HomeMy WebLinkAboutC-9745-1 - PSA for Temporary Staffing Services1.
/71
']7 ON -CALL PROFESSIONAL SERVICES AGREEMENT
(� WITH THE INTERSECT GROUP, LLC FOR
U TEMPORARY STAFFING SERVICES
4
U THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of October, 2024 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and THE INTERSECT GROUP, LLC, a Georgia limited liability company
("Consultant"), whose address is 1 Glenlake Pkwy, Suite 800, Atlanta, GA 30328, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Temporary Staffing Services
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 8, 2027, unless terminated earlier as set forth herein. The City shall
have the option to renew this Agreement upon written notice to Consultant for up to two
(2) additional one (1) year terms, upon the same terms and conditions set forth herein,
with each additional term commencing upon the expiration of the immediately preceding
term.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) business days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including the initial term, all additional terms and all reimbursable items and
subconsultant fees, shall not exceed Five Hundred Thousand Dollars and 00/100
The Intersect Group, LLC Page 2
($500,000.00), without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kelly Haws to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Human Resources Department. City's
Human Resources Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
The Intersect Group, LLC Page 3
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
The Intersect Group, LLC Page 4
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
The Intersect Group, LLC Page 5
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
The Intersect Group, LLC Page 6
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
The Intersect Group, LLC Page 7
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Human Resources Director
Human Resources Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
The Intersect Group, LLC Page 8
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Michael Snyder
The Intersect Group
1 Glenlake Pkwy, Suite 800
Atlanta, GA 30328
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
The Intersect Group, LLC Page 9
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
The Intersect Group, LLC Page 10
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
The Intersect Group, LLC Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 o%z/Z(-(
By:
a on C. Harp
i- � Attorney Alt
ATTEST:
Date:
By: et
`�.�..-
-1�or Lila i I. Brown
City Clerk
a
/FO RNA'
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date: "% 8/zdt-y
By:
Will O'Neill
Mayor
CONSULTANT: THE INTERSECT
GROUP, LLC, a Georgia limited liability
company
Date:
Signed in Counterpart
In
Joseph Myers
Managing Member
Date:
Signed in Counterpart
Bv:
Michael Snyder
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
The Intersect Group, LLC Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: IC tD /-?`�
By:
a[on C. Harp
i�y Attorney `0 AF
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: LC/ 8,/002V
By:
Will O'Neill
Mayor
CONSULTANT: THE INTERSECT
GROUP, LLC, a Georgia limited liability
company
Date: % C- // '7 / ) n
By: = -z.zl— A',--
Jose"ph Myers
Managing Member
Date: (0 (� I Z-o Z q
By:
Michael Snyder
Managing Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
The Intersect Group, LLC Page 12
EXHIBIT A
SCOPE OF SERVICES
The Intersect Group Page A-1
SCOPE OF SERVICES
Consultant shall provide services as set forth below:
Consultant General Requirements.
Provide a comprehensive catalog/list of clerical, office, accounting, other related
administrative support service and professional options to the City including price range
of positions, indicate mark ups, or additional fees.
• Consultant shall provide the resume(s) and contact information of qualified personnel
assigned to the Project.
Consultant shall ensure that the following criteria of each temporary worker are met prior
to the start of the assignment:
o Temporary worker shall complete a Live Scan form provided by City, schedule an
appointment with the Newport Beach Police Department and bring completed Live
Scan form to scheduled appointment. Complete Live Scan fingerprinting at the
Newport Beach Police Department and clear background.
o Temporary worker recommended for an assignment meet all essential job
function(s) and minimum qualification(s) for the various types of positions.
o Consultant conducts due diligence employment verification/references of the
temporary worker selected for an assignment.
o Verify that temporary worker is not a retired annuitant of the California Public
Employee' Retirement System (CaIPERS).
o Consultant shall provide City with identification for temporary worker and shall
clearly indicate temporary worker's full name, photograph and department
assignment.
• Consultant shall not impose a temporary to permanent placement/conversion fee. It is not
applicable for temporary workers that are hired by City through the competitive recruitment
process, regardless of introduction or assignment by Consultant.
Scope of Administrator and Consultant.
• On an as -needed basis, City shall contact Consultant with temporary worker request
providing quantity, position type, department assignment, and any additional information
for the request.
• Consultant shall acknowledge request within one (1) business day and provide a status
update within two (2) business days from receipt.
• City shall provide Consultant with Live Scan form for temporary worker to fill out.
• Consultant shall notify the City if the Consultant is unable to fill the temporary worker
position. City reserves the right to cancel the request.
• City will communicate with Consultant on matters including but not limited to complaints
from customer departments on placement turn around issues and the quality of the
SCOPE OF SERVICES
candidates. Administrator will communicate with Consultant if there is a lack of
responsiveness.
o Consultant shall acknowledge receipt of communication from City within two (2)
business days.
o Consultant shall provide City with an action plan to rectify any matters
communicated to Consultant within five (5) business days.
Scope of Consultant and Temporary Worker.
• The Consultant and temporary worker shall act as an independent Consultant and not an
employee, representative or agent of the City. Consultant expressly warrants that neither
Consultant nor any temporary worker shall represent themselves to be an employee,
representative or agent of the City.
• Consultant and temporary worker acknowledges that the assignment shall not exceed 960
hours in a fiscal year, from July 1-June 30. Switching and/or changing assignments do not
reset the 960-hour count. This cumulative total is for each temporary worker, including
work performed in all City departments and work performed with other temporary agencies
in a fiscal year. Consultant is responsible for tracking temporary personnel hours.
• Temporary worker is not eligible for alternative work schedules that exceed 8 hours per
day or 40 hours per week.
• Consultant shall notify temporary worker when/if the assignment has concluded when
notified by City and shall provide a replacement temporary worker if requested within a
reasonable timeframe communicated and approved by Project Manager.
Scope of Administrator and Temporary Worker:
Temporary worker shall schedule appointment with Newport Beach Police Department
and bring completed Live Scan form provided to Consultant with them to their
appointment at the Newport Beach Police Department.
• City reserves the right to end the assignment of the temporary worker at any time.
16tersect
♦ GROUP
THE INTERSECT GROUP LLC
600 Anton Blvd., Suite 850
Costa Mesa, CA 92626
RESPONSE FILE
CITY OF NEWPORT BEACH
HUMAN RESOURCES DEPARTMENT
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
Contents
Statementof Qualifications.................................................................................................................................3-4
OrganizationalInformation..................................................................................................................................5-6
Resumes................................................................................................................................................................7-12
DanTravis...............................................................................................................................................................7-8
KellyHaws.............................................................................................................................................................9-10
AlexMartenka....................................................................................................................................................11-12
ProjectApproach/Methodology......................................................................................................................13-15
References/ Recent Project History .....................................................................................................................16
2
Statement of Qualifications
The Intersect Group is a staffing services company with a focus on technology, finance & accounting,
administrative, HR with offerings in project -based staffing, contract, contract -to -hire, direct placements,
and executive search. Our Company has over 100 recruiting professionals with extensive experience in
both recruiting and in the functional areas in which they serve. Along with IT, Accounting & Finance,
Administrative, and HR staffing experience. We are dedicated to securing the highest caliber of talent by
way of assessing every candidate's technical prowess, culture fit, soft skills, and validation of work history.
Our staffing strategy is driven by expertise. Specialized teams work together to find the best talent for
you and your organization. Our recruiting teams are equipped with the latest tools and technologies. This,
coupled with our proactive approach to recruiting, is how we are connected to today's top talent in
information technology, accounting & finance, administrative, and HR fields.
We leverage a variety of avenues to source highly sought-after talent. Our primary source is via
networking, referrals, client -approved consultants, and a robust internal database of talent. As a tenured
team, we have an extremely large referral network, and our recruiters are actively involved with well-
known industry groups such as regional sponsorship of the CEO -CFO Group, FEI, SEC Professionals, Tech
Council, and local tech events. This not only gives us insider knowledge and trends about what the IT,
finance, and accounting industries in our markets can expect in the future, but it also provides access to
top talent. Additionally, we make substantial investments in online advertising, SEO, and Google Analytics
to continually improve our inbound candidate flow. Our recruiters proactively source from Linkedln,
majorjob boards, and referrals.
The Intersect group has worked with multiple City and State/Government Entities, Nationwide. Our SoCal
team has worked with the following Southern California City Entities and have multiple temps at the
below government agencies. We communicate with them on a weekly basis through onsite visits or
virtual calls.
• City of Newport Beach
• City of Huntington Beach
• City of Fountain Valley
• City of El Segundo
• City of Lake Forest
• City of Laguna Beach
• City of Costa Mesa
• City of Los Alamitos
• City of Laguna Niguel
• City of Laguna Beach
• City of San Juan Capistrano
• City of Stanton
• City of Santa Ana
• City of Pico Rivera
• City of San Bernadino
3
In addition to working with Government agencies, The Intersect Group has extensive experience and
relationships with large scale organizations such as:
• Home Depot
• 7-11
• Disney
• Kaiser
• Charter Communications
0 CVS Healthcare
• EY Global
• Hewitt Packard
Each market manages client needs from similar large public companies listed above, as well as smaller
businesses needing additional staffing to grow. Our company prides itself on building business
relationships and truly understanding the industries that our clients are focused in, offering additional
value through our expertise and expanded network.
The Intersect Group is driven to serve, with STEM Academic Scholarships, and frequent volunteering and
donation events across all offices, through our TIG Cares group.
Our company invests in our employees, as well with numerous supportive Committees such as a Wellness
Committee, Work Like a Mother Committees, Culture/ DEI, and LEAD, supporting the overall health, well-
being, culture, and success of each employee.
4
Organizational Information
• Our firm is composed of 200+ employees
1. TIG has 7 different offices
■ Atlanta, GA
■ Dallas, TX
■ Denver, CO
■ Greenville, SC
■ Nashville, TN
■ Phoenix, AZ
■ Costa Mesa, CA
• TIG has been in business since 2006
• Organizational Chart
• CEO —Joe Meyers
• CFO — Michael Snyder
• HR Director— Erica Frost
• Regional VP West Coast — Adam Elliott
• Market Director SoCal- Dan Travis
• Account Manager- F & A- Kelly Haws
• Account Director IT - Alex Martenka
• Owners and Principal Parties
• CEO —Joe Meyers
• CFO — Michael Snyder
• HR Director — Erica Frost
• Regional VP West Coast —Adam Elliott
o Email: aelliot@theintersectgroup.com
o Phone:602-894-3172
• Market Director SoCal- Dan Travis
o Email: dtravis@theintersectgroup.com
o Phone:603-493-1910
• Account Manager F & A- Kelly Haws-
o Email: khaws@theintersectgroup.com
o Phone:760-269-9375
• Account Director IT -Alex Martenka
o Email: amartenka@theintersectgroup.com
o Phone:949-687-0426
2. Titles/position of staff
• Account Director — 60
• Senior Recruiters —100
• Corporate — 40
3. Administrative Office Support
• Our Costa Mesa office will have primary responsibility for this account.
i. Dan Travis, Kelly Haws, Alex Martenka, Ryan Carter, Cierra Robinson,
Andy Ruano, Irene Achmad, Adolfo Cruz and Stephanie Gustafsen
5
4. Resumes- Please see Linkedln Profiles listed below for Full Work Experience and
Education
• Dan Travis: httlosy/wwwlinkedin:com/in/danielstravis/- --
i. Dan is the Market Leader, for our Southern CA team. He oversees both
of our F & A and IT teams, and has over 10 years of leadership
experience within the Staffing Space, primarily on the IT side, working
with large company experience. Dan has a B of Science and Marketing
from Quinnipiac University
• Kelly Haws: https://www.linkedin.com/in/kelly-haws-520224ab/
i. Kelly is the Account Manager for the Finance and Accounting Team, and
has worked in this industry for 10 years. She has a mixed background of
Healthcare, Special Education and Finance and Accounting recruiting and
Sales Management. Kelly has a BA from UC Riverside
• Alex Martenka: https://www.linkedin.com/in/alex-martenka-09195369/
i. Alexis the IT Account Director and leads the team and office with his
sales and client strategies. He has been in an IT Sales position for over 10
years, including leadership roles. Alex has a BA from UC Irvine
Dan Travis Resume
Market Director, Southern California
Huntington Beach, California, United States
Experience
The Intersect Group
Market Director, Southern California
August 2023 - Present (1 year)
Southern California
Market Director leading IT and Finance & Accounting business lines
Optimum Healthcare IT
VP, Business Development
November 2022 - May 2023 (7 months)
Huntington Beach, California, United States
Randstad Technologies US
Director of Sales, SVG I Tech Services
January 2022 - November 2022 (11 months)
Huntington Beach, California, United States
Managing Director
April 2018 -January 2022 (3 years 10 months)
El Segundo, CA
Strategic Account Manager
April 2014 - April 2018 (4 years 1 month)
Irvine, CA
Modis
Business Development Manager
7
August 2012 - April 2014 (1 year 9 months)
Randstad Technologies US
1 year 6 months
Account Manager
February 2012 - August 2012 (7 months)
Technical Recruiter
March 2011- February 2012 (1 year)
Assurance Technology Corporation
Material Control Specialist
June 2009 - March 2011(1 year 10 months)
Education
Ciuinnipiac University
Bachelor of Science, Marketing • (2006 - 2008)
Deerfield Academy
• (2001- 2003)
8
Kelly Haws Resume
-- Experienced -Recruiter, —Business Development; Account -Manager -and -Director -of -Operations
Long Beach, California, United States
Experience
The Intersect Group
Account Manager, Accounting and Finance
January 2024 - Present (7 months)
Costa Mesa, California, United States
Connecting Great People with Great Companies.
From Accounting Operations to C-Level Executives, our handpicked
professionals bring unmatched financial acumen and precision to drive your
company's success. We deliver tailored staffing strategies and elevate your
financial operations to new heights with our trusted and specialized finance
and accounting services.
Epic Special Education Staffing (formerly known as TherapyTravelers)
Regional Recruitment: OR and WA
August 2023 -January 2024 (6 months)
CareerStaff Rx
National Business Development Manager
May 2018 -January 2024 (5 years 9 months)
Market Manager
March 2016 -January 2024 (7 years 11 months)
Torrance, CA
0
Staffing Manager
ly-2015— January 2024(8-year-s-7-months)—
Torrance, Ca
Recruitment Specialist
November 2014 - January 2024 (9 years 3 months)
Torrance, Ca
Rite Aid Pharmacy
Phamacy Technican, District Trainer
January 2008 - November 2014 (6 years 11 months)
Greater Los Angeles Area
Education
San Gorgonio High School
Diploma, Highest Honors
University of California, Riverside
Bachelor of Arts (B.A.), Art History
10
Alex Martenka Resum
Business Development I Account Management
Los Angeles, California, United States
Experience
The Intersect Group
Account Director
July 2022 - Present (2 years 1 month)
Southern California
Vincent Benjamin merged with The Intersect Group in July 2022
Vincent Benjamin
Practice Director
April 2019 - July 2022 (3 years 4 months)
Greater Los Angeles Area
Vincent Benjamin merged with The Intersect Group in July 2022
Business Development Manager
August 2018 - April 2019 (9 months)
Greater Los Angeles Area
Randstad Technologies USA
Sales Director
June 2018 - August 2018 (3 months)
Greater Los Angeles Area
Account Manager
September 2015 - June 2018 (2 years 10 months)
Greater Los Angeles Area
11
Belkin International
iness-Devel
November 2014 - September 2015 (11 months)
Playa Vista, CA
Sales Operations Representative
November 2013 - November 2014 (1 year 1 month)
Playa Vista, California
Education
University of California, Irvine
Bachelor of Arts (B.A.), Psychology
12
Project Approach/Methodology
1. Type of Staffing Services
a. The Intersect Group is a staffing services company with a focus on technology, finance &
accounting, administrative, HR with offerings in project -based staffing, contract, contract -
to -hire, direct placements, and executive search.
Methods to sourcing top talent
We leverage a variety of avenues to source highly sought-after talent. Our primary source
is via networking, referrals, client -approved consultants, and a robust internal database
of talent. As a tenured team, we have an extremely large referral network, and our
recruiters are actively involved with well-known industry groups such as regional
sponsorship of the CEO -CFO Group, FEI, SEC Professionals, Tech Council, and local tech
events. This not only gives us insider knowledge and trends about what the IT, finance,
and accounting industries in our markets can expect in the future, but it also provides
access to top talent. Additionally, we make substantial investments in online advertising,
SEO, and Google Analytics to continually improve our inbound candidate flow. Our
recruiters proactively source from Linkedln, major job boards, and referrals.
3. Talent Pool
Our talent pool consists of 2,000+ candidates.
We have 7 other offices throughout the United States that we use for additional
resources.
4. Misses/ Unsuccessful Placements
TIG operates with a sense of urgency to solidify a replacement in a timely manner. In
addition, if the candidate does not maintain the expected hard/soft skills we are more
than willing to provide our client 8 hours complementary on the first day of service.
5. Hiring Timeline
a. Depending on the position it could be anywhere from immediately using our working
interview approach (with 8 hours complimentary) up to 1 week. This is all relative to how
quickly the hiring manager communicates their needs and sets timely interviews with
feedback. If it is a more difficult role to fill and more process driven, it could take up to 2
weeks. We work with a sense of urgency, but all depends on our client's process.
6. Guarantees
a. TIG provides an 8-hour complimentary working interview or 8 hours of credit should the
candidate not be the appropriate fit for the department.
7. Employee Support
a. Our candidates are provided with a dedicated recruiter to answer any questions,
concerns, or accolades regarding the assignment. In addition, we offer a full array of
medical benefits as they have the option to participate in as contractors.
8. Retention
For larger projects we provide a retention bonus. A variety of our retention is being in
constant communication with the candidate regarding their job search and their interest
level in their current assignment. TIG highlights the positive and accentuate the pros that
surround applying for open recruitment, pension/benefit opportunities, and movement
within different departments throughout the organization.
13
9. Follow-up and communication process
a. TIG provides weekly follow-up calls and sets the parameters with the client as to the
frequency they would like follow-up. There is constant communication via phone, email
and text base on the preference of the candidate and client. In addition, with invitation,
we do in person visits.
10. Diversity and Inclusion
a. We are committed and focused on creating and fostering an environment where every
colleague is seen, heard, understood, and valued. We cultivate a workplace where
consciously unbiased behaviors are the norm, specifically when it comes to hiring,
compensation, promotion, and community relations.
TIG created seven D&I teams specifically focused on:
• Internal Hiring & Reporting
• External Hiring & Reporting
• Business Resource Groups
• D&I Training, Education, Policy
• Career Pathing & Advancement
• Community
• Messaging & Culture
11. Internal HR Team Value
a. TIG does an extensive screening in our interview process that includes testing, reference
checks, as well as thorough a write-up involving the candidate's skill set. Constant
communication via email and phone with a sense of urgency when HR has an immediate
need.
12. Quality assurance during implementation.
a. The measures we have in place during implementation revolve around thorough
onboarding, meeting livescan expectations, and assuring the candidates are not already
part of CaIPERS. Upon presenting candidates, you will be provided a write up of the
candidate as well as an 8 hour guarantee should the candidate not work out.
b. TIG is in constant communication with our legal counsel with regards to up-to-date
federal regulations. Those regulations are communicated to our clients depending on
the requirements of each specific client or government entity.
c. communicated to employees and candidates with regards to federal and state
regulations.)
13. Incident management processes.
a. TIG takes a full investigation from our candidate and client (if necessary). We then turn
this information over to HR so they can facilitate a detailed investigation.
Administration
14. Contractor Pay Schedule
a. All contract employees are paid on a weekly basis
15. Time Cards/ Hour reporting:
a. Candidate would enter their time in a portal. That will then go to the City for approval.
16. Payroll Deadline
14
a. Tuesday and 12:OOPM
17. Notification of Absences
a. A representative from TIG would reach out via email or phone regarding any absences.
18. Contractors Applying to Internal City Openings
a. We highly encourage all qualified candidates to apply to the open requisitions opened by
the city.
b. There is a no fee conversion when a contract employee is hired by the city directly.
19. Firm Reporting
a. TIG tracks candidate hours in a spreadsheet which can be sent to HR on a weekly basis so
they do not exceed the CalPERS 1,000 hour rule.
20. Pay Rate Determination
a. We strongly work within the budgets of the city but take into consideration of market
conditions and skillsets required.
21. Administrative Office Support
Our Costa Mesa office will have primary responsibility for this account.
i. Kelly Haws, Alex Martenka, Ryan Carter, Cierra Robinson, Andy Ruano, Irene
Achmad, Adolfo Cruz and Stephanie Gustafsen
22. What is your firm's experience conducting the services requested? Describe comparable
projects performed by your firm in the last five years, including the number of projects, scope of
service, and status of projects.
a. We currently work with 20+ cities in filling positions in the IT, Administrative, HR, and
Accounting & Finance field. These projects and scope of services are ongoing.
Statement of Services
We are well versed in placing multiple candidates in the arena of IT, Accounting & Finance, HR, and
administrative roles. What differentiates us is that we have many relationships with the government
sector and have placed several candidates in a variety of departments.
Method of Services
After Posting Job opportunities, and sourcing through our talent pool, our recruiters meet each
prospective candidate for a structured interview with questions customized to our client's technical and
cultural requirements. Our team calls on references and leverage multiple third -party testing tools to
assess proficiency levels for quantifiable skill sets where applicable. If the prospective candidate is
considered viable for your open position, the candidate will be further screened by our dedicated account
manager prior to being presented to you. Our team of recruiters conduct daily meetings to ensure the
appropriate level of attention and coverage is given to all requisitions to ensure we meet our client's
timeline.
15
EXHIBIT B
SCHEDULE OF BILLING RATES
The Intersect Group Page B-1
Schedule of Billing
Category: Information Technology
Position
Hourly Bill Rate -Range -- - -
- - - Mark Up -
Project Manager
$93.46
$132.28
70-80%
Software Engineer
$91.44
$131.15
70-80%
Desktop Support
Analyst
$47.76
$67.54
70-80%
Help Desk Manager
$73.42
$106.85
70-80%
Help Desk Specialist
$31.98
$45.07
70-80%
Network Administrator
$72.87
$110.67
70-80%
Network Engineer
$90.64
$113.84
70-80%
Data Analyst
$58.49
$85.79
70-80%
Database
Administrator
$70.36
$106.78
70-80%
Reporting Analyst
$73.18
$108.69
70-80%
Category: Accounting, Finance, Administrative, HR
Position
Hourly Bill Rate Range
Mark Up
Receptionist/
Concierge
$35.89
$40.76
70-80%
Fiscal Clerk
$41.28
$46.24
70-80%
HR Clerk
$40.88
$45.67
70-80%
Business Licensing
Clerk
$41.28
$46.24
70-80%
Administrative
Assistant
$36.30
$44.98
70-80%
Executive Assistant
$46.89
$66.24
70-80%
HR Coordinator
$40.88
$45.67
70-80%
HR Technician
$40.88
$45.67
70-80%
HR Specialist
$61.39
$69.98
70-80%
Schedule of Billing
Treasury Clerk
$42.57
$59.58
70-80%
Accounting Clerk
$41.28
$46.24
70-80%
Billing Clerk
$41.28
$46.24
70-80%
Staff Accountant
$51.56
$59.78
70-80%
Senior Accountant
$63.46
$71.57
70-80%
AP / AR Specialist
$42.57
$59.58
70-80%
Accounting Manager
$64.33
$67.79
70-80%
Financial Analyst
$57.78
$64.39
70-80%
Payroll Administrator
$41.29
$47.88
70-80%
Other Costs: Consultant will not require any specific pricing or additional costs outside of the billable
rate set forth in this schedule. Consultant remains close with its active consultants on billing and monitor
how each project is going. Consultant will provide updates to the hiring managers on feedback received
and ask the same from the manager on the performance of the consultant. In the event of changes in
market rates for services, the parties may negotiate in good faith to amend the rates in this schedule via
a written amendment to this Agreement, which shall be subject to the approval of City.
Additional Rates for Positions Not Listed:
Category: Information Technology
Position
Hourly Bill Rate Range
Mark Up
Project Manager -
$93.46
$132.28
70-80
Consultant
Project Manager -
$88.95
$127.17
70-80
Development
Project Manager -
$90.89
$127.64
70-80
Systems
Project Manager-
$85.94
$124.93
70-80 %
Technical
Software Architect
$103.48
$147.96
70-80 %
Help Desk Specialist
$31.98
$45.07
70-80 %
Tier 1
Schedule of Billing
Help Desk Specialist
$35.87
$51.14
70-80 %
Tier 2
Help Desk Specialist
$45.89
$64.97
70-80 %
Tier 3
Applications
Development
$105.69
$148.56
70-80 %
Manager
Business Systems
$79.98
$117.20
70-80
Analyst
Director, Project
$108.36
$155.54
70-80
Manager
E-Commerce/Web
$75.07
$109.79
70-80
Developer
Front End Developer
$57.11
$85.16
70-80 %
Lead Application's
$94.72
$138.65
70-80
Development
Product Manager
$98.77
$140.62
70-80 %
Technical Writer
$51.83
$83.14
70-80 %
Web Designer
$64.29
$97.88
70-80 %
Network
Infrastructure
$103.22
$149.86
70-80 %
Manager
PC Technician
$30.28
$43.19
70-80 %
System Engineer
$79.93
$113.29
70-80 %
Systems
$62.09
$89.44
70-80
Administrator
Database Developer
$91.27
$129.78
70-80 %
Database Manager
$100.88
$141.77
70-80 %
Senior IT Auditor
$100.11
$142.62
70-80 %
Schedule of Billing
Data Security Analyst
$95.43
$135.76
70-80 %
Dev Ops Engineer
$101.78
$151.43
70-80 %
Information Security
$104.88
$152.73
70-80 %
Manager
Network Security
$90.12
$128.55
°
70-80/°
Engineer
Quality Assurance
$61.35
$82.98
°
70-80 /°
Analyst
Quality Assurance
$63.39
$91.07
°
70-80 /°
Engineer
Quality Assurance
$74.14
$105.89
°
70-80/°
Manager
Systems Security
$85.97
$123.72
°
70-80 /o
Administrator
Category: Accounting, Finance, Administrative, HR
Position
Hourly Bill Rate Range
dark Up
AP/AR Specialist
$42.57
$59.58
70-80 %
Junior Staff
$44.29
$47.98
70-80
Accountant
Payroll
Supervisor/Manager
$44.19
$50.42
70-80 %
Senior Financial
$64.33
$67.79
70-80 %
Analyst
Data Entry
$33.44
$37.95
70-80 %
File Clerk
$32.95
$36.12
70-80 %
Fro t Desk
$36.98
$41.79
70-80 %
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of
the type and amounts described below and in a form satisfactory to City.
Consultant agrees to provide insurance in accordance with requirements set
forth here. If Consultant uses existing coverage to comply and that coverage
does not meet these requirements, Consultant agrees to amend, supplement or
endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
its City Council, boards and commissions, officers, agents, volunteers
and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
The Intersect Group Page C-1
($1,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the City,
whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers and employees shall be included as insureds
under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
The Intersect Group Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Consultant shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify
that all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad
as CG 20 38 04 13.
The Intersect Group Page C-3
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution
of the Work.
The Intersect Group Page C-4
Q R 287 �+ 70 ® �,
4 Search
Insured Name
The Intersect Group (FV00001261)
_Q
The Intersect Group (FV00001261)
Active Records Only
Advance Search
Insured Tasks Admin Tools
View
s:=
Insured
RNotes
J
History
�=
Deficiencies
I'
Coverages
Requirements
Add
I
Edit
;
Help
.7
Video Tutorials
,x& Insured
Name: The Intersect Group
Account Number: FV00001261
Address: 600 Anton Blvd, Suite 850, Costa
Mesa, CA, 92626
Status: Currently in Compliance.
I
i
Insured
Business Unit(s)
Print Insured Info
Account Information
Account Number:
FV00001261
Risk Type:
Professional
Services
Agreement
Do Not Call:
Address Updated:
Address Information
I
Mailing Address
Physical Address
Insured:
The
Intersect
Group
Address 1:
600 Anton
Blvd
Address 2:
Suite 850
City:
Costa Mesa
State:
CA
Zip:
92626