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REQUEST FOR PROPOSAL

PROFESSIONAL SERVICES AC TRANSIT DISTRICT Purchasing Department 1600 Franklin Street, 6th Floor Oakland, CA 94612 PROPOSALS MUST BE RECEIVED at 1600 Franklin Street, Oakland, CA, July 14, 2017 at 5:00 p.m. Sign the proposal, put it in an envelope, and write the Request for Proposal number and Title on the outside. Sign and return this page. Retain Proposer’s Duplicate copy for your files.

SIGN AND RETURN THIS PAGE REQUEST FOR PROPOSAL NO: 2017-1390 DATE: June 5, 2017 TITLE: Temporary Personnel Services DO NOT INCLUDE SALES OR EXCISE TAXES in proposal prices.

_____________________________________________________________________________________ ALL PROPOSERS COMPLETE THIS SECTION: 2017 Upon execution of a Contract Acceptance form, the undersigned agrees to furnish, subject to the GENERAL CONTRACT CONDITIONS immediately following, all products and services within the dates specified, in the manner and at the prices stated, in accordance with the requirements stated in this Request For Proposal. Name under which Business is conducted:

Business street address: Telephone:

City State Zip Code

IF SOLE OWNER, sign here:

I sign as sole owner of the business named above:

Signed Typed Name IF PARTNERSHIP OR JOINT VENTURE, sign here:

The undersigned certify that we are partners in the business (joint venture) named above and that we sign below will full authority to do so (one or more partners sign):

Signed Typed Name

Signed Typed Name IF CORPORATION, sign here:

The undersigned certify that they sign below with full authority to do so:

Corporate Name:

Signed Typed Name Title

Signed Typed Name Title Incorporated under the laws of the State of

AC TRANSIT DISTRICT REQUEST FOR PROPOSAL PURCHASING DEPARTMENT NO. 2017-1390

TEMPORARY PERSONNEL SERVICES ADMINSTRATIVE SUBMITTALS

FORMS – FILL-IN AND RETURN WITH PROPOSAL

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. 1. SUMMARY / GENERAL INFORMATION

The Alameda-Contra Costa Transit District (AC Transit) is a Special District, organized under the laws of the State of California, which provides public transit service to approximately 181,000 riders daily with a fleet of 618 buses. AC Transit is the third-largest public bus system in California, serving 13 cities and adjacent unincorporated areas in Alameda and western Contra Costa counties. For the period of July 2015 through June 2016, the AC Transit provided approximately 53.5 million annual passenger trips. AC Transit has been serving the East Bay since 1960. The District is requesting proposals from temporary staffing agencies to provide high quality and cost-effective temporary personnel placement services in one or more of the areas listed in the Scope of Work section of this RFP (Section 12). The District intends to award a multiple year contract to responsible firm(s) submitting the most suitable proposal(s), according to the evaluation criteria stated in Section 4 of this RFP. This Request for Proposal (RFP) outlines the scope of services requested by the District, as well as information that should be included in the proposal. All proposals must be clearly marked TEMPORARY PERSONNEL PLACEMENT SERVICES. Proposals may be mailed or hand-delivered. If mailed, proposals must be mailed in sufficient time to reach the above address before the specified time. If delivered, the proposals should be delivered to the above address. Proposals not received by the designated time or not delivered to the designated address will not be considered for award. No facsimile or e-mail transmissions of proposals will be accepted. Proposals will remain in effect for one hundred twenty (120) days from the designated date for receipt of proposals, unless mutually extended. No pre-award costs will be reimbursed by the District. The signature of the District’s General Manager and an authorized representative of the contractor(s) will constitute a binding award. This RFP does not commit the District to award a contract, to pay costs incurred in the preparation of a proposal, or to procure or contract for services. The District reserves the right to reject any and all proposals, cancel all or part of this RFP and waive any minor irregularities or informalities.




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To be considered, one (1) original and three (3) copies of written proposals, and one (1) CD or “flash drive” with an Adobe Acrobat file of the entire proposal must be submitted. The proposals shall be submitted no later than 5:00 p.m. local time on July 14, 2017 to the following address:

AC Transit District Purchasing Department 1600 Franklin Street, 6th Floor Oakland, California 94612 Attn: Michael Daly, Contract Specialist

2. INSTRUCTIONS TO PROPOSERS A. Procurement Schedule.

Issue RFP June 5, 2017 Pre-Proposal Conference June 13, 2017 Deadline to Submit Questions June 16, 2017 Issue Addendum to RFP June 28, 2017 Deadline to Submit Proposal July 14, 2017

B. Designated Point of Contact. All communications with the District must

be in writing (US Mail / e-mail) to the designated point of contact identified in Section 1, above.

C. Pre-Proposal Conference. Although attendance is not mandatory, all

prospective Proposers are strongly encouraged to attend the pre-proposal conference scheduled as follows:

June 13th, 2017, 11:00 a.m. at 1600 Franklin Street (5th Floor), Oakland, CA. Interested parties may attend remotely by calling (510) 891-5483.




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The Pre-Proposal Conference will consist of a discussion of the requirements and a question and answer period.

D. Addenda/Clarifications.

Questions may be submitted regarding this RFP by electronic transmission or delivered to: If emailed, include in the subject line the reference to RFP 2017-1390 Temporary Personnel Services

Questions must be submitted no later than June 16, 2017, by 12:00 Noon in order to allow District staff sufficient time to prepare responses.

All responses will be provided in an addendum to the RFP. The Addendum will become a part of the RFP and binding on all eligible proposers.

E. Submission of Proposals.

All proposals shall be submitted to the designated point of contact identified in Section 1, above.

Interested proposers shall submit proposals and qualifications in the following format: Submit two (2) separate sealed envelopes within the proposal package as outlined below. One (1) original version and three (3) written proposals must be submitted.

Envelope #1 will contain all responsive materials except those relating to respondent’s proposed cost proposal.

Envelope #2 will contain only information related to the respondent’s cost proposal as outlined below (in Section 2.F.4.f, on Pages 10-12).

F. Proposal Format and Content.

1. Cover Letter. The cover letter should be on company letter head. The cover letter should include the following information:

a. RFP Name and Number, Name of Firm, business address, contact

person for this RFP, telephone, fax number, email address and website of firm.




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b. Introduction of the firm; a summary of qualifications and an

overview of why your firm is best suited to provide the requested services. Please indicate your firm’s employment specialty or specialties (more than one may be listed):

• Administrative/Clerical (Administrative Assistant,

Coordinators, etc. • Finance/Accounting (Financial Analysts, Payroll Specialists,

Contracts/Procurement, etc. • Human Resources (Recruiters, Leave Management

Analysts, etc. • Creative Services (Graphic designers, etc. • All other skilled professionals (Marketing representatives,

etc.) • Engineering • Information Technology • Maintenance/ Light industrial/Utility/General Labor (Parts

Clerk, Printers, etc.)

c. The letter must include a statement that acknowledges all Addenda issued in connection with the RFP (if any) and one that binds the Proposer to the proposed Scope of Services and Cost Proposal for 120 days; and,

d. The letter must be signed by an individual with the authority to bind

the Proposer to the Proposal and contract, if awarded, and must affirmatively state that the individual has read, understood, and will comply with all the solicitation and contract requirements set forth in the RFP.

2. Table of Contents.

a. The table of contents that show a clear identification of the material

in the proposal by section and by page number (Information Technology, Finance Accounting, Administrative/Clerical, Creative Talent, Maintenance/Utility/General Labor, Management, Human Resources, Engineering, etc.)

3. Administrative Submittals




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a. RFP Signature Page - Please submit the signature page (Page 1) of this RFP, duly executed by an officer of the legal entity with whom the District would be contracting with, upon acceptance of the submitted proposal.

b. Forms - To be responsive, a proposal must include completed

versions of the forms specified by the Administrative Submittals section of this RFP. NOTE: If the information sought by the form is deemed not applicable to your proposal, the form must be nevertheless submitted, indicating “N/A” with explanation. Signatures on all such forms must be in original ink, and must be executed by an officer of the proposing firm with the authority to bind the firm to the terms of this RFP and any resulting contract.

c. Proprietary Material – Any information submitted in the proposal

that the Proposer claims to be proprietary in nature must be marked accordingly. Proposer agrees to defend, indemnify and hold the District harmless in the event that the District receives a request under the California Public Records Act and declines to produce such information on the grounds it is proprietary.

4. Additional Content Requirements a. Organizational Information and Qualifications.

1. Proposer’s firm name, Business location, phone number, fax number, website.

2. A brief history of the Proposer’s firm. 3. The overall size, structure, including an organizational chart, of

proposer’s firm. If the proposer’s lead office that will provide services to the District is different from the above mentioned business location, please provide the lead office location. If your firm has multiple business lines, please provide all the business lines that will be included in this RFP.

4. Qualifications of firm, including any credentials, experience,

major milestones that your firm has reached, unique features of your firm, etc. Please highlight any experience in providing specified services for similar clients including public agencies or large organizations. Provide a concise list of engagements within the last five years if possible.




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5. Identification of proposed account manager and key personnel.

Indicate who will be the alternate account manager and how service to the District will remain seamless should the primary account manager not be available (due to vacation, leave of absence, attendance at a conference, day off, etc.)

6. Experience qualifications and resumes of proposed account

manager, alternate account manager and key personnel who will be assigned to the District. Please emphasize any recent, relevant experience and numbers of years providing similar services that the District is proposing.

7. Please indicate the ability of account manager or alternate

account manager to meet at District facilities if necessary. 8. References from three (3) clients, who can be contacted in

regards to the proposer’s firm and qualifications. These references are in order of preference: other public agencies for which the proposer’s firm has provided temporary staffing services, organizations that are similar in size and complexity as the District, and lastly, any other organization that the proposer provided temporary services.

b. Proposed Services.

1. A description of the unique services and products the firm will

provide as part of its services. Please describe what features and benefits distinguish the proposer’s service and company from competitors. State your firm’s employment specialty (i.e. information technology, engineering, administrative/clerical, finance/accounting, maintenance/utility workers, creative professionals, etc.).

2. A description of your firm’s approach to managing the

professional business relationship you envision in your role as a temporary staffing services provider to the District.

3. Describe your firm’s customer service practices with potential

temporary personnel and with the District.




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4. Describe your average time to fill/lead time to fill a job order

from the District.

5. Describe how your firm complies and keeps up to date with federal, state, and local employment laws and regulations including, but not limited to, DFEH, Equal Employment Opportunity requirements. Please indicate how your firm will communicate any potential changes in state, local and federal laws to the District and how it may affect the District and temporary workers at the District.

c. Methodology Testing, Screening, Placement

1. Describe your firm’s methodology to fill a temporary employee request/job order from the District. This should detail how and where your firm typically sources and advertises for temporary workers. How does your firm ensure that there is a pipeline of qualified candidates at any given time.

2. Provide a description of how your firm will recruit a diverse

candidate pool, including local candidates as well as how your firm will reach out to veteran candidates and other underutilized candidate pools (underutilized pools include minorities and women. The District will provide candidate pool needs, i.e. minorities, women, etc.).

3. Describe how your firm would attempt to fill a “difficult to fill”

position. What makes it difficult and how would your firm approach it.

4. Describe your average time to fill/lead time to fill a job order

from the District 5. Describe how the District would be branded to potential

candidates. 6. Provide a detailed description of your firm’s testing methods to

ensure that temporary employee candidates have the specific job skills required for the requested job order. How do you determine the skill level of the candidate?




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7. Describe any additional methods used to determine the validity

and integrity of candidates’ experience and skills. This can include methods and processes for testing, screening and interviewing. How will your firm ensure that the candidates’ presented meet minimum qualifications?

8. Describe your firm’s background checking procedures. The

District has specific policy on checking backgrounds for employees, including temporary employees. Please indicate your ability to abide by the District’s requirements, which include criminal background checks and credit reports. (Please see AC Transit Board Policy No. 118, attached hereto as Exhibit A, on Page 35-41.

9. Describe the types of positions most commonly filled by your

firm and the types of positions your firm has the means to fill. Describe your firm’s success in filling positions and obstacles in filling your most difficult to fill positions.

10. Describe how candidates will be presented to the District. Preferably, if the firm has the ability to present candidates via email, with a summary and resume attached.

d. Post Placement

1. Describe how temporary employees will submit their timecards for review and approval. Please detail how managers approve time, and if a manager is not available, how delegate approval is obtained for regular and overtime hours worked. Please also describe the frequency of timecard approval.

2. Describe the pay cycle for which your firm regularly pays its

temporary employees for work performed. 3. Describe your firm’s procedures for overtime pay, holiday, on

call pay, holiday pay. Include your firm’s holiday schedule. 4. Describe the process regarding addressing temporary employee

performance problems. Describe replacing a temporary




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employee should there be an attendance problem, personality conflict, etc.

5. Describe the process should temporary employee need to

request time off, arrive late or need to leave early.

6. Travel may be required to District facilities. Provide your policy, procedure and requirements for travel and travel reimbursements.

e. Invoicing and Reporting

1. Identify and explain the processes for invoicing the District on a weekly basis for temporary employees. Please indicate the ability to provide the District with customized billing to accommodate the following: electronic invoices sent through email, name of temporary employee’s manager, funding/account code (provided by the District) for each temporary employee.

2. Describe how standard, ad hoc and customized reports can be

created and reviewed by the District. These reports may include temporary employee start dates, job title, hours worked, invoiced amount and paid amount on a weekly basis. Summaries for each pay cycle and additional reports may be requested.

3. Provide details on how your firm ensures quality management for

all aspects of services provided, including invoicing and reports. If there is a discrepancy in the information between the District and your firm, what is your method to resolve the discrepancy?

f. Price Proposal

1. Compensation (a) Hourly Rates; Positions and titles of anticipated temporary personnel are provided in Form No. 2, Price Proposal (on Page 45. Proposers must complete the rate sheet for the types of




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personnel provided by the firm. The positions listed are the most common temporary positions for the District. If your firm does not provide a particular position, please insert N/A in the corresponding cell. Enter the range of low and high hourly base rates in the respective column. Please also enter any additional positions that your firm feels may be valuable for the District. (b) Mark-up Fee/Profit Margin; Provide markup/profit information as indicated in the respective columns on Form No. 2. Describe your mark-up/profit percentage above and beyond the rate paid to the temporary employees. (c) Payrolling Mark Up – Should the District provide a candidate for placement of a temporary position, the mark up shall be reduced because no effort or resources need to be utilized to search and present candidates for the District. (d) Conversion Fees: The District shall not be required to pay any conversion fees for any temporary personnel that seek employment with the District after ninety (90) calendar days or three (3) months of temporary work, unless specifically agreed upon in the initial contract for specific, professional placements which may be prorated on a different schedule, not to exceed six (6) months of temporary employment. The request to be placed on a different schedule must be made at the time of placement (e) Volume Discount; if a volume discount is offered, state the level at which this will be offered and what conditions must be met in order for the discount to apply. (f) Overtime Rate; State the overtime mark-up rate to be applied as necessary. Fully disclose all potential sources of compensation related to any personnel placement. (g) The proposer must also agree to cover AFSCME union dues on behalf of assigned personnel. .

2. Adjustment to Compensation

(a) Hourly Rates; the range of hourly rates shall remain firm during the entire first year of the Contract term. For the subsequent years of the Contract term, the Contractor will be




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allowed, upon written request and approval by the District, to adjust prospectively the range of rates that will apply during that year based on the Consumer Price Index (CPI). The hourly rates will be adjusted by the percentage change of the CPI for the San Francisco/Oakland/San Jose area as evidenced by the most recent CPI figures available to the District at that time. The effective date of the CPI adjustment, if any, will commence on either; 1) the first day of the second and/or subsequent year(s) of the Contract term, or any extension thereof, or 2) the date of the Contractor’s request, whichever event is later. The CPI adjustment, if any, is subject to a maximum increase of 3.5% in any one year. The rate shall not exceed the hourly rate of District employees performing similar job duties.

(b) Mark-Up Fee; There shall be no adjustment allowed to the

mark-up/profit fee during the contract term. It shall remain fixed as stated by Proposer in the proposal.




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G. Rights of District. The District may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by the Proposer, and require additional evidence or qualifications to perform the services sought in connection with this RFP.

H. Contract Type. It is anticipated that the District will award a professional

services contract (“Contract”) based on hourly labor rates to one or more temporary staff agencies.

I. No Collusion. By submitting a proposal, each Proposer represents and

warrants that its proposal is genuine and not a sham, collusive or made in the interest of or on behalf of any person not named therein; that the proposer has not, directly or indirectly, induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

J. Audit Report/Requirements. Every Proposer that has been the subject

of an audit report by any government or public agency or qualified independent CPA must attach with its proposal the latest such audit report, including the direct labor, materials, fringe benefits and general overhead.

K. Incorporation of Forms and Exhibits. All Forms and Exhibits referenced

in this RFP shall be incorporated into any resulting contract.

3. MINIMUM QUALIFICATIONS

A. Required Minimum Qualifications. In order to be considered for award , Proposers must clearly meet the following minimum qualifications:

• Able to demonstrate three years of experience in placing temporary

personnel.

• Able to meet all applicable licensing and insurance requirements, including coverage for professional liability and workers’ compensation.

4. PROPOSAL EVALUATION AND SELECTION

A. Evaluation Procedure




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An Evaluation Team will review and evaluate the proposals received according to the weighted criteria set forth in this Section. While relative cost is one factor in the decision to recommend a contract award, it is not the sole consideration. Additional factors are specified below. Each member of the Committee will first read, evaluate, and score all proposals by each of the criteria described in this section. The proposed fees will be evaluated separately and points will be allocated based on the reasonableness of the proposed cost. The Committee will then discuss these evaluations, ultimately combining the individual cost and technical scores to arrive at a composite score for each firm. Firms that receive the highest composite scores will be found to be in the “competitive range” and may be invited to an oral interview. However, a Proposer may be awarded a contract based solely on the competitiveness of its proposal. B. Evaluation Scoring Criteria

1. Qualitative Factors: a. Responsiveness of the Proposal

Proposals will be evaluated to ensure that the proposer has demonstrated an understanding of each of the following elements:

• Knowledge of temporary staffing services, as such

services relate to the District’s staffing needs; and

• Objectives of the services.

b. Organizational Information & Qualifications (20 points)

The capabilities of each responding Proposer will be evaluated in these specific areas:

• Experience in providing the specified services for

similar operations and/or entities, including public agencies, if any;

• Experience and qualifications of staff assigned to the

account. The Proposer’s commitment to the scope of services will be measured in several ways. Therefore,




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the proposed number of staff committed (identified by name), the quality of such staff, and the proper balance of relevant skills are of prime concern to the District; and

• Reference of three (3) recent engagements for public

agencies for similar services. For each agency submitted as a reference, the Proposer shall supply a brief description of the services provided.

d. Proposed Services and Methodology (30 points)

The Proposer’s overall approach to successfully providing services will be assessed for feasibility, responsiveness and thoroughness. Proposals will be evaluated on:

• Proposed methodology used to identify background,

education and experience of potential temporary employees;

• Proposed methodology used to evaluate skill levels of

potential temporary employees

• Proposed background checks and methods of validation of potential temporary employee work experience;

• Approach to recruitment of high quality temporary

personnel; and

• Quality of customer service for clients and potential temporary employees

• Average time to fill job requests.

e. Invoicing and Reporting (10 Points)

• Proposed invoicing and ability to customize invoices to District’s needs

f. Size and Location of Firm (5 points)




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Consistent with its commitment to its Small, and Small - Local Business Policy, the District will give consideration to certified small businesses whose primary business location is within the District’s geographic ward boundaries. For this consideration, businesses must be certified as small at the time proposals are due; certified by a local, state or federal government organization, and self-performing a minimum of 30% of the services outlined herein.

2. Quantitative Factor: Cost Proposal (35 points)

This portion of the proposal will be evaluated based on market competitiveness of proposed hourly based labor rates, mark-ups, payrolling mark-ups, conversion fees, and volume discounts, if any.

C. Final Selection Process

Following the initial review and evaluation of proposals, one or more Proposers may be invited to participate in the final selection process. The final selection process may include the submission of additional information and/or participation in an interview or oral presentation. If the District conducts interviews, it will do so with those Proposers found to be within the “competitive range”, and will be held at the District’s Administrative Offices. It is expected that the primary principals assigned to this contract will be present for the interviews/presentation.

D. Revised Proposals, Discussions, Negotiations, Best and Final Offers

The District reserves the right to accept or reject any or all Proposals received as a result of this solicitation, to negotiate with any individual qualified firm or firms, to modify or cancel in part or in its entirety this RFP, to request revised Proposals, or to request “best and final” offers if it is in the best interest of the District. Nevertheless, The District may elect to award a contract without engaging in negotiations, so Proposers are encouraged to submit their best offers initially.

5. RELEASE OF DISTRICT INFORMATION

Proposers must receive prior permission from the District before releasing any reports, information or promotional materials, or before using the District’s logo in making such materials public.. Any firm wishing to publish such materials must provide a copy or copies to the District Project Manager for review, and approval.




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6. EQUAL OPPORTUNITY/NON DISCRIMINATION

It is the policy of the District to ensure non-discrimination in the award and administration of all contracts and to create a level playing field on which minority and small businesses can compete for all District Contracts. In connection with the performance of this Contract, the Contractor will cooperate with the District in furthering the District’s policy.

7. SMALL LOCAL BUSINESS PROGRAM

AC Transit has established a Small Local Business Procurement Program (Board Policy 466) to ensure that small local business enterprises have a meaningful opportunity to participate in AC Transit’s procurements. AC Transit believes that a Small Local Business Procurement Policy can provide support to small local businesses and enable them to more effectively compete for AC Transit procurements, especially those businesses that have been at a disadvantage in the past. Under the current Policy, a Small Local Business is a business which meets the U.S. Government’s Small Business Administration (SBA) size standard and is located within AC Transit’s geographical service area.

Firms doing business with AC Transit are encouraged to utilize small local businesses in their subcontracts. Contractors can contact Mr. Phillip McCants, Contract Compliance Administrator for information on SLBE/DBE resources at [email protected].

8. NO CONFLICT OF INTEREST

By submitting a Proposal, the Proposer represents that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for by this RFP or under any resulting contract. In the performance of this agreement, no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder.

9. VENDOR REGISTRATION

If you are not already an AC Transit registered vendor, an online Vendor Registration is required prior to Contract award. Proposers should access www.actransit.org and select Doing Business with AC Transit, and click on Vendor log-in and Registration, and then select Vendor Registration. To

mailto:[email protected]

http://www.actransit.org/




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complete the process, include a W-9, Request for Taxpayer Identification Number and Certification-containing original signature-in proposals. If online access is not available, contact the District’s Purchasing Department for instructions.

10. PROTEST PROCEDURES

Copies of the District’s Procurement Protest Procedures can be obtained online at http://www.actransit.org/about-us/board-of-directors/board-policies/. FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH IN THE DISTRICT’S WRITTEN PROPOSAL PROTEST PROCEDURES MAY RESULT IN REJECTION OF THE PROTEST.

11. FURTHER INFORMATION

Prospective proposers may contact Michael Daly. By email at [email protected] between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays accepted, for further information.

[END OF PROPOSAL REQUIREMENTS]

http://www.actransit.org/about-us/board-of-directors/board-policies/

mailto:[email protected]




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12. SCOPE OF WORK

A. Project Description. AC Transit is requesting proposals from temporary staffing agencies to provide high-quality and cost-effective temporary services in one or more of the areas listed. Given the volume and urgency of the services required, several agencies will be selected to provide services for each area. AC Transit's resulting agreement with a temporary Contractor shall therefore be non-exclusive. The District shall provide classification specifications, when possible, to the Contractor for temporary placement requests to better assist the firm in determining the placement requirements. The Contractor is expected to provide high-quality personnel, qualified by experience, training and/or education to perform work as required for the District. Contractor shall provide the District with qualified personnel on an as-needed basis in a timely manner, usually within one to two business days of the District’s request. If the Contractor cannot provide qualified personnel within one to two business days, the Contractor will provide a reasonable timeframe in which qualified personnel will be provided. Following review of potential personnel, the District shall inform the Contractor of its selection and the acceptable hourly rate. Temporary personnel provided by the Contractor are not employees of the District. The Contractor shall recruit, hire, pay, and provide benefits (if any are provided); approve and provide any leaves of absence or time-off; and address performance problems, including discipline and termination, as necessary, of temporary personnel. The Contractor shall comply with all applicable federal, state and local regulations concerning equal opportunity requirements and take affirmative action to ensure employment opportunities. Assignments may be at various locations and/or cities within the District, and the Contractor will need to be familiar with, remain up to date and comply with the locations’ local regulations regarding pay, benefits and leaves. The District reserves the right to review and approve the qualifications and experience of staff providing services under this Agreement, including new and/or replacement staff proposed by the Contractor. The District’s Senior Human Resources Administrator for Staffing, or designee, will be the Contractor’s primary contact. The Senior Human Resources Administrator will be responsible for direction, review, and approval of all temporary placement requests, as well as for overall administration of the Contract for compliance with and interpretation of the Scope of Services. All temporary placement requests will be made in writing via email. The Contractor shall only contact and receive authorization and information from the Senior




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Human Resources Administrator or designee. The Contractor may not contact hiring managers or any other District personnel in regards to filling temporary positions. Prior to any placement, the Contractor shall provide the District with a written confirmation which shall include the individual’s name, hourly rate of the selected candidate, mark-up/profit percentage fee, and authorized start and end dates of the assignment. B. Positions to be Placed. The District has an array of positions that may require the services of temporary personnel, including, but not limited to the following categories:

• Administrative/Clerical (Administrative Assistant, Coordinators, etc.) • Finance/Accounting (Financial Analysts, Payroll Specialists,

Contracts/Procurement, etc.) • Human Resources (Recruiters, Leave Management Analysts, etc.) • Creative Services (Graphic designers, etc.) • All other skilled professionals (Marketing representatives, Data Analysts

etc.) • Engineering • Information Technology • Maintenance/Light industrial/Utility/General Labor (Parts Clerk, Printers,

etc.) Classification Specifications with the minimum skills and experience required to perform the job, are located on the District’s website and may be useful to Proposers in providing a range of hourly rates for each position as requested in Form 2; Cost Proposal. Temporary personnel will not be assigned managerial or supervisory duties, however, exceptions to this may be made on a case by case basis The District reserves the right to add and/or modify the titles of positions that may require the services of temporary personnel during the term of the contract. C. Assignment Hours. Most temporary assignments require personnel to work a 40-hour week, Monday through Friday. Some assignments, such as customer service representatives and maintenance, may require temporary personnel to work evenings, weekends, and/or holidays. The District does not anticipate requesting temporary personnel to work more than eight hours per day or to travel as part of their job




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duties. In the event that personnel are required to work in excess of 40 hours per week, such overtime must be approved in writing prior to working the overtime. The District does not guarantee any minimum quantity of days or hours to be worked by temporary personnel. The District will advise the Contractor of the expected term of the placement. It is the Contractor’s responsibility to ensure that the temporary assignment concludes on the designated date. If temporary personnel cannot complete the assignment, it is the responsibility of the Contractor to give the District two weeks’ notice and to provide a timely and acceptable replacement. In the event the District determines that any staff performing services under this Agreement is not adequately qualified, properly trained or providing safe, courteous, reliable and responsible service, the District reserves the right to direct Contractor to remove an individual from providing services. Contractor shall immediately comply with this direction. In the event of illness or unforeseen emergencies regarding any temporary staff, Contractor is solely responsible for their replacement. The District reserves the right to cancel a temporary assignment at any time. It is the Contractor’s responsibility to provide notice to temporary personnel of the cancellation or conclusion of the temporary assignment. If the District determines within the first three days of an assignment that replacement is appropriate, replacement of temporary personnel shall be effectuated at no cost to the District. D. Testing and Screening Requirements. The Contractor will be required to conduct appropriate testing, employment verification, background checks and reference checks prior to the placement of temporary staff. Background checks must be conducted in accordance with District Board Policy No. 202, attached as Exhibit A hereto (Pages 34-40). The Contractor shall screen, interview, and test all personnel who are referred to the District for temporary assignments to assure their skills meet the requirements and requested standards and skills criteria of the available temporary position at no additional cost to the District. The Contractor will provide resumes for the individuals to be assigned to any particular position, as requested by the District. Unsolicited resumes will not be considered. The District may request an interview with prospective temporary staff. The Contractor will coordinate the interviews with the proposed temporary staff. E. Compensation.




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Proposers must fully disclose all potential sources of compensation related to any personnel placement.

1. Hourly Pay Rates

In the placement request, the District shall provide Contractor(s) with an hourly base pay rate for the classification of temporary staff that the District considers reasonable for each placement. This rate shall not include a Contractor’s standard profit, percentage mark-up fee, conversion fee, or volume discount. Each Contractor shall provide the District with candidates who meet the skills and experience of the placement requirements and provide their hourly pay rates and all other billing charges. The District shall determine which individual is qualified for the placement and whether the hourly rate is acceptable. The District reserves the right to reduce the rate if the qualifications do not align with the hourly rate being proposed. The rate shall not exceed the hourly rate of District employees performing similar job duties.

2. Mark-Up Fee

The District expects Proposers to submit a fair and reasonable mark-up(s) as a percentage of proposed hourly rates for all positions provided on Form 2: Cost Proposal. Fee shall include all indirect costs related to providing the services.

3. Conversion Fee

The District will not be required to pay any conversion fees for any temporary personnel that seek employment with the District after ninety (90) calendar days or three (3) months of temporary work, unless specifically agreed upon in the initial contract for specific, professional placements which may be prorated on a different schedule, not to exceed six (6) months of temporary employment. The request to be placed on a different schedule must be made at the time of placement.

4. Overtime Rate

Proposers must state the overtime rates paid to temporary personnel for work in excess of 8 hours per day or 40 hours per week.

5. Volume Discounts




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If volume discount pricing is offered, describe the threshold/conditions that the District would have to meet in order for a discount to be effective. 6. Payrolling If the District is providing a candidate to the Contractor for placement in a temporary position at the District, the Contractor shall provide a reduced markup.

F. Invoices and Reports. The Contractor shall submit weekly invoices electronically to Human Resources and provide access to the firm’s web site for online account management, if available. Proposers should describe their online account management, if any. The Contractor shall submit monthly status reports in a format approved by the District. These reports may include, but not limited to: the date of request for personnel, date of placement of personnel (first day on the job), length of placement, cost of placement, job title, department where placed, and hourly billing rate. The Contractor must provide notification two weeks prior when a temporary employee is approaching 960 hours in a calendar year and 1920 lifetime hours with the District. G. District Holidays. The District recognizes the following nine holidays: • New Year's Day • Martin Luther King Jr. Day • President’s Day • Memorial Day • Independence Day • Labor Day • Veteran’s Day • Thanksgiving Day • Christmas Day

13. COMPONENTS OF AWARDED CONTRACT

A contract awarded in connection with this RFP shall consist of the following components:




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A. A Contract substantially similar to the Sample Contract (Exhibit A). B. This Request for Proposal 2017-1390 issued March 10, 2017 and any

addenda. C. Contractor Proposal submitted in response to this RFP 2017-1390, dated

March 31, 2017. 14. PERIOD OF PERFORMANCE

It is expected that services under this Contract shall commence July 1, 2017 and continue until June 30, 2020.

15. OPTIONS TO EXTEND

At the sole discretion of the District, the contract may be extended unilaterally up to two (2), one (1) year periods. If exercised, the District shall notify the contractor in writing of its intent to exercise the option at least thirty (30) days prior to the end of contract expiration.

16. PRICING AND PAYMENT TERMS

Payment to the contractor will be made Net 30 Days after receipt of approved invoices. Invoices for services performed shall be submitted weekly by Contractor to: AC Transit Accounts Payable, PO Box 28507, Oakland, CA 94604. The Contract Number, Purchase Order Number and funding account number must be referenced on all invoices. Failure to do so could delay payment. The District may ask the contractor to adjust the format and frequency of invoices if needed. The range of hourly rates shall remain firm during the entire first year of the Contract term. For the subsequent years of the Contract term, the Contractor will be allowed, upon written request and approval by the District, to adjust prospectively the range of rates that will apply during that year based on the Consumer Price Index (CPI). The hourly rates will be adjusted by the percentage change of the CPI for the San Francisco/Oakland/San Jose area as evidenced by the most recent CPI figures available to the District at that time. The effective date of the CPI adjustment, if any, will commence on either; 1) the first day of the second and/or subsequent year(s) of the Contract term, or any extension thereof, or 2) the date of the Contractor’s request, whichever event is later. The CPI adjustment, if any, is subject to a maximum increase of 3.5% in any one year.

17. CHANGES




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If any changes to the scope of services are sought by either party that would require a modification of the amount of compensation, the changes must be reviewed in advance of any action to implement the change by the Project Manager and the Purchasing Department.

The District may at any time by written order make changes within the Scope of Services described in this Agreement. If such changes cause an increase in the budgeted cost of or the time required for performance of the agreed upon work, the Contractor shall notify the District in writing of the amount of time and compensation adjustments that are required.

In the event the Contractor encounters any unanticipated conditions or contingencies that may affect the scope of services and would result in an adjustment to the amount of compensation specified herein, Contractor shall so advise the District immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting therefrom.

Any notices shall be given to the District under the Notices clause of the Contract. Any and all agreed upon pertinent changes shall be expressed as a written modification to this Agreement prior to implementation of such changes.

18. TERMINATION

A. Termination for Convenience of the District.

The performance of work or delivery of products under any contract resulting from this RFP may be terminated in whole or in part by the District upon written notice to the contracting party (hereinafter “Contractor”) whenever the District determines that such termination is in its best interests. After receipt of said notice, Contractor must (i) stop work on such awarded contract on the date and to the extent specified in said notice, (ii) terminate all applicable orders and subcontracts, and (iii) complete performance of all work not terminated by such notice. After receipt of said notice, Contractor shall submit to the District its termination claim setting forth Contractor’s actual, direct and non-cancellable costs, together with such information as may be required by the District to evaluate the claim. The determination of the District on the claim shall be final, subject only to an appeal pursuant to the dispute resolution procedures set forth in Section 19 of the Contract Requirements and Section 6 of the Sample Contract (Page 46).




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B. Termination for Default.

1. Should the Contractor be in default and fail to remedy this default within ten (10) calendar days after receipt from the District of a notice of default (or in the case of a default that cannot be remedied within ten (10) calendar days, to commence to cure said default within said ten (10) calendar days and thereafter diligently pursue said cure until the default is remedied), the District may in its discretion terminate the contract or such portion thereof as the District determines is most directly affected by the default.

2. The term “default” for purposes of this provision includes, but is not

limited to, the performance of work in violation of the terms of the contract; abandonment, assignment, delegation, or subcontracting of the contract without approval of the District; bankruptcy or appointment of a receiver for Contractor’s property; failure of Contractor to perform the services contracted for or other required acts within the time specified for the contract or any extension thereof; refusal or failure to provide proper workmanship; failure to take effective steps to end a prolonged labor dispute; and the performance of this contract in bad faith.

C. Termination for Force Majeure.

The performance of work under the awarded contract may be terminated by the District, at its discretion, upon application therefor by the Contractor for unforeseen causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, governmental acts, fires and epidemics if such causes irrecoverably disrupt or render impossible the Contractor’s performance. An “act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against.

19. DISPUTE RESOLUTION

A. Disputes.

Performance During Dispute – Unless otherwise directed by the District, Contractor shall continue performance under any awarded contract while matters in dispute are being resolved. The District shall pay Contractor for any undisputed work performed by Contractor prior or during the resolution of the matters in dispute.




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B. Alternative Dispute Resolution/Mandatory Arbitration.

1. Notice of Dispute/Negotiated Resolution.

In the event that there is any controversy, claim or dispute between the District and the Contractor arising out of or related to the awarded contract or the breach thereof, that has not been resolved by informal discussions and negotiations, either party may, by written notice to the other, invoke the formal dispute resolution procedures set forth below. The written notice invoking these procedures shall set forth in reasonable detail the nature, background and circumstances of the controversy claim or dispute. During the thirty (30) days following said written notice, the parties shall meet, confer and negotiate in good faith to resolve the dispute. Either party may, during said thirty (30) day period, request the utilization of the services of a professional mediator, and the other party or parties to this dispute shall cooperate with such request and share the reasonable costs of such mediator.

2. Mandatory and Binding Arbitration.

a. In the event that any controversy, claim or dispute between

the District and the contractor arising out of or related to the awarded contract, or the breach thereof, cannot be settled or resolved amicably by the parties during the thirty (30) day period of good faith negotiations provided for above, then the parties shall submit said controversy, claim or dispute for binding arbitration before a single neutral arbitrator in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”); provided, however, that notwithstanding any provisions of such Rules, the parties to the arbitration shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration, as provided in Title III of Part 4 (commencing with Section 1985) of the California Code of Civil Procedure, as and to the extent that the arbitrator deems fair and reasonable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall determine all questions of fact and law relating to any controversy, claim or dispute hereunder, including, but not limited to, whether or




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not any such controversy, claim or dispute is subject to the arbitration provisions contained herein.

b. Any party desiring arbitration shall serve on the other party

or parties and the San Francisco Office of the American Arbitration Association, in accordance with the aforesaid Rules, its Notice of Intent to Arbitrate (“Notice”). The parties shall select a single, neutral arbitrator who is generally familiar with the factual and legal issues that relate to this contract and the dispute to be resolved by arbitration. In the event that the parties are unable to agree on a neutral arbitrator, then one shall be selected in accordance with the rules. The arbitration proceedings provided hereunder are hereby declared to be self-executing and it shall not be necessary to petition a court to compel arbitration.

c. The parties to the arbitration shall share equally all costs of

the arbitration, including the fee of the neutral arbitrator, and each party shall bear its own costs. The arbitrator shall have the authority, in accordance with the provisions of this contract, to award to the prevailing party its costs, including its share of the arbitration costs, and reasonable attorneys’ and expert witness fees and expenses.

d. If a controversy, claim or dispute arises between the parties

which is subject to the arbitration provisions hereunder, and there exists or later arises a controversy, claim or dispute between the parties, or either of them, and any third party, which controversy, claim or dispute arises out of or relates to the same transaction or series of transactions, said third party controversy, claim or dispute shall be consolidated with the arbitration proceedings hereunder; provided, however, that any such third party must be a party in a contract with either of the parties which provides for the arbitration of disputes thereunder in accordance with rules and procedures substantially the same in all material respects as provided for herein or, if not, must consent to arbitration as provided for hereunder.

e. All Arbitration proceedings shall be held in Oakland,

California. The Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be




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made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

20. ATTORNEY’S FEES.

It is expected that a prospective contractor will agree to a contract provision substantially in the following form: “In the event that it becomes necessary for either party to bring a lawsuit to enforce any provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney’s fees to be paid to the prevailing party.”

21. CONSULTANT’S STATUS

A Proposer must agree to abide by the District’s standard language concerning the legal relationship of the contracting parties (namely, that of independent contractors) as follows:

“Neither the Contractor nor any party contracting with the Contractor shall be deemed to be an agent or employee of the District. The Contractor is and shall be an independent contractor, and the legal relationship of any person performing services for the Contractor shall be one solely between said parties.

Contractor shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the District, except for service firms engaged in drawing, production, typing and printing. Contractor shall be solely responsible for reimbursing any subcontractors and the District shall have no obligation to them.”

22. RECORDS

It is expected that a prospective contractor will agree to a contract provision substantially in the following form:

“Contractor shall permit the authorized representatives of the District to inspect and audit all data and records relating to performance under this Agreement. Contractor shall maintain all such records for a period of three (3) years after the District makes final payment under this Agreement.”

23. INSURANCE REQUIREMENTS




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We recommend that any responding candidate confer with its insurance broker to determine if it is currently in compliance with the insurance coverage requirements set forth below. An inability to comply with these insurance requirements may result in disqualification, as these requirements will be a material feature of any awarded contract. Contractor shall procure and maintain for the duration of the contract and for a period of three years thereafter or the period of any contract warranties, whichever is longer, insurance against claims for injuries to persons or damages for property which may arise from or in connection with the performance of the work thereunder by the Ccontractor, Ccontractor’s agents, representatives, employees or subcontractors. The District reserves the right to alter, amend, increase or otherwise modify the insurance requirements stated herein. A. Coverage shall be at least as broad as:

1. General Liability coverage is to be equal to Insurance Services Office Commercial General Liability Occurrence Form CG0001.

2. Automotive Liability coverage is to be equal to Insurance Services

Office Business Auto Form CA0001 covering Automobile Liability. 3. Workers’ Compensation insurance as required by the State of

California and Employer’s Liability Insurance.

4. Professional Liability/Errors & Omissions insurance appropriate to Contractor's profession.

B. Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 combined single limit per occurrence for

bodily injury, personal injury and property damage. If aggregate limit is used, either separate aggregate limit shall apply or aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 combined single limit per accident

for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation limits as required by State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

4. Liability/Errors & Omissions: $1,000,000 per occurrence.




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C. Deductible and/or self-insured retentions must be declared to and

approved by the District. The District reserves the option to require insurer to reduce or eliminate such deductible and self-insured retention as to District and/or require Contractor to procure a bond guaranteeing payment of any deductible or self-insured retention of losses, related investigations, claims, administration and defense expenses.

D. Policies are to contain the following provisions:

1. General Liability and Automotive Liability

a. The District, its directors, its officers, officials and employees

are to be covered as additional insureds as respects to liability arising out of activities performed on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, and automobiles owned, leased, hired or borrowed by Contractor. Coverage shall contain no special limitation on scope of protection afforded to the District, its directors, its officers, officials or employees.

b. For any claims related to this contract, Contractor insurance

coverage shall be primary insurance as respects the District, its directors, its officers, officials and employees. Any insurance or self-insurance maintained by District, its directors, its officers, officials or employees shall be in excess of Contractor insurance and shall not contribute with it.

c. Any failure with reporting provisions of the policies including

breaches of warranties, shall not affect coverage provided to the District, its directors, its officers, officials or employees.

d. Contractor insurance shall apply separately to each insured

against whom claim is made or suit is brought, except with respect to the limits of insurer’s liability.

2. Workers’ Compensation and Employers Liability

Insurer shall agree to waive all subrogation rights against the District, its directors, its officers, officials and employees for losses arising from work performed by the Contractor.




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3. All Coverages

a. Each policy required shall be endorsed to state that

coverage shall not be suspended, voided or canceled by either party or reduced in coverages or limits, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District.

b. Each policy is to be on an “Occurrence” form. “Claims

Made” form requires prior approval by the District as well as Contractor required to provide acceptable evidence of policy retroactive date and to maintain coverage with same retroactive date for a period of not less than five (5) years following termination of services.

c. If Contractor maintains broader coverage and/or higher limits

than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

4. Acceptability of Insurance

Insurance is to be placed with California admitted insurers having a current A.M. Best & Co. rating of no less than “A-:VII”.

5. Verification of Coverage

Contractor shall furnish the District with appropriate Certificates of Insurance and Endorsements effecting required coverages signed by a person authorized by insurer to bind coverage. Certificates and Endorsements are to be received and approved by the District prior to commencement of any work under Contract. The District reserves the right to require certified copies of all required insurance policies.

6. Other Requirements

a. Should any work under this Contract be subcontracted, Contractor shall require each subcontractor to comply with




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each of these requirements and provide proof of such compliance to the District.

b. These insurance requirements shall not in any manner limit

or otherwise qualify liabilities and obligations assumed by Contractor under this Contract, including indemnification provisions.

24. INDEMNIFICATION

A Proposer must agree to abide by the District’s standard indemnification clause, which reads as follows:

The Contractor shall defend, indemnify, keep and save harmless the District, its Board of Directors, officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the District.

[END OF CONTRACT REQUIREMENTS]




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Exhibit A AC TRANSIT BOARD POLICY CONCERNING BACKGROUND

INVESITIGATIONS

NEW # 202

AC Transit Policy No. 118

BOARD POLICY

Category: Board and General Administrative Matters

I. PURPOSE

The purpose of this policy is to protect the District’s passengers, employees and assets by conducting background investigations on certain prospective employees, temporary employees and contractors and, in some instances, on current employees who are reclassified, transferred, promoted or demoted into a designated position. This policy also provides for safeguards to maintain confidentiality of information and data obtained through background investigations.

II. DEFINITIONS

A. Applicant: A person who is being considered for employment with AC Transit

in one of the job classifications or positions within classifications designated in the Administrative Regulation, regardless of whether the person is currently employed by the District in a different job capacity, or has been previously employed by AC Transit in any capacity.

B. Background Check or Background Investigation: The process of

legally obtaining and compiling criminal, commercial, and/or financial records of applicants or current District employees transitioning to a designated job classification or position.




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C. Background Check Review Committee, or “The Committee”: Refers to

the group of District staff members selected by the General Manager or designee, including staff from the General Manager’s Office/Equal Employment Opportunity (EEO) Compliance Office; the General Counsel’s office; and Human Resources/Staffing Management; who are tasked with the review of applications, criminal background checks, and credit histories of applicants for designated classifications and positions.

D. Conviction: A plea of guilty or no contest, or a verdict or finding of

guilt, regardless of whether a sentence was imposed by the Court. (See criminal history below for further clarification).

E. Consumer Credit Report History: a copy of a report that details an

applicant’s or employee’s credit history. The report may include details such as the age of items within the credit history, the total number of active lines of credit, the total dollar amounts owed on outstanding debts, payment history, and any bankruptcy filings, judgments, and liens. It may also include a credit score. Jobs requiring consumer credit reports fall into two categories:

1. Job classifications or positions defined by California Labor Code Section 1024.5, including:

a. managerial positions (an employee covered by the executive exemption set forth in subparagraph (1) of paragraph (A) of Section 1 of Wage Order 4 of the Industrial Welfare Commission, 8 Cal.Code Regs 11040).

b. specific positions for which a credit check is required by law;

c. positions that involve regular access, for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, to the information of any one person that includes the person’s bank or credit card account information, social security number and date of birth;

d. positions in which the person is, or would be, any of the following: (1) a named signatory on a bank or credit card account of the employer, (2) authorized to transfer money on behalf of the employer and (3) authorized to enter into financial contracts on behalf of the employer;

e. positions involving access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that (1) derives




36

independent economic value, actual or potential, from not being generally known to, ad not being readily ascertainable by proper means by, other persons who may obtain economic value from the disclosure or use of the information, and (2) is the subject of an effort that is reasonable under the circumstances to maintain secrecy of the information; f. Positions involving regular access to cash totaling ten thousand dollars ($10,000) or more of the employer, a customer, or client, during the workday.

2. Classifications and positions with duties related to federal grant

funding, and information technology; per the U.S. Department of Transportation (DOT) and the FTA.

F. Criminal History: Records maintained by the California Department of

Justice (DOJ) pertaining to the identity and criminal history of any person. The Committee is limited to the consideration of convictions only, and shall not consider criminal information related to conduct that did not result in convictions. The following records are also prohibited from consideration:

1. Information detailed in California Labor Code Section 432.7;

2. Conviction information concerning a referral to, and participation in,

any diversion program;

3. Information concerning convictions that have been judicially ordered sealed, expunged, or statutorily eradicated;

4. Information relating to any misdemeanor conviction for which

probation has been successfully completed or otherwise discharged and the case judicially dismissed pursuant to California Penal Code Section 1203.4; or California Penal Code 4852.13 certificate of rehabilitation; or information relating to certain marijuana convictions precluded by Labor Code Section 432.8; and

If the specific behavior at issue resulted in conviction, the record of

information name, date of birth, date of arrest, arresting agency, and booking numbers, charges, dispositions and similar data about the person as it related to said criminal conviction.

The District shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment




37

application, until the agency has determined the applicanrt meets the minimum employment qualifications, as stated in any notice issued for the position.

G. Designated Classification or Position: Any classification or specific position

within a broad classification may be designated based upon the representative functions enumerated in the classification specification, or specific functions of a position enumerated in the Job Announcement; for jobs within the EEO-1 categories of Executive/Mid-Level Officials and Managers, Professionals, Technicians, Administrative Support, Craft Workers, Operatives, Labors and Services Workers. The Human Resources Department makes all such designations, which may be reviewed by the General Counsel’s Office. The current list of designated classifications/positions is attached.

H. Felony: Defined by current legal standards for applicable penal code(s). I. Fiduciary Responsibility: Held by employees with access to, custody of,

and/or administration of property including financial instruments (cash, checks, accounts) belonging to AC Transit.

J. Job Classification: A composite of related job duties and functions that

includes a job title, a definition; and the knowledge, skills, abilities, and minimum qualifications required for the competent achievement of the stated functions.

K. Live Scan Criminal Background Check: A process by which an applicant’s

or employee’s fingerprints are captured electronically, and transmitted to the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), in order to determine whether an applicant, employee, or volunteer has a criminal history.

L. Master Key Access: A key or mechanical device, such as an electronic card,

allowing entry to all or many parts of a facility. M Nexus: The relationship between specific criminal conduct and the duties of a

specific job classification, or designated position within a classification. N. Pending Charge: A criminal charge that has not been adjudicated at the time

of first review by the Committee. O. Personally Identifiable Information: [Information that identifies or describes

an individual, including but not limited to name, address, telephone number, family members, Social Security Number, credit card numbers, and physical




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characteristics that would make the individual’s identity easily discoverable.

P. Position: A single job held by an individual in a job classification, which may or may not have similar or identical duties or functions, as that of other positions in the same classification; and for which an individual has been hired, or provisionally hired.

Q. Records Security Officer (RSO)/State of California Custodian of Records

(COR): The General Manager, or designee, whose responsibility it is to ensure the confidentiality and security of all criminal history information requested and received. The RSO must meet the requirements of the State of California, Department of Justice; for Custodian of Records for Live Scan Service.

R. Suitability for Employment: The determination of whether or not an

individual meets or exceeds the hiring criteria for a position; including consideration of criminal background, and/or negative credit history, if any.

III. POLICY GOALS The District is committed to protecting its passengers, employees and assets by conducting background checks. In some instances, background checks are required by Federal Transit Administration (FTA) for individuals under consideration for hire, as well as for current employees who are reclassified, transferred, demoted or promoted into designated job classifications or designated positions within classifications. In some instances, a background check may be required for current employees whose classification specification has been revised to include new assigned functions that are either safety sensitive or allow the employee new access to District assets. Background checks for employment include, but are not limited to reviews of applicants’ criminal conviction and credit histories, review of DMV records, pre-employment and on- going drug testing as required by the US Department of Transportation and, in some instances, verification of licenses, degrees or certificates and consumer credit reports. The Board of Directors authorizes the General Manager or his/her designee to conduct background checks and the authority to adopt Administrative Regulations for administering and implementing this policy and to adopt procedures to secure confidentiality of such information gathered during background checks. The General Manager has the authority to designate a Records Security Officer who will be assigned duties as Custodian of Records for Live Scan Service, as defined by the State of California Department of Justice requirements. AC Transit understands, and state and federal laws require, that the individual has a right to privacy and employees and others are prohibited from seeking, using, or disclosing personal information, except within the scope of their required duties and as required by law.




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IV. DENIAL OF EMPLOYMENT No applicant for employment with AC Transit will be summarily disqualified from employment based solely on a criminal conviction and/or a negative consumer credit report. The District shall consider an applicant’s prior criminal record and/or consumer credit report among multiple factors in making individual hiring decisions. AC Transit shall evaluate each applicant on a case-by-case basis to determine if the particular circumstances of the conviction(s) or credit history indicate whether or not the applicant is suitable for employment. In determining whether there is a nexus between the applicant’s criminal record and/or consumer credit report, and the job duties of the applied for job classification, the following will be considered:

1. The nature of the criminal conduct and/or consumer credit report at issue;

2. The length of time since the criminal conviction and/or negative consumer credit

information in relation to the time of the job application; 3. The degree of rehabilitation evidenced by the applicant;

4. The circumstances under which the crime(s) was (were) committed and/or the

circumstances under which adverse entries on consumer credit report history occurred and any mitigating circumstances; and

5. Whether the nature of the conviction(s) and/or negative consumer credit

information in relationship to the particular duties of the job classification create a risk of endangerment to any person and/or property of the public and/or AC Transits’ employees or assets.

If the District determines that a nexus exists between the criminal conduct and/or

consumer and/or consumer credit report at issue, and the particular duties of the position or promotional opportunity, and a business necessity is established, AC Transit may deny employment to the applicant.

V. COSTS OF ACQUISITION The General Manager is hereby authorized to pay all costs associated with the acquisition of information in a background investigation. Any fees or charges incurred in conducting background investigations shall be a valid expenditure of AC Transit funds. VI. FINDING OF NECESSITY The Board finds that conducting background investigations for particular positions is necessary in order to assist AC Transit in fulfilling its employment duties and fulfilling its duties under FTA guidelines.




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VII. SAVINGS CLAUSE

If any section, subsection, sentence, clause, phrase or portion of this policy is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this policy.




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1. REFERENCE QUESTIONAIRE 2. PRICE PROPOSAL FORM




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FORM NO. 1: REFERENCE QUESTIONAIRE

GENERAL INFORMATION

All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. 1. Name of Organization: 2. Telephone Number: 3. Number of Years in Business: 4. Organization is (check one): ___ Corporation ___ Partnership ___ Association

___ Joint Venture ___ Sole Proprietorship ___ Public Agency ___ Quasi-Public Agency

5. If a Corporation, State where incorporated? 6. Date firm organized 7. Employee/Tax Identification Number: 8. Organization's Address:

9. Name, Title, and Telephone Number of the Organization's Authorized

Representative:

10. List all major officers (including titles) in the Organization:

11. If firm is a partially, or a fully owned subsidiary of another firm, an appropriate

statement must be included identifying all levels of corporate management required to approve contracts relating to any project resulting from this RFP.

12. Indicate whether a specific corporation or joint venture would be formed for the sole

purpose of receiving this Contract:




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13. Organization's Credit References and, Dun and Bradstreet number (list name,

address and telephone number of at least three, including business bank):

Proposers Dun and Bradstreet Number:

A. Reference

B. Reference

C. Reference

14. Has the firm ever been subject to a regulatory, state or Federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to business practices? Have any employees ever been investgated? Explain.

15. Has a contract been “defaulted”? __________ If so, where, when and why?

How was it resolved?




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16. Has there been a past contract “debarment” action? __________ If so, where, when and why? _______

How was it resolved?

17. Attach City, County, State Business License(s), Permit(s) copies to include dates

and geographic areas of operation.

[END OF REFERENCE QUESTIONAIRE FORM]




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FORM NO. 2 – PRICE PROPOSAL FORM Instructions: Please provide the low and high hourly range for base pay, applicable markup rate and conversion fee for each position title your firm is proposing to provide temporary services for. Add more lines as needed to the table if needed. If a subcontractor is to be used, identify subcontractor in comments column. Secretarial/Clerical/Administrative Position Title Hourly

Rates – Low

Hourly Rates - High

Mark-up/Profit Percentage

Conversion Fees , if applicable

Comments: Overtime Rate, Volume Discount (if applicable)

1. Administrative Assistant

2. Senior Administrative Assistant

3. Administrative Coordinator

4. Senior Clerk

5.

6.

7.

Finance/Accounting/Procurement Position Title Hourly

Rates – Low

Hourly Rates - High




1. Contracts Specialist

2. Financial Analyst

3. Senior Financial Analyst

4. Principal Financial Analyst (Budget)

5. Buyer




46

6. Senior Buyer

7.

Human Resources Position Title Hourly

Rates – Low

Hourly Rates - High




1. Human Resources Analyst (Recruiter)

2. Human Resources Analyst (Leave of Absence Analyst)

3. Human Resources Analyst (Benefits)

4. Benefits Clerk

5.

6.

7.

Creative Services Position Title Hourly

Rates – Low

Hourly Rates - High




1. Graphic Designer




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2. Production Artist

3. Marketing Administrator

4. Copywriter

5.

6.

7.

All Other Skilled Professionals Position Title Hourly

Rates – Low

Hourly Rates - High




1. Marketing Representative

2. Data Analyst

3.

4.

5.

6.

7.

Legal Position Title Hourly

Rates - Low

Hourly Rates - High




1. Legal Assistant

2. Senior Claims Representative

3. Senior Legal Assistant




48

4.

5.

6.

7.

Engineering Position Title Hourly

Rates - Low

Hourly Rates - High




1. Environmental Engineer

2. Civil Engineer

3. Project Manager

4. Project Coordinator

5.

6.

7.

Information technology Position Title Hourly

Rates – Low

Hourly Rates - High




1. Database Administrator

2. PeopleSoft Engineer




49

3. Network Engineer

4. Telecommunications Coordinator

5. Helpdesk Technician/Network PC Analyst

6.

7.

Maintenance/Light industrial/General Labor Position Title Hourly

Rates – Low

Hourly Rates - High



Comments

1. Printer

2. Printer Press Operator

3. Bindery Worker

4. Parts Clerk

5.

6.

7.

[END OF ADMINISTRATIVE SUBMITTALS]


TEMPORARY PERSONNEL SERVICES CONTRACT EXHIBITS

SAMPLE CONTRACT

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THIS CONTRACT is made and entered into this _____ day of ______ 2017, by and between the ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (hereinafter "AC Transit" or the "District"), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq., and _________________________________________ (hereinafter “Contractor”). THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES

Contractor shall furnish the District all services in full accordance with Request for Proposal No. 2017-1390 prepared and issued by the District titled TEMPORARY STAFFING SERVICES dated June 5, 2017.

2. COMPONENT PARTS

This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference:

A. Request For Proposal No. 2017-1390 and any addenda B. This Contract C. Contractor’s Proposal Dated July 14, 2017

3. PERIOD OF PERFORMANCE

Services under this Contract shall commence September 1, 2017 and continue until August 30, 2020. The Contractor shall not be held liable for delays resulting from problems of scheduling on the part of the District.

4. CONTRACT PRICE

The District agrees to pay the Contractor in accordance with hourly rates set forth in the Contractor’s proposal dated May 31, 2017. The District and the Contractor must mutually agree upon any adjustments in payment. Invoices for services performed shall be submitted to AC Transit Accounts Payable, P.O. Box 28507, Oakland, California 94604. Payment to the Contractor will be made Net 30 days after receipt of approved invoices. Please reference the Contract Number and Purchase Order Number on all submitted invoices. Failure to do so could delay payment.



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5. TERMINATION

A. Termination for Convenience of the District.

The performance of work or delivery of products under any contract resulting from this RFP may be terminated in whole or in part by the District upon written notice to the contracting party (hereinafter “Contractor”) whenever the District determines that such termination is in its best interests. After receipt of said notice, Contractor must (i) stop work on such awarded contract on the date and to the extent specified in said notice, (ii) terminate all applicable orders and subcontracts, and (iii) complete performance of all work not terminated by such notice. After receipt of said notice, Contractor shall submit to the District its termination claim setting forth Contractor’s actual, direct and non-cancellable costs, together with such information as may be required by the District to evaluate the claim. The determination of the District on the claim shall be final, subject only to the dispute resolution procedures set forth in Section 6 hereof.

B. Termination for Default.

1. Should the Contractor be in default and fail to remedy this default

within ten (10) calendar days after receipt from the District of a notice of default (or in the case of a default that cannot be remedied within ten (10) calendar days, to commence to cure said default within said ten (10) calendar days and thereafter diligently pursue said cure until the default is remedied), the District may in its discretion terminate the contract or such portion thereof as the District determines is most directly affected by the default.

2. The term “default” for purposes of this provision includes, but is not

limited to, the performance of work in violation of the terms of the contract; abandonment, assignment, delegation, or subcontracting of the contract without approval of the District; bankruptcy or appointment of a receiver for Contractor’s property; failure of Contractor to perform the services contracted for or other required acts within the time specified for the contract or any extension thereof; refusal or failure to provide proper workmanship; failure to take effective steps to end a prolonged labor dispute; and the performance of this contract in bad faith.

C. Termination for Force Majeure.



SAMPLE CONTRACT

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The performance of work under the awarded contract may be terminated by the District, at its discretion, upon application therefor by the Contractor for unforeseen causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, governmental acts, fires and epidemics if such causes irrecoverably disrupt or render impossible the Contractor’s performance. An “act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against.

6. DISPUTE RESOLUTION

A. Performance During Dispute Resolution.

Unless otherwise directed by the District, Contractor shall continue performance under any awarded contract while matters in dispute are being resolved. The District shall pay Contractor for any undisputed work performed by Contractor prior or during the resolution of the matters in dispute.

B. Alternative Dispute Resolution/Mandatory Arbitration.

1. Notice of Dispute/Negotiated Resolution.

In the event that there is any controversy, claim or dispute between the District and the Contractor arising out of or related to the awarded contract or the breach thereof, that has not been resolved by informal discussions and negotiations, either party may, by written notice to the other, invoke the formal dispute resolution procedures set forth below. The written notice invoking these procedures shall set forth in reasonable detail the nature, background and circumstances of the controversy claim or dispute. During the thirty (30) days following said written notice, the parties shall meet, confer and negotiate in good faith to resolve the dispute. Either party may, during said thirty (30) day period, request the utilization of the services of a professional mediator, and the other party or parties to this dispute shall cooperate with such request and share the reasonable costs of such mediator.

2. Mandatory and Binding Arbitration.



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a. In the event that any controversy, claim or dispute between the District and the contractor arising out of or related to the awarded contract, or the breach thereof, cannot be settled or resolved amicably by the parties during the thirty (30) day period of good faith negotiations provided for above, then the parties shall submit said controversy, claim or dispute for binding arbitration before a single neutral arbitrator in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”); provided, however, that notwithstanding any provisions of such Rules, the parties to the arbitration shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration, as provided in Title III of Part 4 (commencing with Section 1985) of the California Code of Civil Procedure, as and to the extent that the arbitrator deems fair and reasonable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall determine all questions of fact and law relating to any controversy, claim or dispute hereunder, including, but not limited to, whether or not any such controversy, claim or dispute is subject to the arbitration provisions contained herein.

b. Any party desiring arbitration shall serve on the other party

or parties and the San Francisco Office of the American Arbitration Association, in accordance with the aforesaid Rules, its Notice of Intent to Arbitrate (“Notice”). The parties shall select a single, neutral arbitrator who is generally familiar with the factual and legal issues that relate to this contract and the dispute to be resolved by arbitration. In the event that the parties are unable to agree on a neutral arbitrator, then one shall be selected in accordance with the rules. The arbitration proceedings provided hereunder are hereby declared to be self-executing and it shall not be necessary to petition a court to compel arbitration.

c. The parties to the arbitration shall share equally all costs of

the arbitration, including the fee of the neutral arbitrator, and each party shall bear its own costs. The arbitrator shall have the authority, in accordance with the provisions of this contract, to award to the prevailing party its costs, including



SAMPLE CONTRACT

54

its share of the arbitration costs, and reasonable attorneys’ and expert witness fees and expenses.

d. If a controversy, claim or dispute arises between the parties

which is subject to the arbitration provisions hereunder, and there exists or later arises a controversy, claim or dispute between the parties, or either of them, and any third party, which controversy, claim or dispute arises out of or relates to the same transaction or series of transactions, said third party controversy, claim or dispute shall be consolidated with the arbitration proceedings hereunder; provided, however, that any such third party must be a party in a contract with either of the parties which provides for the arbitration of disputes thereunder in accordance with rules and procedures substantially the same in all material respects as provided for herein or, if not, must consent to arbitration as provided for hereunder.

e. All Arbitration proceedings shall be held in Oakland,

California. The Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

7. NOTICES

Any notices, which may be required under this Contract shall be in writing, shall be effective when received, and shall be given by personal service or by certified or registered mail, return receipt requested, to the addresses set forth below or to such other addresses which may be specified in writing to all parties to this Contract. DISTRICT: CONTRACTOR: AC Transit Director of Purchasing and Materials 1600 Franklin Street, 6th Floor Oakland, California 94612



SAMPLE CONTRACT

55

8. ATTORNEY’S FEES

In the event that it becomes necessary for either party to bring a lawsuit to enforce any provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney’s fees to be paid to the prevailing party.

9. SEVERABILITY

If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this Contract, which shall otherwise remain in full force and effect.

10. BINDING EFFECT

All of the terms, provisions and conditions of the Contract hereunder, shall be binding upon and inure the parties hereto and their respective successors, assigns, and legal representatives.

11. CONFLICT OF INTEREST

By signing this Contract, the Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Failure to comply with this provision serves as a basis for termination for default and the collection of any damages.

12. ASSIGNMENT

The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the Contract or any right, title, or interest in or to the same or any part thereof without prior consent of the District.

13. GOVERNING LAW

All matters arising under the contract shall be governed by California law.



SAMPLE CONTRACT

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14. VENUE

In the event of a dispute or breach of contract, venue shall be in Alameda County, California.

15. ENTIRE AGREEMENT

This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this agreement shall be void and of no effect.

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SAMPLE CONTRACT

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IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below. ALAMEDA-CONTRA COSTA CONTRACTOR: TRANSIT DISTRICT: Michael A. Hursh Date Signature Date General Manager APPROVED AS TO FORM AND CONTENT: Print Name Denise Standridge Date Title General Counsel

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