. Fixed fee rate scheduleshown In Attachment G. VU. Certifications fAttsehmentsJ_-The following forms are signed and included in this proposal submittal package: Attachment A: Proposer's Certification and Proposal Item Pricing Attachment B: References Attachment C: Proposer', Statement Attachment D: Non -Collusion Affidavit Attachment E. Non -Lobbying Certification Attachment F: Non -Discrimination Certification Attachment G: Cost Proposal Form CITY OF SANTA ANA ATTACHMENT A PROPOSERS CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that 1 am responsible for reporting any errors. omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. TEC Group, Inc. LEGAL NAME OF COMPANY 47 Discovery, Suite 200 Irvine, CA 92618 BUSINESS ADDRESS Deanna Lopez PRINTED NAME OF AUTHORIZED AGENT 949-527-6695 PHONE AND FAX NUMBERS Sr. Sales Account Manager 11111111110 4-19-2023 dlopez@tecgroup.biz SIGNATURE OF AUTHORIZED AGENT DATE 27-2887196 E-MAIL ADDRESS FEDERAL I€] NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Central Coast Community Enew Contact Individual: Altba Hicks Address: 70 Garden Court Suite 300 Phone Number: 831-901-3674 Monterey. CA 93940 EMAIL; ,i;,cKsiu ice_ OICj ContractAmount: _$95,000 Year: 2022, 2023 Description of supplies, equipment, or services provided. TEC Group provided Communications Specialist to assist with Marketing department, implementing marketing, communications, media and public relations. REFERENCE Customer Name: City of Selma Contact Individual: Jasmin Bains/ Janie Vene-gas Address. 2055 Third Street Phone Number: 559-891-2200x 2284 (Jasmin) and x3100 (Janie) Selma, CA 93662 EMAIL: isinb ci ofselma.com, janieyaci!yofselma.corr, Contract Amount: ongoing, $100,000± Year: 2022, 2023 Description of supplies, equipment, or services provided: TEC Group provided HR Consultants to assist with recruiting, benefits and employee relations. REFERENCE Customer Name. City of Fountain Valley Contact Individual: Amanda McCall Address: 17967 Bushard Street Phone Number: 714-693-4413 Fountain Valley, CA 92708 EMAIL: --'- —,ccallgfountainvalley.ora, Contract Amount: $34,00 _ Year: 2021, 2022 Description of supplies, equipment, or services provided: TEC Group provided an Administrative/Accounting Assistants to complete administrative and accounting tasks. Additional requires were made as well as the assignment was extended. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT G PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated an6 accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays. Sundays and City`s legal holidays), or the funds, check, draft, or proposers bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shail be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain-, otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in '.he specifications. the certification of nondiscrimination by contractors. and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. TEC Group. Inc. Signed and Printed dame: Deanna Lopez f_ Title Sr, Sales Account Manager --- ^ Date 4-39-2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,.. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. C) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 united States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Cade Section 112 and Public Contract Corte 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed A notary public or other officer canipietlrtg this certificate verifies only the idennrnv a� the rndevrduar w" , ugned the document to which rn , : e,'-ficate nest. act Ufa( V Dr valndrty Or state of California , County of Orange Subscribed and sworn to (or affirmed) before me on this ,'?> day of C `i , 20 23 , by w""'"u,.t 6.vi OCL.-�,1"I""'r """ `roved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. v Noublic Signature ZAYNE WILUAM BRUNDAGE Notary Public • California ' orange County Cam-MISSSon 4 2412734 `My Comm. Expires Aug 12, 2426 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OP SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prnspective participant certifies. by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member, of Congress in connection with the awarding of any Federal contract, the making of any Federa: grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for of uencing or attempting tc influence an officer or employee of any Federa; agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. `his certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of '.his certification be included in all lower tier subcontracts. which exceec $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Sr. Sales Account Manager "rr: TFC Croup Date- 4-19-2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PR P SAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL 8E CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion. sex; or national origin. The 'Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant. state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant small send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules: regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules. renulatioris, and orders. 1, in the event of the t;onsultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated. or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule: regulations. or order of the Secretary of Labor, or as otherwise provided by law. 2_ The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Or� r 11:246 of e tBP_per 2-, 1965,, so teat suctl Provisions 01'T be b,inding i.:i1on each subcorstrac- CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such :3tigation to protect the interests of the United States. R. Pursuant to California Labor Cade Section 1735. as added by Chapter 643 Stats. 1939. and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marita# status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title. Sr. Sales Account Manager Firm: TEC Group, Inc. Date: 4-9 9-2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable CITY OF SANTA ANA ATTACViMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9/80 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CRY OF SANTAI PRICING ANA CLASSIFICATION hourly Pay Min gill Elate Max SIR Rate - Marie -up Overtime Overtime Rate Bill Rate Mark-up t Accountant $ 28-38 $ 41.44 $ 56.24 48 ° ,y $ 62.16-$4.3 48 `Yo Accounting Assistant $ 26-32 $ 38.48 $ 47.36 48 °� $57.72-71.04 48 Legal Secretary 48 48 $ 31-37 $ 45.88 $ 54.76 % $68.82-82.14 Office Specialist $ 22-24 $ 31.90 $ 34.80 45 % $47.85-52.20 45 1 Paralegal 27-44 $ 3996 $ . $ 65.12 48 % $59.94-97.68 48 aA Receptionist 19-22 27.55 45 41.33-47.85 45 % Secretary $ 26-34 $ 37.70 $ 49.30 45 %$ 56.55-73.95 45 Provide markup percentage rate agency will utilize to negotiate prices for I positions not listed above. I 48 r OTHER TECHNICAL AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED. LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. DIRECT HIRE PLACEMENT Direct Hire Lump Sure Fee (Please Explain Below) 20% Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competititve recruitment. process. regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please CITY OF SANTA ANA explain briefly in detail your policy and pricing on the hiring of your temporary workers. Attach additional pages if required, TLC Group's direct hire fee is 20% of candidate's annual salary. TEC Group offers a 90 day replacement guarantee. No refunds or credits are offered for direct hire placements. Temporary to hire conversion terms- if the City would like to hire on a TEC Group employee, there is no charge once an employee has worked 720 hours. Payment terms are requested at NET 39, Pricing LIVE SCAN/Background Check Seven Parcel Drug Screen Pricing s" s No Fee CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE GOOD JOB COMPANY FOR ON -CALL TEMPORARY STAFFING SERVICES TII1S AGREEMENT is made and entered into on this 20th day of June, 2023 by and between The Good Job Company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 19, 2023 the City issues a Request for Proposal No. 23-051, by which it desired to retain a Consultant having special skill and knowledge in the field of Temporary Staffing Services on an on -call basis for the City's Human Resources Department. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-051. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firs-n in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-051, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C. Consultant is one of eight (8) separate consultants selected to provide services on an on -call basis under RFP No. 23-051. The total compensation for services provided by all consultants selected under RFP No. 23-051 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 9 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not exceed 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws. 3. TERM This Agreement shall commence on July 1, 2023 and end on June 30, 2026, with the option for the City to grant up to two, one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Page 2 of 9 the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b, hnsurance coverage shall be at least as broad as: (i; Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (i Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code S (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than 51,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Page 3 of 9 General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notiee of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2792.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of tenmination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Stephanie Mack President & CEO The Good Job Company LLC. 2850 Sugarman Ct., La Jolla, CA 92037 Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 8 of 9 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By ONATHAN T. MART41qEZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Department CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: President & CEO Page 9 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall provide services as set forth below: A. GENERAL CONTRACTOR REQUIREMENTS 1. Contractor shall provide a comprehensive catalog of clerical, office, accounting, other related administrative support service and professional options to the City. 2. Contractor must also agree to: a. Provide appropriate methods to match the City's needs within the specified time frames; b. Coordinate all schedule work dates with City at least one business day before the start of assignment; c. Provide a detailed proposal and invoice, according to the specifications prescribed by the City department; and d. Ensure the following criteria prior to recommending any temporary worker for placement at the City: Work authorization has been obtained and is current for individuals referred to the City for assignment via Form 1-9, Employment Eligibility Verification. + Live Scan fingerprinting and/ or background check have been processed, completed and passed (if requested by the City) . • Selected temporary worker(s) recommended for an assignment meet all essential job function and minimum qualification requirements for the various types of services. Typing speed of the selected temporary worker is at least 30 wpm, and Microsoft Office abilities have been tested and are met with positive results as required. + Contractor conducts due diligence employment verification/references of the temporary worker selected for an assignment to verify positive work history. + The selected temporary worker is bilingual in English and Spanish or Vietnamese when required for the assignment. • Verifies that temporary worker is not a retired annuitant of the California Public Employees' Retirement System (CalPERS). 3. Contractor shall not impose a temporary to permanent placement fee. It is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. (E) CITY OF SANTA ANA B. SPECIFICATIONS/ SCOPE OF SERVICES 1. The City of Santa Ana Human Resources Department shall contact the Contractor for temporary services and provide the title and any special skills or experience required. Certain positions may require bilingual skills. Contractor shall provide temporary worker(s) as required and approved by City departments to work at the various City of Santa Ana department locations. 2. The Contractor will compare job requirements with worker qualifications and will email resume(s) and test results of temporary workers as requested. 3. The Contractor will follow up with the City within two (2) hours to provide name(s) for City approval. a. If Contractor is unable to locate a qualified candidate within four (4) hours of the initial request, the City reserves the right to contact other temporary agencies for placement. 4. Once a candidate is selected, and the hourly pay rate has been agreed upon, Contractor shall provide the City with a detailed proposal to include the specific job description, the hourly pay rate for the temporary worker, and the mark-up rate. The City shall then review and sign the proposal if approved. 5. All invoices must include: Agreement number; b. Requesting City Department c. Department Contact Name 1 Requester Name d. Candidate Name e. Hourly pay rate and mark-up rate f. Dates of assignment duration g. Total hours worked during duration of assignment 6. Contractor shall provide temporary workers who have the skills required for the assignment. 7. At the City's discretion, City reserves the right to immediately end a temporary worker's assignment if work performed is substandard, attendance is poor, or for other business related reasons. 8. Contractor shall remove any temporary worker from assignment upon the City's request; at the specified time and date. Contractor shall provide replacement temporary worker if required by City. 9. Contractor shall be responsible for all decisions concerning matters of hiring; firing; discipline; payroll practices; and employee benefits such as vacation, sick, and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City. 10. Contractor shall be responsible for communication with temporary workers with respect to their duties as they are employees of the Contractor. 11. Contractor must provide City with testing resources for regular status positions as requested. These services shall be provided at the rates set forth in Cost Proposal Form, ATTACHMENT G. (9) CITY OF SANTA ANA 12. Individual temporary workers are not permitted to work more than 960 hours in any fiscal year period (July 1 — June 30). Contractor is solely responsible for tracking hours worked by all temporary workers, and to notify the Department contact and the Human Resources Department within 30 working days of any temporary worker reaching the limit of 960 hours. 13. Contractor must comply with all applicable local, state, and federal laws and regulations, including California Assembly Bill 1028 (effective January 1, 2012) and CalPERS rules regarding CaIPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS. Contractor must also ensure that no employee provided under this agreement would need to be reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at the City prior to assigning any temporary worker to any City request. C. SERVICE CATEGORIES Please note the service categories listed in this document are provided for purposes of this RFP and should not be construed as a detailed description of the tasks to be performed but rather a broad general outline. General Administrative Office Support Temporary Administrative Support role (e.g., Administrative Assistant and Office Specialist) is responsible for but not limited to: opening and routing mail, answering telephones, providing customer service at public counters, drafting general correspondence, preparing minutes of meetings, may operate computer, and other administrative duties assigned. 2. Executive/Senior Administrative Office Support In addition to the tasks required of General Administrative Office Support, temporary Executive/ Senior Administrative Office Support Roles perform highly responsible secretarial and routine administrative duties in the office of the City Manager, City Attorney, or reports directly to an Executive team member with a higher level of professionalism and experience. 3. Professional Accounting and Financial Administrative Support Temporary Accounting Support role is responsible for but not limited to reconciling accounting records; preparing accounting reports and budgets; reviewing and verifying payroll documents and compliance documents for completeness, correct pay rate and reasonableness; producing reported work hours summary reports; posting accounting entries; summarizing accounting records; accepting and processing invoice payments. Temporary professional accountant is responsible for but not limited to accounting duties requiring the application of accounting principles and practices. 4. Legal Secretary / Paralegal Support Temporary Legal Secretary Support roles perform a variety of complex and responsible legal secretarial and clerical work involving specialized legal terminology, documents and procedures; processes legal papers and documents in accordance with established procedures and formats; and performs confidential secretarial and minor legal procedures for one or more attorneys, as assigned, including maintaining court and appointment calendars. 5. Other Technical and Professional Classifications as Determined (9) CITY OF SANTA ANA Other technical and professional classification(s) relevant to city operations in which the Contractor may possess placement experience, such as human resources administration, building permit or plan check services, housing or job placement eligibility, facilities or vehicle maintenance, etc. City classification specifications can be found and defined on the City's job description site: https:llwww.governmentmobs.com/careers/santaana/classspecs. D. SERVICE UTILIZATION REPORTS Contractor must provide to the City's Human Resources Department the following reporting in Excel format: 1. Quarterly Reports which include at minimum: Number of temporary workers hired under this contract; b. Number of hours worked per temporary staff during reporting period, by name; c. Number of hours worked per classification citywide; d. Department to which temporary worker was assigned; e. Billing rate for each temporary worker f. Sum per criteria above Z. Annual Report which includes grand totals of each of the criteria included in Quarterly Reports and listed above. EXHIBIT B CONSULTANT'S PROPOSAL THE GOOD JOB COMPANY proud to be a small women -owned staffing firm based in southern california Provided by: Carol Hian Stephanie Mack THE GOOD JOB COMPANY PARTNERSHIPS DIVISION 2850 Sugarman Court La Jolla, California 92037 +1 760.315.7734 www.goodiobco.com 4lo= L — Submitted April 19, 2023 via PlanetBids "�' City of Santa Ana Iril:34:Eel a f]019: 101161 Cover Page 1 Table of Contents 2 Cover Letter 3 Proposal 4-18 SERVICES PROVIDED 4 FIRM & TEAM EXPERIENCE 4-5 WORK PLAN 5-7 ATTACHMENTS Proposer's Certification, Pricing (A) 8 References (B) 9 Proposer's Statement (C) 10 Non -Collusion Affidavit (D) 11 Non -Lobbying Certification (E) 12 Non -Discrimination (F) 13-14 Cost Proposal Form (G) 15 Resumes 16-17 2 Lori Schnaider, Operations Manager City of Santa Ana — Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 April 19, 2023 SUBJECT: REQUEST FOR PROPOSALS — TEMPORARY STAFFING SERVICES NO. 23-051 In response to RFP 23-051, and in accordance with the accompanying forms, instructions, and submittal requirements, The Good Job Company offers to perform and complete the work as specified in the bid packet. For the purpose of this proposal we are only including attachments that require information, entry, or other data; however, we acknowledge receipt, review, understanding, and acceptance of the documents in their entirety, including one addendum. This proposal will be in effect for 180-days after the due date. If recommended for contract award, we will provide you with required Certificates of Insurance. Further, we agree to deliver the City's prepared Contract together with COls within ten calendar days after receipt of Notice of Award. The Good Job Company is an Equal Opportunity Employer and fully compliant with all government regulations regarding nondiscriminatory employment practices and the Department of Homeland Security's e-Verify program. Proposer's Name: The Good Job Company LLC Business Address: 2850 Sugarman Ct., La Jolla, California 92037 State of California Business Entity Number: 202355513161 Federal Employee Identification Number (EIN): 92-2946400 Phone(s): +1 760.315.7734 or +1 310.279.3670 e-mail address: chian@goodjobco.com or smack@goodjobco.com 3 Services Provided The Good Job Company is a women -owned business with offices in San Diego and Los Angeles. We are a SCORE small business partner specializing in staffing and employment across both commercial and municipal sectors. We fill long and short term vacancies in administration, finance, asset management, legal, professional, IT, environmental services, and other classifications that are complementary to your request. We do this by matching the skills and capabilities of talented people with the needs and readiness of solid opportunities. We rest on the cornerstones of sticktoitiveness, integrity, and customer - centricity. Above all, we value good jobs in all their forms. For purposes of this project, GJC will provide Temporary Staffing Services, to be utilized on an as -needed basis. In our history, our team has served City, County, State and Federal Government agencies, as well as quasi -governmental not -for -profits. Further description of our services are delineated in the Work Plan. Firm & Team Experience The Good Job Company is a federally designated professional services firm, registered as a Limited Liability Corporation with the California Secretary of State, Dun & Bradstreet, and the General Services Administration. We have two Full Time Executives, a part time Accountant, a Project Manager, and outside counsel. We work with third -party suppliers, though not as sub -contractors per se. Rather, we serve as Primary Contractor and hire -on or retain services as needed to ensure best -in -class delivery. This is an integral part of small business development, endorsed by both SCORE and the SBA. Our Principals have more than 20 years' experience in temporary staffing and workforce development, running programs for some of the biggest names in the industry. We incorporated independently in 2023 out of a sheer desire to do things differently — leaner, smarter, and more transparently. We consider ourselves to be both advocates and doers, collaborating with partners like you to identify and implement a range of solutions. By our very definition as a small, women -owned business, The Good Job Company is diverse and inclusive. We take these values with us into the field when sourcing candidates and evaluating jobsites for the efficacy of their own practices. In 2017, Stephanie and Carol were the first executives in the staffing industry to build a safety program specifically for housekeeping and maintenance staff, a population that is notoriously inhibited by self - advocacy. Seeking the input of the California Hotel & Lodging Association, San Diego County Hotel Motel Association, and Cal/OSHA, we implemented site -based training in three languages across the State, affecting hundreds of under -represented workers. The operations side of our business is led by our CEO, Stephanie Mack. Stephanie will be your dedicated Point of Contact for orders, issue resolution, and all manner of support during the life of your project. We are attaching the resumes of both our Principals to further explain backgrounds, abilities, and experience in conducting the proposed activities. 4 Stephanie and her team also manage your Scope of Work to: Provide temporary staffing services for specified classifications Provide staffing services for additional classifications Review and post job titles, descriptions, and qualifications Ensure proper wage rates Pre-screen personnel before making a referral Ensure candidates have the required skills, education, and experience Confirm job orders, supply resumes, and schedule interviews Email Notice to Assign at least 1-day prior to start Onboard temporary associates on their first day, making introductions Maintain a bench of candidates that can be mobilized more urgently Provide quality reviews with the City Day 1, Day 15, and Day 27 plus quarterly thereafter, which include reporting of: Number of temporary workers hired Number of hours worked per temporary staff during reporting period, by name Number of hours worked per classification citywide Department to which temporary worker was assigned Billing rate for each temporary worker Sum per criteria above Annual Report which includes grand totals of each of the criteria in Quarterly Reports Orient Associates to safety and timekeeping standards Provide weekly logs documenting time worked and reflecting 9/80, 5/40 hours Manage payroll, withholdings, and benefits Itemize, review, and submit invoices to the City Track ACA offers and share consumption reports with the City Prepare and submit personnel, ad hoc reports as requested Facilitate the transfer of Associates from other agencies as needed Coach, remove and replace Associates Project Manager/Principal Agent Phone Email Stephanie Mack +1310.279.3670 smack@goodiobco.com Work Plan The Good Job Company uses a broad range of recruiting tools to attract talent and can deploy one or many depending on the assignment. Here are some of the recruitment strategies we use most often: Feet on the Street — good old-fashioned pavement pounding Job Fairs — field outreach in a targeted setting Channel Partners — networking and referrals from other firms, colleges/universities, professional associations, clubs Word of Mouth — our strongest candidates are referred by people we know Job Boards — intelligent advertising; volume plus filters Advertising — digital, print, and social media 5 Call Center —outbound human -to -human sourcing Phenom People —Also urcing; geo-targeted data and demographics We will conduct biometric-based background and reference checks for candidates prior to assignment. We adhere to federal and state privacy protection laws when conducting backgrounds and supply all required waivers, authorizations, notices, disclosures and releases. We use several outside companies — each are registered, licensed investigators and widely respected in our industry. Drug screens are available in a variety of testing modules and can be administered based on your specifications. The Good Job Company loves to appreciate our Associates. We host Surprise and Delight activities throughout the year that include socials, awards/rewards, and celebrations. We also recognize people by visiting them at work to say thanks and give smiles. Every Associate receives a handwritten card on their birthday. We provide job coaching and on -going learning. We prepare Associates for advancement on a meritocratic basis and take every opportunity we can to grow our talent, in both title and compensation. We are a Give Back Company, meaning we allow Associates one full paid day per year to volunteer in the community. Compliance Requirements The Good Job Company is a serious firm with a serious commitment to compliance. We believe compliance is a form of rulemaking - that rules allow us to understand what is expected, and what we can expect in return. As an employer ourselves, we are beholden to the same laws as you - plus we have an added duty to safeguard you from liabilities. Towards that end, we follow compliance procedures to a tee. Here are the most common rules we follow, though there are numerous others with less frequent application: Fair Labor Standards Act (FLSA) - we provide paid sick leave in accordance with California law. Intermittent Leave — we allow intermittent leave for family, medical, and military events. This includes providing interim assignments for people who can work but not in the same capacity as their permanent position. Form 1-9 — we verify and report worker eligibility to the Department of Homeland Security by inspecting documents furnished by applicants and entering data into the e-Verify network within 3-days of start. Payroll — In addition to sick time accrual, California requires disability insurance. We provide for this and, of course, abide by minimum, living, and prevailing wages where applicable. We deliver same day pay at the time of separation from work, picking -up badges, parking/security card, equipment, material or data, and the worker's personal property— all of which we return to their respective owners. Co -Employment — The Good Job Company does not supply recruiting, placement, or contracting services for Independent Contractors. This policy safeguards us both from misclassifications and future claims. Confidentiality — we store applications, references, background checks, drug screens, and triage logs digitally and in an encrypted environment where it can be retrieved in the event of an audit only by authorized personnel. ACA Compliance The Good Job Company considers employees who work an average of 30-hours per week or 130- hours in a calendar month to be full-time and use the look -back method for this purpose. We offer eligible employees and their children, up to age 26, essential coverage under an employer - sponsored plan made affordable by not exceeding 9.5% of W-2 wages. Each year, we document usage by filing Forms 1094-C and 1095-C with the IRS and furnishing employees with their own Form 1095-C. CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSERS STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request. I will transfer and deliver goods or services to the City in accordance with said terms and conditions. The Good Job Company +1 760.315.7734 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2850 Sugarman Ct., La Jolla, CA 92037 BUSINESS ADDRESS Stephanie Mack President & CEO PRINTED NAME OF AUTHORIZED AGENT TITLE S-f CPWIVIle 1yuck 4/19/2023 smack@goodiobco.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 92-2946400 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (a CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: On Hands Staffing Mike LaCotti Contact Individual: 2230 Atlantic Blvd. +1330.104.5586 Address: Neptune Beach, FL 32266 13.5m Contract Amount: Phone Number: EMAIL: mlacotti@handsonstaffing.com 1999-2019 Year: Description of supplies, equipment, or services provided. Temporary Staffing Services at TrueBlue/sourceMaster REFERENCE Baron Staffing John Woods Customer Name: Contact Individual' 5301 Whittier Blvd. Suite K-2 +1405.409.4095 Address: Phone Number: Los Angeles, CA 90022 EMAIL: iwoods@baronstaffing.com Contract Amount: 35m Year: 2016-2020 Description of supplies, equipment, or services provided: REFERENCE Customer Name; Concord Enterprises Katie Perez Contact Individual: Address: 11410 Common Oaks Dr. Phone Number: +1 619.518.9510 Raleigh, NC 27614 EMAU katie.Perez@concordhoteIs.com Contract Amount: 13.5m Year: 2018-2019 Description of supplies, equipment, or services provided: Temporary Staffing Services at sourceMaster THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ;c _'i' CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document. and its execution. and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain'. otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm The Good Job Company I , 'n� Signed and Printed Name: stepy J AtIle t `t� Stephanie Mack Title President & CEO Date 4 19 2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 10 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement. communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof. or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed f,_ -N._mr2 Texas State of , County of Brazoria Subscribed jrsworn to (or affirmed) before me on this 19th day of April 20 23 , by aro Ian , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Pubkclsign e ��oi,►'p1�B+P4q` �y� Tyrrell J Cherry ID NUMBER 5 ] f _ P a 132769360 9j E+ 1 COMMISSION EXPIRES 11 F 1oINVPA\ November 6, 2024 Notary Public Seal Notarized online using audio -video communication THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies.. by signing and submitting this bid or proposal. to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $1 D0.000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all suclMack shall certify and disclose accordingly. Signed: steep awe Y ack President & CEO Title: The Good Job Company Firm: 4/19/2023 Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 12 N'� ,�, ) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows. The Consultant shall not discriminate against any employee or applicant for employment because of race. color. religion, sex. or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without. regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall. in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24. 1965, so that such provisions will be binding upon each subcontract 13 C'`' CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. B. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: S+e j?V &qy] « Anc k Title: President & CEO Firm: The Good Job Company Date 4/19/2023 14 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable (9) CITY OF SANTA ANA ATTACHMENT G COST PROPOSAL FORM FOR EVALUATION PURPOSES, THE FOLLOWING PROPOSAL PRICING MUST BE BASED ON THE CITY'S ASSUMED 9180 WORK SCHEDULE AND DETAILED CRITERIA AS SPECIFIED HEREIN. ALL RATES PROPOSED MUST BE INCLUSIVE OF ALL APPLICABLE TAXES, LABOR, BUSINESS EXPENSES, ETC. ADD AS MANY ADDITIONAL ROW(S) FOR ADDITIONAL CLASSIFICATION(S) FOR CONSIDERATION FOR INCLUSION IN YOUR RESPONSE, AS STATED IN SECTION C. SERVICE CATEGORIES, SUBSECTION 5. CITY OF SANTA PRICING ANA Hourly Pay Min Bill Rate Max Bill Rate Mark-up Overtime Overtime CLASSIFICATION Rate Bill Rate Mark-up Accountant $ 29.11 $ 40.89 g NA 40.46 % $ 44.32 Same Accounting Assistant 21.51 30.21 NA 40.46 32.75 Same $ $ $ ,� $ o /o Legal Secretary $ 23.63 $ 33.19 $ NA j 40.46 % $ 35.98 Same % Office Specialist $ 21.66 $ 30.42 $ NA 40.46 $ 32,98 Same Paralegal $ 30.71 $ 43.14 $ NA 40.46 % $ 46.76 Same % Receptionist 17.97 25.24 NA 40.46 27.36 Same $ $ $ $ a/o Secretary $ 19.75 g Z7.74 g NA 40.46 0 /a $ 30.07 Same Rio Provide markup percentage rate agency will utilize to negotiate prices for positions not listed above. 40.46 % OTHER TECHNICAL. AND PROFESSIONAL CLASSIFICATIONS AS DETERMINED_ LIST CLASSIFICATIONS IN ALPHABETICAL ORDER. We are using Workers Compensation Class Code 8810 for these positions. We do not add a premium for overtime. Direct Hire Lump Sum Fee DIRECT HIRE PLACEMENT (Please Explain Below) $ 20% Temp -to -perm placement fee is not applicable for temporary workers that are hired by the City through the competititve recruitment process, regardless of introduction or assignment by Contractor. Direct hire placement is only applicable for direct hire placement requests or if a temporary worker was hired without a competitive recruitment process. Please explain briefly in detail your policy and pricing on the hiring of your temporary workers. Attach additional pages if required. The Good Job Company uses a precise and conservative pricing model because we know even small advantages add -up. Instead of rounding, we use the positions and pay rates you provide, match them with their corresponding comp code multiplier, and reduce the Grass Margin until we end up with a square 20%after payroll, taxes, General Liability, and workers compensation insurance. Since pay rates are not defined in your UP, we are using Indeed Research to determine average rates. We are happy to adjust pay rates with no change to the gross margin. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.