A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only thi s ____ day of _________________, 2023 is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM,”
A
N
D
CLOUD PERSONNEL LLC, a California limited liability company, hereinafter referred to as “CONTRACTOR.”
W I T N E S S E T H:
WHEREAS, ANAHEIM’s Department of Convention, Sports & Entertainment occasionally has a need to utilize temporary personnel services; and WHEREAS, CONTRACTOR desires to provide such services as needed from time to time;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. LEGAL CAPACITY OF CONTRACTOR
CONTRACTOR and the signators for CONTRACTOR represent that CONTRACTOR is formed pursuant to the laws of the State of California and is qualified to do business in the State of California.
2. SCOPE OF SERVICES
CONTRACTOR shall perform temporary employment services as needed from time to time to ANAHEIM’s Department of Convention, Sports & Entertainment, as follows:
A. Provide qualified, experienced personnel pu rsuant to those qualifications and those Services specifically outlined in the Request for Proposal s (“RFP”) issued by the City 2 of Anaheim and attached hereto and incorporated herein by reference as Exhibit “ A” (hereinafter referred to as the “Services”).
B. Fill all requests for personnel as further d elineated in the RFP attached hereto as Exhibit “A.”
C. Provide payroll service and make all deductions required by law for personnel providing services to ANAHEIM.
D. Monitor the time worked by each employee to ensure that no employee works for ANAHEI M in excess of six months in a calendar or fiscal year, unless prior wri tten approval is obtained.
E. Comply with ANAHEIM’s background check policy and provide documentation of successful background check completion for each employee.
F. Comply with al l laws, including AB 1028, and CalPERS rules regarding CalPERS Retired Annuitants, whether formerly employed by the City or other public agency employers subscribing to CalPERS, and ensure that no employee provided under this agreement would need to be rei nstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at ANAHEIM under this Agreement. A true and correct copy of the CalPERS publication "A Guide to CalPERS Employment After Retirement" is attached hereto for CONTRACTOR's reference as Exhibit “A.”
1. In ensuring such compliance with CalPERS rules and the retirement law, CONTRACTOR agrees to ensure that each Retired Annuitant that it provides to work at ANAHEIM under this contract has first met the following requirements:
a) The bona fide separation requirement if applicable; and b) The 180 -day waiting period requirement or an allowable exception.
2. In addition, CONTRACTOR further agrees that it will only provide Retired Annuitants to perform work under this Agreement if they meet the following conditions:
3 a) Any Retired Annuitant on a Disability Retirement cannot be assigned to a similar position from which they retired, or to perform duties or activities from which they were restricted from performing at the time of their disability retirement; b) Any Retired Annuitant provided under this Agreement must have specialized skills and be needed to perform work of limited duration or his/her employment must be needed during an emergency to prevent stoppage of public business; c) The hours worked by each Retired Annuitant do not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined;
d) The pay rate paid to each Retired Annuitant is not less than the minimum nor exceeds the maximum paid to other employees by ANAHEIM performing comparable duties, divided by 173.333 to equal an hourly rate; e) The Retired Annuitant cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; and
f) The Retired Annuitant cannot be provided to work at ANAHEIM under this contract if s/he received unemployment insurance payments for prior work for any CalPERS employer within 12 months prior to the appointment date.
CONTRACTOR shall be solely responsible for determining which of its employees are CalPERS Retired Annuitants and for ensuring compliance with the retirement law and all CalPERS rules and regulations for each of its Retired Annuitants. CONTRACTOR agrees to defend and indemnify ANAHEIM for any fees, fines, penalties, contributions, or other monetary damages claimed, asserted, or alleged against them, as a result of CONTRACTORs provision of a Retired Annuitant to perform work at ANAHEIM under this Agreement.
3. CONTRACTOR'S FEES AND PAYMENT THEREFOR
ANAHEIM will compensate CONTRACTOR for the services to be performed pursuant to this Agreement by the following sums of money:
A. The compensation rates for the first contract year or portion thereof following the effective date hereof shall be as stated on Exhibi t “B”, attached hereto, which is 4 incorporated herein by this reference. If the contract is extended, the parties hereto agree that rates for the second contract year may be increased at a rate approved by ANAHEIM, which shall not exceed the increase for the prior twelve months in the Con sumer Price Index published by the United States Bureau of Labor Statistics for the statistical area that includes the City of Anaheim.
Any percent increase approved by ANAHEIM in the rate billed to ANAHEIM shall also be applied by CONTRACTOR to the direc t labor rate paid to the employee. CONTRACTOR shall submit to ANAHEIM its request, if any, for a rate increase to be effective for any fiscal year on or before the first day of June of the prior fiscal year.
B. Payment for services rendered hereunder shall be made based upon invoices submitted to ANAHEIM on a bi-weekly basis and approved by the Executive Director. Invoices must include the job classification provided to the Department, the name of the temporary employee, the hourly rate paid to the temp orary employee, and the total hourly rate charged by CONTRACTOR. The net amount due to CONTRACTOR shall be paid within thirty (30) calendar days after submission of an approved invoice to ANAHEIM.
C. The overtime rate of compensation shall be computed as follows: Time and a half for hours worked over (40) hours in a week or more than eight (8) hours in one day.
D. All parties understand and agree that the total fees to be paid by ANAHEIM for all of CONTRACTOR’s services provided hereunder, including expenses, shall not exceed One Hundred Twenty -Five Thousand Dollars an d No/100 Cents ($125,000.00) for any contract year of the Agreement, measuring each year from the Effective Date forward.
4. REPRESENTATIVE OF ANAHEIM
The Executive Director of Convention, Sports & Entertainment or designated representative (“Executive Director”) shall represent ANAHEIM in all matters pertaining to the services to be rendered pursuant to this Agreement and the terms and conditions thereof.
5. COMPLIANCE WITH LAWS AND REGULATIONS
In the performance of this Agreement, CONTRACTOR shall comply with and conform to any and all applicable laws of the United States and the State of California, as well as 5 the ordinances, rules, regulations and policies of the ANAHEIM , i ncluding but not limited to securing a business license from ANAHEIM . CONTRACTOR shall conform to the IMMIGRATION REFORM AND CONTROL ACT (IRCA) of 1986 (Public Law 99 -603) including, but not limited to, the verification of the employment eligibility of al l persons referred to ANAHEIM.
6. INDEPENDENT CONTRACTOR
A. The performance of CONTRACTOR's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of ANAHEIM. In consideration for the compensa tion paid to CONTRACTOR by ANAHEIM, CONTRACTOR agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, paid sick leave, health or any other b enefits, and CONTRACTOR agrees that it shall not sue or file a claim, p etition or application for such benefits against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
B. CONTRACTOR shall communicate to its employees that personnel assigned to ANAHEIM are still employed by CONTRACTOR and shall have no entitlement to the level of wages or to any benefits that may be available to regular employees of ANAHEIM.
C. CONTRACTOR warrants and represents and agrees that the emplo yees it assigned to ANAHEIM under this AGREEMENT are employees of CONTRACTOR and not employees of ANAHEIM. CONTRACTOR further warrants and represents that CONTRACTOR meets the business-to-business contracting relationship exception in subsection (e) of Ca lifornia Labor Code Section 2750.3, or other such exceptions, such that neither CONTRACTOR nor its employees assigned to ANAHEIM under this AGREEMENT are employees of ANAHEIM under that provision of the law.
D. CONTRACTOR agrees that any and all claims, demands, defense costs, actions, liabil ity, or consequential damages related to whether the employees assigned by CONTRACTOR are or should be considered under the law to be employed by ANAHEIM are 6 covered by CONTRACTOR’S obligations to defend and indemnif y ANAHEIM in Section 14 of this Agreement.
7. TERM
The term of this Agreement shall commence on the effective date as set forth below and shal l terminate on June 30, 2026 , unless terminated sooner as hereinafter provided.
ANAHEIM’s Executive Director shall have the option, in their sole discretion, to extend this Agreement for an additional two year period on the same terms and conditions set forth herein.
8. CONFLICT OF INTEREST
CONTRACTOR or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or par ticipating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, CONTRACTOR shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM. CONTRACTOR shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONTRACTOR’s violation of this Section.
9. TERMINATION
Either party hereto may terminate this Agreement by providing the other party thirty (30) days advance written notice of termination.
10. AUDITS
CONTRACTOR shall make available to ANAHEIM, for inspection and auditing, its records relevant to ANAHEIM'S account, at any time during regular working hours, upon giving advance notice.
11. NON EXCLUSIVE AGREEMENT
ANAHEIM reserves the right to recruit and employ part -time or temporary employees and the right to use personnel from other agencies during the term of this Agreement. 7 ANAHEIM makes no commitment or guarantee as to the number of times personnel will be requested, if at all, or the number of hours that will be required. Each individual assignment will be handled separately.
12. PAYROLL AND FRINGE BENEFITS
CONTRACTOR is solely responsible for paying its employees withholding and for payment of all federal, state and local personal income taxes, social security, unemployment and disability insurance, and other payroll taxes as required by law. CONTRACTOR shall pay its employees no less than the minimum wage mandated by Federal law. Proof of such payments and maintenance of all necessary records pertaining thereto shall be furnished to ANAHEIM upon request.
CONTRACTOR acknowledges that through the Patient Protection and Affordable Care Act of 2010, as amend ed (‘ACA’), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers to provide a certain level of benefits to their employees. CONTRACTOR will comply with its ACA obligations through offering ACA compliant benefits to eligible contingent workers, including any and all eligible CONTRACTOR personnel assigned to City.
All fringe benefits shall be paid by CONTRACTOR to its employees at no cost to ANAHEIM.
13. EEO/NON-DISCRIMINATION
CONTRACTOR understands that ANAHEIM is an Equal Employment Opportunity Employer and agrees to give consideration to ANAHEIM'S Non -Discrimination Program (NDP) when personnel are placed by CONTRACTOR.
14. INDEMNITY
As respects acts, errors or omissions in the performance of profess ional services, CONTRACTOR agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any 8 kind or nature, directly arising out of the negligent acts, errors or omissions of the CONTRACTOR or any SUB-AGENT in the performance of professional services under this Agreement.
As respects all acts, errors or omissions that do not arise directly out of the performance of professional servic es, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONTRACTOR agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONTRACTOR’S (or CONTRACTOR'S AGENT or SUB-AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.
The obligations set forth in this indemnification provisio n (i) shall be in effect without regard to whether or not ANAHEIM, CONTRACTOR, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
15. INSURANCE
Without limiting ANAHEIM’S right to indemnification, it is agreed that CONTRACTOR shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence/accident/illness/injury.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Independent CONTRACTOR’S Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form.
Such insurance shall be written on a primary basis but may include a deductible or self -insured 9 retention of more than $10,000 per occurrence, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Commercial Automobile Liability Coverage including —as applicable —owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.
Professional Liability Insurance, inclusive of Cyber Liability Insurance, in an amount not less than $2,000,000 per occurrence or per claim. Such insurance shall be written on a primary basis, but may include a deductible or self -insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Any required coverage written with primary and excess layers to satisfy th e minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.
CONTRACTOR agrees that this insurance shall not be voluntarily cancelled by CONTRACTOR, or limited in scope or coverage by CONTRACTOR, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non -payment of premium, which requires notice of not less than ten (10) days.
Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by CONTRACTOR pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.”
10 “The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.” Prior to commencing any work under this Agreement, CONTRACTOR shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONTRACTOR shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not a pply if the parties agree that CONTRACTOR shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
In addition to other remedies ANAHEIM may have if CONTRACTOR fails to provide or maintain any insurance policie s or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
Order CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) that become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof;
11 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONTRACTOR’S failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed in any way as limiting the extent that an CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’S, (or CONTRACTOR’S AGENT or SUB -AGENT, if any) performance of the work covered under this Agreement.
In the event CONTRACTOR hires other persons or firms to perform some of the work related to this Agreement, CONTRACTOR shall ensure (i) that the acts or omissions of such persons or firms are covered under the above -referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONTRACTOR under this Agreem ent (except for firms that are not performing professional services—such firms shall not be required to carry the above -referenced professional liability insurance); and in either instance, CONTRACTOR shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that it is in ANAHEIM’S best interest.
16. ASSIGNMENT
Neither CONTRACTOR nor ANAHEIM may assign o r transfer this Agreement, or any part thereof, without the written consent of the other party.
19. EMPLOYMENT WITH ANAHEIM
Should any personnel, after being placed by CONTRACTOR in a position with ANAHEIM, seek employment with ANAHEIM, ANAHEIM shall no t pay any placement fee therefor.
12 20. PERSONNEL REPLACEMENT
In the event any personnel placed by CONTRACTOR must be released from duty for any reason, CONTRACTOR will be given an opportunity to replace such personnel within four (4) hours of notification of such release.
21. NO THIRD-PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.
22. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
CITY
City of Anaheim
Attn: Executive Director
Convention, Sports &
Entertainment
800 W. Katella Ave.
Anaheim, CA 92802
CONTRACTOR
Cloud Personnel LLC
Patrick Allen, CEO
1165 E. San Antonio Drive #D
Long Beach, CA 90807
(951) 346-4899
[email protected]
and copies to
City of Anaheim
Attn: City Clerk
200 S. Anaheim Blvd., 2nd Floor
Anaheim, CA 92805
23. AUTHORITY
CONTRACTOR and CONTRACTOR's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
13 24. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
Date of Execution:
_____________________________
CITY OF ANAHEIM
a municipal corporation
By: __________________________________
“ ANAHEIM”
ATTEST:
By: _____________________________
City Clerk of Anaheim
Date of Execution:
CLOUD PERSONNEL LLC, a California limited
liability company
By: _____________________________________
Printed Name: _____________________________
Title: ___________________________________
“CONTRACTOR”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
148911
1 Request for Proposal
#560-3-17-2023
Temporary Agency Services
March 17, 2023
Anaheim Convention Center
800 W. Katella Ave.
Anaheim, California 92802
Bid Contact
Jeff Byrne
[email protected]
Key RFP Dates
Release of Request for Proposal Friday, March 17, 2023 Mandatory Pre-Bid Meeting:*
Friday, March 31, 2023,
10:00 AM Pacific Daylight Time
Vendor Questions Final Submittal Deadline
http://anaheim.net/vendorportal
Friday, April 7, 2023,
4:00 PM Pacific Daylight Time
Vendor Questions – Answers Returned and Posted: Friday, April 14, 2023 Proposals Due:
Friday, April 21, 2023,
4:00 PM Pacific Daylight Time
*Representative of Firm MUST attend the Mandatory Pre-Bid Meeting in order to submit a proposal.
NOTE: The following defines the estimated timeline for the selection of a Vendor. However, the City reserves the right to modify or reschedule procurement milestones as necessary.
Exhibit A
2 Contents
1.01 Purpose of the Request for Proposal ...................................................................................... 3
1.02 Background ........................................................................................................................... 3
1.03 Scope of Work ....................................................................................................................... 3
1.04 General Provisions ................................................................................................................. 5
1.05 Certificate of Insurance/Indemnity Clause ............................................................................. 6
1.06 Non-Collusion Clause ............................................................................................................. 6
1.07 Questions and Communications ............................................................................................. 6
1.08 City’s Requirement for Business License ............................................................................... 6
2.01 Evaluation Factors for Award................................................................................................ 6
2.02 RFP Deadline ......................................................................................................................... 7
2.03 Submission of Proposal .......................................................................................................... 7
3.01 City of Anaheim General Conditions: Requests for Proposals ............................................... 9 Appendix I – Class Specifications ................................................................................................... 16 Appendix II – Standard Insurance Language ................................................................................. 19 Appendix III – Standard Indemnification Provision ....................................................................... 22 Appendix IV – Non-Collusion Affidavit .......................................................................................... 23 Appendix V: Fees ............................................................................................................................ 24 Appendix VI: References ................................................................................................................ 25 Appendix VII: Sample Professional Services Agreement (PSA) ...................................................... 27 Appendix VIII: Pre-Bid Conference Map and Directions ............................................................... 67
3 1.01 Purpose of the Request for Proposal
The City of Anaheim’s Anaheim Convention Center (ACC) is seeking proposals from qualified temporary staffing agencies that are interested in providing the ACC with temporary services in the Cleaner/Setup Worker job classifications. The purpose of this Request for Proposal solicitation is to identify the most qualified, responsive and responsible agencies to provide these services over the course of a proposed three (3) year contract period with an option to extend up to two (2) year s with the approval of the ACC’s Executive Director, subject to budget appropriation.
The job classification requested by City that require Agency services are found in Appendix I and can be found on the City’s website at:
https://www.governmentjobs.com/careers/anaheim/classspecs/1260660?keywords=cleaner&pagetype=cla ssSpecifications
Information on this RFP and any addenda will be available on the following website “http://anaheim.net/vendorportal” by searching “560-3-17-2023-Temporary-Agency-Services”.
The City encourages all prospective agencies to examine this RFP carefully. Qualified agencies, as defined below, are requested to submit proposals to provide the services described in this RFP.
1.02 Background
The City owned and managed Anaheim Convention Center (ACC) is consistently ranked as one of the top meeting venues in the United States in terms of its size, attendance, overall building services and amenities.
The LEED certified 1.8 million square foot ACC is the largest convention center on the West Coast. The ACC has over one million square feet of exhibit space including five ballrooms totaling 238,000 square feet, an Arena with seating for 7,500 and over 65,000 square feet of meeting room space on the second floor. The 2017 expansion, ACC North, adds 200,000 square feet of space with 100,000 square feet carpeted column-free multi-purpose space on two different levels featuring moveable airwalls for a variety of meeting room layout options. In addition, the outdoor Palm Courts, Arena Plaza and Grand Plaza offer sunny possibilities for year-round special events, receptions and networking.
1.03 Scope of Work
Project Administration: Agency shall designate one point of contact (project administrator) to direct agency’s efforts in fulfilling the ACC as-needed request for temporary services under the agreement.
Quality: Agency shall be responsible for the professional quality and technical competence of personnel supplied to ACC. Additionally, Agency shall be responsible for the coordination of all efforts and other services furnished by Agency under the Agreement.
Recruitment/Retention: Agency shall thoroughly screen, test, and interview all temporary workers to ensure that they meet the minimum qualifications. At its discretion, the ACC may hire any temporary worker assigned by Agency to an ACC position without paying a placement fee.
Order Filling: ACC makes no commitment to guarantee the number of times temporary help will be requested or the number of hours. Each individual assignment will be handled separately. Staffing requests will be made by telephone or email. Once a temporary worker has been placed at the City for six months and subsequently released from their assignment, they are not eligible to return to the City as a temporary worker for a period of six months from the date of release. After a six-month period, the temporary worker is eligible to return to the City for another assignment at the City’s discretion 4 Once a temporary worker has been approved to begin an assignment, the Agency must submit a confirmation letter stating the temporary worker’s name, direct pay rate, billing rate, classification, start date, and release date or duration of the assignment. ACC will confirm the information with the Agency prior to authorizing the temporary worker to begin the assignment.
Hours Worked: Agency shall provide the City with hours worked report for all personnel placed by the Agency after each payroll period (weekly, bi -weekly, semi-monthly, or monthly) and upon request. In addition, Agency must notify the City when a temporary worker has reached 800 hours.
Background Checks: Prior to assignment, Agency shall provide written verification that all persons recommended for a work assignment are eligible for employment under all state and federal laws and have passed the background check as provided herein. Complete results shall be provided upon request from the City. Background checks shall consist of the following:
(a) Social security verification, and verification of employment eligibility under the provisions of the Immigration Reform and Control Act (IRCA),
(b) Criminal check. Agency’s personnel shall have no pending criminal proceedings and no criminal convictions for the past seven (7) years.
Agency shall maintain in its files supporting its verification of the requirements and shall, upon the City’s request, provide copies of or access to all such records. Agency shall provide proof to the City’s satisfaction that personnel with pending criminal proceedings or who have been previously convicted of a felony do not pose a security risk. The City reserves the right to reject any temporary worker at its sole discretion.
Timeline:
The following defines the estimated timeline for the selection of a Vendor. However, the City reserves the right to modify or reschedule procurement milestones as necessary.
Activity Date
Release of Request for Proposal March 17, 2023
Mandatory Pre-Bid Meeting March 31, 2023
Vendor Questions Final Submittal April 7, 2023
Vendor Questions – Answers Returned and Posted April 14, 2023 Proposals Due April 21, 2023
Mandatory Pre-Bid Meeting:
Date: Friday, March 31, 2023
Start Time: 10:00 AM Pacific Standard Time
Address:
Anaheim Convention Center
800 W. Katella Avenue
Anaheim, CA 92802
Meeting Location: In Front of Guest Services. See Appendix VIII: Pre-Bid Conference Map and Directions for parking instructions and directions to Guest Services. Parking is located in the Hilton Anaheim/Anaheim Convention Center Carpark 2 parking structure.
Please bring your parking coupon with you to the meeting for validation.
Representative of Firm MUST attend the Mandatory Pre-Bid Meeting in order to submit a proposal.
5 1.04 General Provisions
The following is a list of provisions that the Agencies must be able to address and comply in potentially providing the City of Anaheim with temporary agency services:
• The City makes no commitment to guarantee as to the number of times personnel will be requested from the Agency or the number of hours. Assignments will be handled separately.
• The City reserves the right to recruit and employ part-time or temporary employees for use by the City in addition to the use of Agency employees.
• Should any personnel, after being placed by the selected Agency within a City position and subsequently obtain employment, the City will not pay any placement fee thereof.
• Prior to the employees starting work, the City reserves the right to test their abilities and competencies. Time used for this purpose is not to be charged to the City.
• The City will not be charged for the candidate’s time if within four (4) hours of employment, the candidate proves unqualified in the judgment of the City.
• Personnel furnished by the Agency shall be subject to all rules and regulations governing the conduct of City employees. In the event any personnel placed by the Agency must be released from duty for any reason, the Agency w ill be given a chance to replace them immediately with qualified personnel.
• The City i s an Equal Employment Opportunity Employer. Consideration of the City’s Equal Employment Opportunity philosophy shall be given when personnel are placed by your agency.
• All personnel placed by the Agency remain Agency employees and do not receive any benefits from the City (e.g., workers compensation, holidays, vacation, sick, etc.) The agency must conform with the provisions of the Immigration Reform and Control Act ( IRCA) of 1986 (Public Law 99- 603) by verifying the employment eligibility of all persons referred to the City.
• All employees placed by the Agency shall be paid at the agreed employee rate and shall have all required deductions withheld by the Agency.
• The billing for service by the Agency shall include the name of the temporary employee, the hourly rate paid to the temporary employee and the total hourly rate paid to the Agency. Billing shall reflect total hours worked and billed by temporary employee as well as proper supporting documentation. Remittance by the City shall constitute full payment. Billing shall be for a minimum two (2) week period and payment by City is Net 30 after final review and approval.
• Agency shall provide the City with an hours worked report for all personnel placed by the Agency after each payroll period ( weekly, bi-weekly, semi-monthly, or monthly) and upon request. In addition, the Agency must notify the City when a temporary worker has reached 800 hours.
• The City reserves the right to conduct reference checks. Failure to provide the required reference information will eliminate the Agency from consideration.
6 • All requests for Agency services must be confirmed as being filled by Agency to City no later than seventy-two (72) hours prior to the respective requested start date/time.
• Any items issued by City to Agency employees shall be returned upon completion of assignment and the cost of any items not properly returned shall be the responsibility of Agency to provide reimbursement for replacement cost.
• Agency and personnel must abide by all ACC policies and procedures including but not limited to uniform, dress code and workplace conduct. Any failure to meet City policies or procedures will be subject to immediately removal from the workplace without reinstatement.
1.05 Certificate of Insurance/Indemnity Clause
The Agreement between Anaheim and the successful Proposer will contain Anaheim’s standard insurance provisions for Agreements of this type. This language is set forth in Section 3.01.
The Agreement between Anaheim and the successful Proposer will contain Anaheim’s stand ard indemnification provisions for Agreements of this type. This language is set forth in Appendix III.
1.06 Non-Collusion Clause
The Contractor agrees to sign a non-collusion affidavit to be executed by the bidder and submitted with the bid. The non-collusion affidavit will be included as part of the bid documents. See Appendix IV.
1.07 Questions and Communications
All questions, concerns or comments regarding this RFP may only be submitted through the vendor portal (http://anaheim.net/vendorportal). Please find the RFP by searching “560 -3-17-2023-Temporary-Agency- Services” in the vendor portal . Answers to such inquiries, as well as any revisions to the request for proposal, will be publicly posted on the vendor portal in the form of an addendum.
The City’s policy is to provide fair and open competition and to ensure that accurate and complete information is communicated to all interested parties. Therefore, any verbal or written communications between any Proposer or its representatives, agents or others acting on their behalf, and any other City employee, consultan t, commission member, or elected official regarding this procurement are strictly prohibited from the time the RFP is issued until the date of execution of the contract. Any violation of the communication process set forth in this section may be grounds fo r disqualification of the offending firm from participation in this procurement.
1.08 City’s Requirement for Business License
During the term of the Agreement, the Contractor shall obtain and keep in full force and effect, all business licenses required by the City. For additional information regarding the applicability of the City’s business licenses, contact the Business License Division at (714) 765-5194.
2.01 Evaluation Factors for Award
Evaluation of proposals will be based on a fair, impartial, and competitive selection process in which the evaluation of proposals will not be limited to price alone. Proven expertise in portfolio management will be the primary consideration in the selection process.
7 Vendors must also have experience with providing personnel to a public assembly facility and have the ability to provide a minimum of ten (10) individuals for any single shift request and the ability to provide this same minimum for consecutive/multiple shift requests.
The City reserves the right to select a vendor based solely on the information submitted in the proposal and to make a contract award without any further discussion with the Vendors regarding the responses received.
Therefore, responses should be submitted initially on the most favorable terms available to the City from a price, contractual terms, and conditions.
The City also reserves the right to conduct discussions with Vendors who submit proposals.
The City reserves the right to award a single Professional Service Agreement (PSA) or multiple PSAs to selected firms.
Proposals shall be consistently evaluated based on a competitive selection criteria.
Notification. Any firm or firms submitting proposals judged as being "most qualified" by the selection committee may be contacted and asked to provide additional information to supplement their initial proposal. Selected firms will have the opportunity to enter into a PSA with the City. A sample copy of the PSA is attached as Appendix VII. The PSA is valid for three (3) years with an option to renew for two (2) additional years at the City’s discretion. Any PSA issued as a result of this solicitation shall be for the period of time from date of execution until June 30, 2026.
2.02 RFP Deadline
Please submit the final response/proposal in the format specified in Section 2.03 by 4:00 P.M. Pacific Standard Time, on Friday, April 21, 2023.
Proposals received after the required time and date specified will be considered late and non-responsive and will not be evaluated for award.
Proposals that are incomplete or non-responsive may not be considered during the evaluation process.
All questions regarding this RFP must be submitted through the vendor portal noted above and must be submitted no later than Friday, April 7, 202 3 by 4:00 P.M. Pacific Standard Time. Answers, if any, prepared by the City will be posted on the vendor portal via an addendum.
2.03 Submission of Proposal
Please submit the final response/proposal, electronically by 4:00 P.M. Pacific Standard Time, on Friday, April 21, 2023, via the Department’s vendor portal website, located at http://anaheim.net/vendorportal
560-3-17-2023-Temporary-Agency-Services. Appendix V Fees must be completed and attached as the first page of the electronic proposal.
Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.
Proposal Response Format. In order to assist in the fair and equitable evaluation of all responses, Vendors are being asked to adhere to the specific response format set forth below. Responses that deviate from the requested format may be classified as “non-responsive” at the discretion of the City and may be subject to disqualification. Marketing information will not be accepted in lieu of direct response to all requirements and questions.
8 Proposals should be organized in a bookmarked PDF document that includes the following sections and content:
Section Description
1. Executive Summary A letter of introduction signed by an authorized representative of the Firm that provides an executive summary of the Firm’s experience relevant to the scope of work described in this RFP. Limit to 2 pages.
2. Experience Explain your organization’s capability to achieve the objectives of this project with reference to prior experience, available resources, and the qualifications of your project team (max 1 page).
3. Firm Background Describe the organization, date founded and ownership of your firm. Specify the number of years your organization has been providing temporary staffing services.
Certificates of Insurance will be due prior to award.
4. Personnel
1) Identify the number of staff employed by your firm that will support this agreement.
2) Please describe your proposed project team, including role they will play, title and years at firm. Include relevant work experience for each member.
3) Identify key personnel responsible for accomplishing all phases of the contract.
5. Reporting 1) Describe the frequency and format of reports you would provide to City staff. Please attach sample reports.
6. Fees All information regarding fees must be submitted in a separate attachment. No mention of fees is to be made in the body of the proposal. 1) Interested Agencies must complete all applicable sections in Appendix V. Appendix V must be the first page of the electronic proposal.
6. References Using the forms provided in Appendix VI provide five public sector customer references that are similar in size and project scope to the City. 2) Note: Vendors selected to advance in the RFP process may be required to submit a list of all California Public Sector Customers.
7. Contract Performance 1) Indicate if at any time during the past five years Vendor has had a contract terminated for convenience, non-performance, or any other reason, or has entered into legal action with a customer. Describe the situation(s) including name and address of contracting party and circumstances.
8. RFP Exceptions Specifically identify exceptions to this RFP.
– End of Proposal Format Section –
9 3.01 City of Anaheim General Conditions: Requests for Proposals
ACCEPTANCE PERIOD Unless otherwise specified herein, proposals are firm for a period of ninety (90) days.
ADDENDA ACKNOWLEDGMENT Each proposal shall include specific acknowledgment of receipt of all addenda issued during the solicitation period. Failure to so acknowledge may result in the proposal being rejected as not responsive. In electronic proposals, such acknowledgement is done online; in paper proposals, there is a space on the signature page for such acknowledgement.
AFFIRMATIVE ACTION AND NON- DISCRIMINATION If the total price exceeds $50,000, the successful bidder must certify prior to award that they have a written affirmative action program and that they comply with all federal, state, and municipal laws and regulations pertaining to affirmative action and non-discrimination. This certification may be made on the Special Provisions form provided.
ASSIGNMENT OF RIGHTS OR OBLIGATIONS Except as noted hereunder, the successful Proposer may not assign, transfer or sell any rights or obligations resulting from this solicitation without first obtaining the specific written consent of the City.
AUTHORIZED SIGNATURES Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City of Anaheim, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer.
AWARD OF PROPOSAL An evaluation committee will be established by the City. The committee will evaluate all proposals received in accordance with the selection criteria. The criteria are not listed in any order of preference. Award will be made to the Proposer offering the most advantageous proposal after consideration of all selection criteria set forth herein.
The evaluation committee reserves the right to contact and evaluate the Proposer's and (if applicable) subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City after all factors have been evaluated.
Oral interviews may, at the City's sole option, be conducted with responsible Proposers who submit proposals determined to be most likely to best meet the needs of the City. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.
Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. Unless otherwise indicated, revisions may be permitted after submissions and before award for obtaining best and final proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.
A notification of intent to award may be sent to any Proposer selected. Award is contingent upon the successful negotiation of final contract terms and the approval of the Anaheim City Council. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached.
If contract negotiations cannot be concluded successfully, the City may negotiate a contract with another Proposer or withdraw the RFP. In the event the City Counci l does not approve the recommendation to award, the RFP may be cancelled without any cost or obligation of the City.
10 ADDITION/DELETION OF SERVICES The City of Anaheim reserves the right to add and/or delete services to be provided for in the contract. Should a service requirement be deleted, payment to the Successful Proposer will be reduced proportionally, to the amount of service reduced in accor dance with the bid price. Should additional services be required from this contract, prices for such additions shall be in accordance with this Request for Proposal and Proposer’s response thereto.
AWARD SELECTION PROCESS Selection of qualified Proposers will generally be based on the quality and completeness of submitted proposal; understanding of project objectives; project approach; product offering; experience and expertise; references; costs; and any other criteria identified in the specific RFP.
Additional questions may be asked of Proposers and interviews may be conducted. Proposers will be notified of any additional required information or interviews after the written proposals have been evaluated. Interviews will be held only with the most qualified respondents. The recommended proposals and resulting Agreement will require approval by the City Council for award. The Proposer selected will enter into a written contract with the City.
BUSINESS LICENSES Any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Anaheim, must secure a business license.
City law states that no person shall engage in business or transact and carry on a business, trade, profession, calling or occupation without first having procured a license from the City to do so, or without complying with any and all applicable provisions of Title 3 of the City Ordinance relating to business license. A City of Anaheim business license is not required for submitting a proposal, but must be obtained when awarded a contract, prior to commencing services or selling merchandise to the City.
CANCELLATION OF SOLICITATION The City may cancel this solicitation at any time, without obligation.
COMPLIANCE WITH LAWS The Contractor shall adhere to all applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, FED-OSHA, EPA, the California State Department of Health Services, and City of Anahe im regulations. Contractor shall conform to the Immigration Reform and Control Act of 1986, as amended, including, but not limited to, the verification of the employment eligibility of Contractor’s employees working in the City, and the Workers Compensation laws of the State of California.
CONTRACT DOCUMENTS, EXAMINATION OF It is the responsibility of the Proposer to thoroughly examine and be familiar with legal and procedural documents, general conditions, all forms, specifications, scope of work, draw ings, plans, and addenda (if any), hereinafter referred to as Contract Documents.
Proposer shall satisfy himself as to the nature, quantity, and quality of work to be performed and materials, labor, supervision, equipment and permits necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve him/her from any obligations with respect to the solicitation or contract. The submission of a proposal shall constitute an acknowledgment upon which the City of Anaheim may rely that the Proposer has thoroughly examined and is familiar with the contract documents. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
DEFINITION OF TERMS For the purposes of this RFP, the following definitions will be used:
Contractor - Same as Proposer, may be used interchangeably with "Supplier," “Bidder,” or "Vendor." Evaluation Committee -. A committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.
May - Indicates something that is not mandatory but permissible.
Must/Shall - Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement will be deemed non-responsive and may not be considered for award. 11 Proposer - The person or firm making the offer. May be used interchangeably with the word “Bidder.” Proposal - The offer presented by the Proposer.
RFP -. Acronym for Request for Proposals.
Should - Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal.
Submission Deadline - The date and time on or before which all proposals must be submitted.
Successful Proposer - The person, contractor, or firm to whom the award is made.
DISQUALIFICATION OF PROPOSER If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the sam e work unless alternate proposals are called for. Reasonable ground for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. A pers on, firm, or corporation who has submitted a sub- Proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-Proposal or quoting prices to other Proposers. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided herein.
DOCUMENTS TO BE RETURNED WITH PROPOSAL Failure to completely execute and submit the required documents before the Submission Deadline may render a proposal non -responsive. The documents that must be returned by the Submission Deadline are indicated on the specific Request for Proposal Documents.
EXECUTION OF CONTRACT Time is of the essence for this contract. The Successful Proposer will be expected to execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) days after notification of award.
One copy of the contract will be returned to the Contractor after the City of Anaheim executes the contract.
In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the City of Anaheim may, at its option, consider that the Proposer has abandoned the contract.
After the contract has been executed, including the insurance documents, certificates, and any applicable bonds, notice to proceed will be issued. Unless otherwise specified, Proposer agrees to commence work within ten (10) working days after the date of the noti ce to proceed and fully complete the project within the time specified in the contract.
FIRM PRICE PERIOD Unless specified otherwise herein, Proposers’ offer shall remain valid and firm for a period of not less than ninety (90) calendar days from the Submission Deadline.
INDEMNIFICATION See Appendix III for specific requirments.
INDEPENDENT CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covena nts that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City of Anaheim. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City of Anaheim.
INFORMED PROPOSER Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals. Failure to do so will be at Proposers’ own risk and they cannot secure relief on the plea of error.
12 INK OR TYPEWRITTEN For proposals submitted in hard copy (paper) format, all information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the proposal.
INSURANCE REQUIREMENTS Within ten (10) consecutive calendar days of award of contract, Successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in the specifications and naming the City of Anaheim, its officers and agents, Additional Insured by endorsement. Failure to furnish the required certificates within the time allowed may result breach of the contract. See Appendix II for specific requirments.
INTERPRETATION OF CONTRACT DOCUMENTS; ADDENDA If any person is in doubt as to the true meaning of any part of the specifications or other contract documents, or finds discrepancies or omissions in the specifications, they may submit to the City of Anaheim a written request for an interpretation or correction. Requests for interpretations shall be made in writing and delivered to the City of Anaheim by email, or facsimile to the person identified herein at least ten (10) d ays before the Submission Deadline, unless a different date is stated in the specific RFP. The requesting party is responsible for prompt delivery of any requests. When the City of Anaheim considers interpretations necessary, interpretations will be in the form of a written addendum to the contract documents, which will be e-mailed to all parties recorded by the City of Anaheim as having received contract documents, or posted on the City's website at
http://www.anaheim.net/vendorportal for all Proposers to reference. All such addenda shall become a part of the contract. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the responsibility of each Proposer to ensure the City of Anaheim has their correct business name, address, phone number, and e-mail on file. Any prospective Proposer who obtained a set of contract documents from anyone other than the City of Anaheim is responsible for verifying the accuracy and completeness of the documents, and for registering as a Prospective Bidder with the City of Anaheim, in order to receive subsequent Addenda.
MINORITY OWNED BUSINESSES The City of Anaheim encourages minority -owned business firms to submit proposals. Opportunity to identify your firm is contained within the Special Provisions forms.
NOMENCLATURES The terms Successful Proposer, Successful Contractor, Contractor, Supplier and/or Vendor may be used interchangeably in these specifications and docu ments and shall refer exclusively to the firm with whom the City enters into a contract because of this solicitation.
NONDISCLOSURE Until such time that the City Council awards the contract, the Proposer agrees that its proposal shall not be made available to any individual or organization without the prior written approval of the City of Anaheim. The master copy of each proposal shall be retained for official files and will become public record after the award of a contract, unless the City of Anaheim de termines, in its sole discretion, that the proposal or specific parts of the proposal are exempt from disclosure under California law.
NON-COLLUSION AFFIDAVIT Proposers are required to submit a Non-Collusion Affidavit with their Proposals. See enclosed Affidavit.
OFFERS OF MORE THAN ONE PRICE Unless otherwise specified within these RFP documents, Proposers are not allowed to submit more than one proposal.
OPENING OF PROPOSALS The City of Anaheim reserves the right to postpone the Submission Deadline and opening of proposals any time before the date and time announced in the Request for Proposals or subsequent addenda.
13 PRE-PROPOSAL CONFERENCE When applicable, a pre -proposal conference may be scheduled to allow Proposer’s to view the jobsite and/or ask questions concerning the specifications or proposal content.
If a pre -proposal conference is to be held, the date, time, and location will be i ndicated on the RFP documents, and the conference will be designated to be either optional or mandatory. Proposals will not be considered from suppliers who failed to attend a mandatory pre-proposal conference.
PRICES All Proposals shall give the prices proposed, and all other information requested herein, and shall be signed by the Proposer’s authorized representative. Proposal prices shall include everything necessary for the completion and fulfillment of the contract in accordance with the contract documents, except as may be provided otherwise in the contract documents. Any items shown on the plans or details or described in the specifications that are not specifically listed in the proposal item are to be considered included in the proposal item and no additional or special compensation will be allowed. In the event that there is more than one proposal item in the proposal schedule, the Proposer shall furnish a price for all proposal items in the schedule, and failure to do so may render the proposa l as non-responsive and may cause its rejection.
The total amount of the proposal will be the sum of the total prices of all items in the proposal schedule.
The total price of unit price items will be the product of the unit price and estimated quantity of the item.
In case of discrepancy between the unit price and total price of an item, the unit price shall prevail. If the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item.
PROPOSAL CONTENT Proposer must describe in detail how theywill meet the requirements of this RFP, and may provide additional related information with his proposal. The proposal must be presented in a format that corresponds to, and references, the sections outlined in the Specification or Scope of Work, and must be presented in the same order. Responses to each section and subsection should be labeled to indicate which item is b eing addressed. Proposals should be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providin g a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the proposal indicating where the supplemental information can be found.
Proposals must include all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements (if applicable), and the Proposer’s standard contract language.
PROPOSAL COSTS The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.
PROPOSAL DEADLINE Proposals may be submitted any time before the Submission Deadline.
Proposals that do not arrive by the Submission Deadline will be late and will not be considered. Paper proposals delivered before the Submission Deadline but to the wrong City office will be considered non- responsive unless re- delivery is made to the office specified before the Submission Deadline. It is the responsibility of Proposers to allow suffic ient time for their proposals to be received by the Purchasing Office before the Submission Deadline. The City will not be held responsible for paper proposals mishandled as a result of the envelope not being properly labeled and delivered, or in the case of an electronic submission, for failure of a Proposer to allow adequate time to fully upload their electronic submission before the Submission Deadline.
PROPOSAL FORMS Proposals must be submitted on the forms supplied, or in the format requested, by the Purchasing Division. If the proposal is submitted in paper format, one original and the requested number 14 of copies must be submitted on or before the Submission Deadline. Proposers shall submit one (1) original proposal marked “MASTER” and the requested number of identical copies, clearly marked "COPY".
Envelopes containing the original and the copies should be marked in accordance with the directions found elsewhere in these instructions. If discrepancies are found between the copies, or between the original and any copies, the original "MASTER" will provide the basis for resolving such discrepancies. If one document is not clearly marked “MASTER", the City reserves the right to use the original as the Master.
If no document can be identified as an orig inal, bearing original signatures, Proposer's proposal may be rejected at the discretion of the City. For proposals submitted electronically, all required forms must be uploaded in the area provided in the vendor portal.
PROPOSAL MODIFICATIONS Any Proposer who wishes to make modifications to a proposal already received by the City of Anaheim must withdraw their proposal in order to make the modifications.
Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Proposal). For proposals submitted in paper form, all modifications must be made in ink, properly initialed by Proposer’s authorized representative, executed, and resubmitted in accordance with the terms and conditions of this solicitation. Electronic submissions may be withdrawn and resubmitted online. It is the responsibility of the Proposer to ensure that modified or withdrawn proposals are resubmitted before the Submission Deadline.
PROPOSAL OPENING AND RESULTS Only the names of the Proposers submitting proposals will be posted after opening. After an award is made, proposals received will become public record and made available upon request to the City Clerk.
PROPOSER IS SOLE POINT OF CONTACT The Successful Proposer will be the sole point of contact for any resulting contract. The City will look solely to the Successful Proposer for the performance of all contractual obligations that may result from an award based on this RFP, and the awarded Proposer shall not be relieved for the non-performance of any or all subcontractors.
PROPOSER'S BACKGROUND Proposer must provide a company profile. Information required is shown on the enclosed Request for Proposal. If so requested, Proposer must include in their proposal a complete discl osure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or conte ntious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
PROPOSER'S REFERENCES Proposers may be required to provide references from similar projects performed for any other clients. Information required is shown on the enclosed Request for Proposal.
QUALIFICATION OF PROPOSERS Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract. The Proposer's experience shall be set forth and submitted in the Pr oposal. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience, ability, sufficient capital, facilities, and resources to enable the Proposer to perform the work successfully and properly, and to complete it within the time specified in the contract. To determine the qualifications of the Proposer, the City will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magn itude and comparable difficulty and comparable rates of progress. In selecting the Successful Proposer, consideration will be given not only to the financial standing but also to the general competency of the Proposer for the performance of the work covered and/or specified in the contract documents.
QUESTIONS AND COMMENTS Questions and comments regarding this solicitation must be submitted 15 electronically through the vendor portal no later than ten (10) days before the Submission Deadline, unless a different date is stated in the specific RFP. The questioner's company name, phone, email address, and contact person must be included with the questions or comments. Answers made by the City will be posted electronically in the vendor portal. Attempting to obtain information from anyone other than the named point of contact for this RFP is strictly prohibited. Communications about this RFP with other City staff or elected officials, or other efforts to influence the outcome of the RFP process may result in disqualification or rejection of the offending company’s proposal.
REJECTION OF PROPOSALS, WAIVER OF INFORMALITIES The City reserves the right to reject any or all proposals, or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other client. The City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses, or other monies due the City of Anaheim.
SIGNATURES An individual who is authorized to bind the Proposer must sign the proposal.
SPECIAL PROVISIONS ATTACHMENT The special provisions attachment contains requirements that are hereby incorporated into this request for proposal and will become binding contract documents. Please enclose the signed special provisions form and any affidavits, bonds or other required documents with your proposal.
SPECIFICATIONS, DEFINITION The term "specification" as used in this solicitation shall be interpreted to mean all the pages that make up this solicitation, including but not limited to; the Request For Proposals, Instructions To Proposers, Scope of Work, Proposal form(s), Special P rovisions, and Insurance Certificates.
SUBMISSION METHOD The City issues and receives most solicitations electronically through the Bid Management Vendor Portal. However, in the event paper proposals are requested, such proposals must be submitted in seal ed envelopes and should be properly identified with the Proposal number and the Submission Deadline. Telephone, facsimile, or late Proposals will not be accepted or considered.
TAXES Successful Proposer shall pay all federal, state and taxes, levies, d uties and assessments of every nature due in connection with any work under the contract and shall indemnify and hold harmless the City of Anaheim from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Proposal prices shall include allowance for said taxes.
TERMS OF THE OFFER The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, the awarded Proposer’s proposal, and all modifications and clarifications that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s proposal, and the awarded Proposer’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.
WITHDRAWAL OF PROPOSAL Proposers’ authorized representative may withdraw Proposals only before the Proposal Submission Deadline. After that time, Proposers may not withdraw their Proposals for a period of ninety (90) days from the date of opening, unless a different time limit is identified in the specifications of this solicitation. At no time may the successful Proposer withdraw his Proposal.
End of General Conditions
16 Appendix I – Class Specifications
17 18
19 Appendix II – Standard Insurance Language
Note: The following represents ANAHEIM’S standard language for the insurance provisions in its professional services contracts. With few exceptions, the language in the final Agreement will be as shown here. If a proposer has any specific concerns regarding any of the ANAHEIM’s insurance language or requirements, which would render the proposer unable or unwilling to e nter into an Agreement with the City, the proposer shall identify these concerns in its proposal . Deviations from the ANAHEIM’S standard language may be considered by the City in its evaluation of the responsiveness of a proposal.
INSURANCE
Without limiting ANAHEIM’S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence/accident/illness/injury.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Independent CONSULTANT’S Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Commercial Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.
Professional Liability Insurance, in an amount not less than $2,000,000 per occurrence or per claim. Such insurance shall be written on a primary basis, but may include a deductible or self-insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
Any required coverage written with primary and excess layers to satisfy the minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.
CONSULTANT agrees that this insurance shall not be voluntarily cancelled by CONSULTANT, or limited in scope or coverage by CONSULTANT, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non-payment of premium, which requires notice of not less than ten (10) days. 20 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”
“The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A.
M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) that become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;
Terminate this Agreement.
21 Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’S failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed in any way as limiting the extent that an CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’S, (or CONSULTANT’S AGENT or SUB-AGENT, if any) performance of the work covered under this Agreement.
In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services— such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.
ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such reduction is in ANAHEIM’S best interest.
22 Appendix III – Standard Indemnification Provision
The following represents the City’s standard language for the indemnification, defense and hold harmless provisions in its contracts. With very few exceptions, the language in the final Agreement will be as shown here. If a proposer has any specific concerns regarding any of the City’s indemnification language that would render the proposer unable or unwilling to enter into an Agreement with the City, proposer shall identify these concerns in the proposal. Deviations from the City’s standard language may be considered by City in its evaluation of the responsiveness of a proposal.
[Note: Proposer should also be aware it is the City’s practice not to enter into Agreements that contain restrictive limitation of liability language or provisions. This includes language and provisions seeking to limit or restrict liability based on cost of services performed or goods provided.]
INDEMNIFICATION
INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, arising out of the negligent acts, errors or omissions of the CONSULTANT or any SUB-AGENT in the performance of professional services under this Agreement, except those matters arising out of the sole negligence or willful misconduct of ANAHEIM.
As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB-AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
23 Appendix IV – Non-Collusion Affidavit
Note: To be executed by Proposer and submitted with proposal. STATE OF CALIFORNIA County of _________________________ ______________________ , being first duly sworn deposes and says that he/she is __________________________ of ______ , the party making the foregoing bid that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly coll uded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative there to, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in the general business.
By __________________________
Subscribed and sworn to before me this
day of , 20
24 Appendix V: Fees
Classification Pay Rate to Worker Range Billing Rate Range Most Recent
90 Day
Fulfillment
Number
Provided
Current
Active and
Available
Staff for This
Classification
Cleaner/Set
Up Worker
$ To $ $ To $
25 Appendix VI: References
Client Reference No. 1
Item Vendor Response
Name
Population
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Portfolio Size
Business Initiation Date
Rationale for Inclusion as a Reference
Client Reference No. 2
Item Vendor Response
Name
Population
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Portfolio Size
Business Initiation Date
Rationale for Inclusion as a Reference
Client Reference No. 3
Item Vendor Response
Name
Population
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Portfolio Size
Business Initiation Date
Rationale for Inclusion as a Reference
26 Appendix V: Reference (Continued)
Client Reference No. 4
Item Vendor Response
Name
Population
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Portfolio Size
Business Initiation Date
Rationale for Inclusion as a Reference
Client Reference No. 5
Item Vendor Response
Name
Population
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Portfolio Size
Business Initiation Date
Rationale for Inclusion as a Reference
27 Appendix VII: Sample Professional Services Agreement (PSA)
(PSA Begins on the Following Page)
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
Appendix VIII: Pre-Bid Conference Map and Directions
ppendix V: Fees
Classification
Pay Rate to Worker
Range
Billing Rate Range
Most
Recent 90
Day
Fulfillment
Number
Provided
Current
Active and
Available
Staff for
This
Classification
Cleaner/Set
Up Worker
$17 To $18.04 $25.50 To $27.02 1,440 shifts
filled in the
last 90 days
591 on our
active roster
Exhibit B
Request for Proposal
Temporary Agency Services (Event Set-Up Worker) #560-3-17-2023
Anaheim Convention
Center
800 W. Katella Ave.
Anaheim, California 92802
PRESENTED BY:
www.CloudPersonnelLLC.com
Patrick Allen (CEO) - [email protected]
Ben Norton (VP of Operations & Sales) - [email protected] Nicole Madrid (Director of Hospitality) - [email protected]
Table of Contents
1. Executive Summary A letter of introduction signed by an authorized representative of the Firm that
provides an executive summary of the Firm’s experience relevant to the scope of work described in this RFP. Limit to 2 pages.
2. Experience Explain your organization’s capability to achieve the objectives of this project with reference to prior experience, available resources, and the qualifications of
your project team (max 1 page).
3. Firm Background Describe the organization, date founded and ownership of your firm.
Specify the number of years your organization has been providing temporary staffing services.
Certificates of Insurance will be due prior to award.
4. Personnel 1) Identify the number of staff employed by your firm that will support this agreement.
2) Please describe your proposed project team, including role they will play, title and years at firm. Include relevant work experience for each member.
3) Identify key personnel responsible for accomplishing all phases of the contract.
5. Reporting 1) Describe the frequency and format of reports you would provide to City staff. Please attach sample reports.
6. Fees All information regarding fees must be submitted in a separate attachment.
No mention of fees is to be made in the body of the proposal. 1) Interested Agencies must complete all applicable sections in Appendix
V. Appendix V must be the first page of the electronic proposal.
6. References Using the forms provided in Appendix VI provide five public sector customer references that are similar in size and project scope to the City. 2) Note: Vendors selected to advance in the RFP process may be required to submit a list of all California Public Sector Customers.
7. Contract
Performance
1) Indicate if at any time during the past five years Vendor has had a contract terminated for convenience, non-performance, or any other reason, or has entered into legal action with a customer.
Describe the situation(s) including name and address of contracting party and
circumstances.
8. RFP Exceptions Specifically identify exceptions to this RFP.
I. Executive Summary
MISSION STATEMENT
Connect great companies with great employees.
At CloudPersonnel excellence is our goal, honesty is our commitment, and trust is our promise.
We treat our workforce with respect, empathy, and the consideration they deserve. Our strategic business partners receive our commitment to results, honest communication, and ethical behavior.
Cloudpersonnel Long Beach is one of LA’s top event agencies.
We have served Los Angeles, Orange County, Long Beach, Riverside, Ontario and the South Bay for over 10 years. Founded in 2016 under the name of 1st Class Event Services, our services include recruiting, payroll, and workers’ compensation. We employee 600-800 associates, support 30+ clients, and have $25+ million in annual revenue.
Our Long Beach branch specializes in hospitality and events. We staff for housepersons, housekeeping, event set up, front of the house staff and back of the house staff for convention centers, stadiums, hotels, golf courses/country clubs and restaurants.
CloudPersonnel stays in constant communication with our client partners so that recruiting activity can be ramped up depending on client needs and/or seasonality.
In preparation for peak seasons, we will do the following:
Job fairs
Distribute flyers in high levels of trafficked areas
Increase budgets for social media advertising
Increase budgets for job boards
Hire additional recruiters/on-sites
Referral and retention bonuses as needed
CloudPersonnel tailors the hiring process to the client’s requirements, current labor supply, and demand. We utilize a combination of job boards, social media advertisements, Google campaigns, print advertising, flyers, unique hiring events, referral programs and job fairs to obtain applicants.
We place our job ads strategically and market heavily in the appropriate markets to increase the number of applicants. Our Long Beach office Indeed analytics for 2022 had 771,379 Impressions (Visibility on Indeed) 91,373 (Clicks on our ads) and 16,479 applicants.
We have a dedicated team member to answer calls/requests 24/7 for clients and staff. We offer a complimentary onsite representative for check-ins for 20 plus staff members.
It is Cloudpersonnel’s expectation for employees to conduct themselves in a professional and respectful manner and in compliance with our policies and procedures.
Cloudpersonnel utilizes real time scheduling and publishing of events using Staffmate software to contact and publish shifts as soon as they are requested by clients. Our staff roster includes 652 event on call employees from Los Angeles to Orange County. We pride ourselves on our team and staff members. We have approximately 100 staff members that have been with us for over 5 years and 25 Commented [BN1]: @Nicole Madrid Is this supposed to be here or is a description sentence missing?
Commented [GU2R1]: I fixed this- It was my brainstorm.
Commented [GU3]: Can we please add more to Patrick and
your history?
Thanks
staff members that have worked with us for 10 years. Our team members enjoy working with us because they are able to contact us 24/7, we offer a variety of jobs on our scheduling platform, and we pay weekly.
CloudPersonnel has a dedicated safety team within our organization. All of our recruiters and in- house staff members/managers/directors have safety training each week.
CloudPersonnel utilizes a Cal OSHA (Occupational Safety and Health Administration) compliant Injury and Illness Prevention Plan and provides general safe work practices and reporting procedures.
CloudPersonnel has the flexibility to tailor its onboarding process and safety incentives to include client specific requirements as needed.
CloudPersonnel appreciates and values its team members and shows it by offering:
Employee appreciation events (breakfasts, lunches, dinners) Associate Referral bonuses $50-$100
Gift Cards and Raffles
Variety of positions
Great clients to work with
Opportunities for advancement
Medical, Dental, Vision, Life Insurance to eligible employees
In conclusion, CloudPersonnel was started with the goal of increasing customer service by utilizing additional recruiting resources. While working as CFO of a multi-state staffing firm, Patrick Allen, founder, identified this issue as generally lacking from traditional light-industrial and hospitality staffing companies in California. In addition to its office locations and 20+ internal recruiters, CloudPersonnel enlists cloud recruiters in Mexico and other foreign countries to assist in the recruiting process. The results of these efforts are more qualified associates to your worksite, which was identified as the #1 service criteria by our clients. At CloudPersonnel we pride ourselves on being able to scale up head count quickly to meet customer demands. If you are having trouble finding qualified associates, then try the CloudPersonnel difference this year.
Thank you for your time and consideration,
Nicole Madrid
Nicole Madrid
Director of Hospitality
II. EXPERIENCE
Patrick Allen (CEO/Owner) – Has over 20 years of professional experience, specializing in accounting and finance. He is a CPA and has held numerous positions, including CFO of a multi-state staffing agency, prior to becoming CEO/Owner of CloudPersonnel.
Ben Norton (VP of Operations & Sales) – 15+ years of business-to-business service experience, prior military. Expertise leading and managing operations across multiple industries and geographical locations.
Nicole Madrid
Director of Hospitality
20 years’ experience in hospitality at large corporate restaurants in Southern California, large scale events in Northern and Southern California and Las Vegas.
10 years of experience in staffing for Event Operations and management of events with the LA Rams and LA Chargers at Sofi for all games and Superbowl LVI, USC Football at the Los Angeles Coliseum, Angels, LAFC, Angel City, Honda Center as well as Long Beach Convention Center and the Long Beach Grand Prix (10 years of directing the VIP areas), Summi t of Americas at the Getty for President Biden, oversee all staffing for the event/culinary for Trump National Golf Course.
Coach and Counsel team members, onboarding, benefits administration, recruiting monthly, posting ads, analytics of Google, Instagram, Facebook and Indeed.
Professional and consistent contact with all levels of management at stadiums in the Los Angeles and Orange County including Dodger Stadium, Crypto Arena, Dignity Health, Los Angeles Convention Center, Anaheim Convention Center as well as properties in Arizona, New York, Las Vegas, and Florida with a three thousand person following on Linkedin.
Familiar with labor laws, workers compensation claims, benefits, oversee payroll operations, and billing.
V. REPORTING AND INVOICING
CloudPersonnel has partnered with Staffmate for scheduling of all associates and Temps Plus.
All reports are customizable and can be altered upon request. With an active internet connection to the timeclock, all data can be accessed in real time for daily, weekly, and monthly reporting, including reports for fill rate, attendance, and turnover.
We send a sign in sheet for all shifts booked with Cloudpersonnel prior to the staff working. We can also have staff clock in using their cell phone using the Convention Centers geocoordinates. The staff will clock in at the reported location you designate.
Our standard payroll process is to send hours for client approval on Monday of each week. Once the hours are approved and processed, an invoice for the previous week’s services will be submitted.
Invoices are customizable to client specifications.
Commented [BN4]: @nicole Staffmate can provide this?
Temps plus cannot.
Commented [GU5R4]: Yes
Please see the below sample of a report for a current client:
Invoice Number: 2046275
Invoice Date: 4/19/2023
CloudPersonnel
Cloud Personnel LLC
1165 E. San Antonio Drive #D
Long Beach, CA 90807 (951) 346-4899
Terms: Net 30 Days From Date of Invoice
Bill To:
Customer Number:
Page #:
PO #:
Work Site:
100 1
Date Description
Hours
Bill
Rate
Amount
04/14/2023 Smith, John 8.000 Reg
04/14/2023 Doe, Jane 4.000 OT
04/14/2023 Smith, John 0.500 DT
04/14/2023 Doe, Jane 8.000 Reg
04/14/2023 Smith, John 4.000 OT
04/14/2023 Doe, Jane 0.250 DT
04/14/2023 Smith, John 8.000 Reg
04/14/2023 Smith, John 3.430 OT
04/14/2023 Doe, Jane 8.000 Reg
04/14/2023 Doe, Jane 4.000 OT
04/14/2023 Smith, John 1.750 DT
04/14/2023 Smith, John 8.000 Reg
04/14/2023 Doe, Jane 4.000 OT
04/14/2023 Doe, Jane 8.000 Reg
04/14/2023 Smith, John 1.430 OT
04/14/2023 Doe, John 6.000 Reg
04/14/2023 Smith, John 8.000 Reg
04/14/2023 Doe, Jane 1.250 OT
04/14/2023 Doe, Jane 8.000 Reg
04/14/2023 Smith, John 4.000 OT
04/14/2023 Smith, John 0.250 DT
04/14/2023 Doe,Jane 8.000 Reg
04/14/2023 Smith, John 3.500 OT
Total Grand Prix Row West
Total Hours: Reg 78.00 / OT 29.61 / DT 2.75 Total Due: $3,584.92
110.36
Reg 78.00 / OT 29.61 / DT 2.75
$3,484.92
Commented [BN6]: @Nicole Madrid remove client specific
data and actual employee names.
Commented [GU7R6]: ok
VI. FEES
See attached Appendix V (1st Page)
Appendix VI: References
Client Reference No. 1
Item Vendor Response
Name Long Beach Convention Center
Population 100-500 shifts covered a month
Contact Name Victor Starkweather
Contact Telephone Number 562-244-2514
Contact E-mail Address [email protected]
Approximate Portfolio Size $500,000 in yearly revenue
Business Initiation Date 2014
Rationale for Inclusion as a Reference Current client
Staff support for front of the house,
housepersons, set up, housekeeping,
maintenance, and culinary.
Client Reference No. 2
Item Vendor Response
Name Trump National Golf Course
Population 50-100 shifts covered per month
Contact Name Lili Amini
Contact Telephone Number (310) 265-5000
Contact E-mail Address [email protected]
Approximate Portfolio Size $400,000 in yearly revenue
Business Initiation Date 2018
Rationale for Inclusion as a Reference Current client
Staff support for front of the house,
housepersons, set up, housekeeping,
maintenance, and culinary.
Client Reference No. 3
Item Vendor Response
Name Moxy Hotel/Marriott Hotel
Population 10+ housekeepers fulltime each week
Contact Name David Townsend
Contact Telephone Number 310-736-0463
Contact E-mail Address [email protected]
Approximate Portfolio Size 100,000 in estimated yearly revenue Business Initiation Date 2023
Rationale for Inclusion as a Reference Current client for housekeeping services Appendix V: Reference (Continued)
Client Reference No. 4
Item Vendor Response
Name Aquarium of the Pacific
Population 25 part time/on call staff per week
Contact Name Ken Stewart
Contact Telephone Number 562-506-4431
Contact E-mail Address [email protected]
Approximate Portfolio Size $300,000 per year
Business Initiation Date 2016
Rationale for Inclusion as a Reference Current client
Staff support for front of the house,
housepersons, set up, housekeeping,
maintenance, and culinary.
Client Reference No. 5
Item Vendor Response
Name The Getty Museum and Villas
Population 20-40 staff members per event during summer
peak season
Contact Name Haydee Guitterez
Contact Telephone Number 323-304-0318
Contact E-mail Address [email protected]
Approximate Portfolio Size $100,000 in yearly revenue
Business Initiation Date 2021
Rationale for Inclusion as a Reference Current client
Staff support for front of the house,
housepersons, set up, housekeeping,
maintenance, and culinary.
VII. Contract Performance
There has been no time in the past five years that Cloudpersonnal had a vendor contract terminated for convenience, non-performance, or any other reason, or has entered legal action with a customer.
Commented [BN8]: @Nicole Madrid Nowsta and Legends don't fall into this category?
Commented [GU9R8]: No. We are still in their system as a valid vendor. They just don't use our services as much as before.