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
CULINARY STAFFING OF AMERICA, INC.,
a California corporation,
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 per sonnel as further delineated 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 employ ee works for ANAHEIM 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 all law s, 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 reinstated to CalPERS employment or considered to be in violation of the retirement law or otherwise in unlawful employment as a result of their work at 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 provid es 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 Consumer 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 direct labor rate paid to the employee. CONTRA CTOR 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 temporary 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 and 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, CONTR ACTOR 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 , including but not limited to securing a business license from AN AHEIM. 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 all 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 compensation 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 benefit s, and CONTRACTOR agrees that it shall not sue or file a claim, petition 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 employees 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 California Labor Code Section 2750.3, or other such exceptions, s uch 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 d amages 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 indemnify 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 participating 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 rese rves 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 amended (‘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 agr ees 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 professional services, CONTRACTOR agrees to indemnify and hold har mless 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 services, 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 agains t 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, omiss ions, 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, 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 in demnification, 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 o n 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 Auto mobile 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 p ersons 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 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, 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 AN AHEIM may assign or 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 not 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
Culinary Staffing Of America,
Inc. a California Corporation
Attn: John Anderson,
CEO/President
3130 W. Main Street, Suite E
Visalia, CA 93291
559-288-1145
[email protected]
and copies to
City of Anaheim
Attn: City Clerk
200 S. Anaheim Blvd., 2nd
Floor
Anaheim, CA 92805
Culinary Staffing of America,Inc.
PO Box 3645
Visalia, CA 93278
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:
CULINARY STAFFING OF AMERICA, INC., a
California corporation
By: _____________________________________
Printed Name: _____________________________
Title: ___________________________________
“CONTRACTOR”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
148915
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 lan guage is s et forth in Section 3.01.
The Agreement b etween Anahei m and the succes sful Propos er will contain Anaheim’ s stand ard indemnification provisions for Agreements of t his type. This langu age is se t 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 wi th the bid. The non-collusion affidavit will be in cluded as pa rt of the b id documents. Se e 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 for 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 sh all obtain and keep in full forc e 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 fin al response/proposal in the format specified in Section 2.03 by 4:00 P.M. Pa cific 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 th e vendor portal noted above and must be submitted no l ater than Friday, April 7 , 2023 by 4: 00 P.M. Pacific Standard Time. A nswers, 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 Council 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 Anaheim 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, drawings, 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 same 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 person, 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 covenants 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 documents 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 indicated 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 proposal 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 sufficient 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 theirproposal 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, duties 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 enter 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 colluded, 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 thereto, 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
Exhibit B
CONTENTS RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Execut
ive Summary
Experience
Firm Background
Personnel
Reporting
Appendix VI: References
Contract Performance
RFP Exceptions
Appendix IV: Non-Collusion Affidavit
2 3
4 5
6-13
14-15
16 17
18
EXECUTIVE SUMMARY RFP# 560-3-17-2023
April 14, 20
23 Jeff Byrne
Anaheim Convention Center
800 W Katella Ave
Anaheim, California 92802
Subje
ct: RFP #560-3-17-2023, Temporary Agency Services
Mr. Byrne
,
Culinary S
taffing of America and Empower Staffing Solutions (CSA/EMP) is pleased to respond to the Anaheim Convention Center (ACC), RFP 560-3-17-2023, for temporary agency services.
By partne
ring with CSA/EMP, Anaheim Convention Center will benefit from CSA/EMP’s 25 years of experience in the staffing industry at convention centers, stadiums, and corporate facilities, providing our clients a professional management team that has worked in the event staffing industry for many years.
Culinary S
taffing of America has been a prominent fixture in California since 1997 in the event staffing industry. Empower Staffing Solutions has been serving California since 2016. Our management team, from the owners down to our managers, have all worked in the industry prior to working with CSA/EMP.
We are a hospitality, convention, and event staffing company – that is all we do. • CSA/E
MP has over 25 years in convention center event staffing throughout California • Our management team has extensive experience with convention centers and event staffing • All our employees are thoroughly screened, including E-Verify and 7 year criminal background check
• Only employees that are qualified for the job assignments will be sent to ACC • CSA/EMP understands the convention industry, which includes the number of staff and hours can fluctuate greatly from day to day and event to event CSA/E
MP has read and agrees to adhere to the terms and conditions specified in the request for proposal and commit to enter into a contract that will satisfy the requirements of this RFP.
CSA/EMP i
s looking forward to working closely with ACC to provide a temporary staffing agency that is mutually cost effective for ACC and CSA. Please do not hesitate to contact us if there are any clarifications or questions you may have about our proposal.
Sincere
ly,
John Anderson
CEO/President
Culinary Staffing of America, Inc
Empower Staffing Solutions
Phone: 559-288-1145 Email: [email protected]
EXPERIENCE RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Explain y
our organization’s capability to achieve the objectives of the project with reference to prior experience, available resources, and qualifications of the project team (max 1 page) CSA/E
MP has 25 years experience staffing events for convention centers throughout California. The challenge providing staff for Convention centers is the ability to increase or decrease number of staff, day to day. Over the years CSA has currently or has had contracts with Las Vegas CC, Moscone CC, Santa Clara CC, Anaheim CC, Sacramento CC, San Jose CC, Fresno CC and Visalia CC CSA/EMP has qualified employees for multiple job titles for convention center events. CSA/EMP is able to adapt to meet the requirements for each event. From Super Bowl, to World Series, from concerts to convention events, they all have different requirements. We have provided employees in a variety of positions for all these venues and have the capability to help manage and direct these venues as needed. Our qualified employees have the ability to multi-task for the different positions.
From the owners to management to-in house team members, we have all had extensive experience in event staffing, especially in convention centers. Our managers are able to step in, help, and direct on site if needed. Event staffing is specialized – you can’t just send an employee, but need back up support on event days, helping manage and direct the staff that have been provided.
Culinary Staffing of America and Empower Staffing Solutions has the experience and capabilities to fulfil the requirements of the RFP for the Anaheim Convention Center.
Firm Background RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Descri
be the organization, date founded and ownership of your firm. Specify the number of years organization has been providing temp staff services. Certificates of Insurance will be due prior to award Culinary S
taffing of America:
Founded June 1997
California incorporated March 2003
John Anderson, President/CEO
Nancy Anderson, HR Manager/Secretary
We have been providing temp staff services for 25 years in California and Nevada COIs meet or exceed requirements of RFP
PERSONNEL RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
1) Identify 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 1) 7 in-house staff
2) 1. John Anderson, President/CEO
25 years – main contact
Been in hospitality and event management since 1975
Oversees and manages all senior managers in all departments, including Staffing, Recruiting, and accounts
2. Nancy Anderson, HR Mgr
25 years
Manages all aspects of hiring, time cards, payroll and invoicing
3. Chris Anderson – Regional Staffing Manager
22 years
Will be point of contact with client for scheduling, working closely with ACC.
Management of on-site staff. Handles scheduling and staffing logistics. Handles training and certifications and will ensure all employees are trained and clear to work.
4. Miguel Ortega – Regional Manager
9 years
Has experience in building and managing teams, on-site management, and working with vendors. Has experience with recruiting and hiring of temp staff. Has AA in event management.
Will assist as point of contact for scheduling
5. Stephanie Avila – Payroll/Invoice manager
6 years
Handles all aspects of payroll, including calculating time cards, processing payroll, and creating invoices. Communicates with client in all these aspects.
6. Kathrine Miyakawa – Assistant Payroll Manager/Reports 8 years
Assists in all aspects of the payroll process. Creates reports requested by client.
7. Chase Fragoso – Recruiting manager
2 years
Actively recruits temp staff and manages assistant recruiters. Identifies potential temps for specific job positions and client’s needs.
3) John And
erson – Key contact for contract
559-288-1145 [email protected]
REPORTING RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Descr
ibe the frequency and format of reports you would provide to the City staff. Please attach sample reports
• All report
s are generated weekly
• Employee hours are processed weekly and available in pdf or excel format • Invoices are sent weekly via email in pdf format. These will be backed up with time cards or punch in report
• Billing reports, showing pay and bill rates are in excel format and are available on request • The attached are sample reports – if other information is required or a different format is preferred, we can provide that as well
CULINARY STAFFING OF AMERICA
Timesheet Report By Employee
For Payroll 20232 Pay Date 01/13/2023
Employee ID Employee Name Charge Date Location Position Pay Code Pay Description Shift Hours-Units Paid Hours Worked Hourly Rate Pay Amount P22258 01/08/2023 CENTRAL VALLEY 9079N EXPS REIM EXPENSE 1.00 0.00 4.0000 4.00
P22258 01/08/2023 CENTRAL VALLEY 9079N D/T DOUBLETIME 7.00 7.00 34.0000 238.00 S22404 01/08/2023 CENTRAL VALLEY 9079N REG REGULAR PAY 8.00 8.00 17.2000 137.60
S22404 01/08/2023 CENTRAL VALLEY 9079N O/T OVERTIME 1.75 1.75 25.8000 45.15 S22404 01/08/2023 CENTRAL VALLEY 9079N EXPS REIM EXPENSE 1.00 0.00 1.0000 1.00
P06895 01/08/2023 CENTRAL VALLEY 9079N REG REGULAR PAY 12.25 12.25 15.5000 189.88 P06895 01/08/2023 CENTRAL VALLEY 9079N EXPS REIM EXPENSE 1.00 0.00 4.0000 4.00
J22493 01/08/2023 CENTRAL VALLEY 9079N REG REGULAR PAY 8.00 8.00 17.2000 137.60 J22493 01/08/2023 CENTRAL VALLEY 9079N O/T OVERTIME 2.00 2.00 25.8000 51.60
J22493 01/08/2023 CENTRAL VALLEY 9079N EXPS REIM EXPENSE 1.00 0.00 1.0000 1.00 Grand Totals 963.00 931.00 17,564.74
Total Number of Employees: 37
10 Jan 2023 − 22:02 Page 5 of 5
THOMAS, JEFFREY
THOMAS, JEFFREY
THOMPSON, ALFRED
THOMPSON, ALFRED
THOMPSON, ALFRED
VILLEGAS, RAUL
VILLEGAS, RAUL
WALTER, PALOMA
WALTER, PALOMA
WALTER, PALOMA
INVOICE
Prep 1/22 49ER PLAYOFF443
PO NumberCustomer ID
1/24/2023 222555 1/22/2023
WK EndingInvoice NumberInvoice Date
LEVY-LEVI'S STADIUM
ATTN: WILLIAM SWAN
4900 MARIE P. DEBARTOLO DR
SANTA CLARA, CA 95054-
LEVY-LEVI'S STADIUM
ATTN: WILLIAM SWAN
4900 MARIE P DEBARTOLO DR
SANTA CLARA, CA 95054-
Reference Description Amount
ALDA, ALAN R 8.00 $31.75 $254.00
ALDA, ALAN OT 2.00 $47.63 $95.26
BYRD, LARRY R 8.00 $31.75 $254.00
BYRD, LARRY OT 2.00 $47.63 $95.26
CHANNING, CAROL R 8.00 $31.75 $254.00
CHANNING, CAROL OT 2.00 $47.63 $95.26
DENVER, JOHN R 8.00 $31.75 $254.00
DENVER, JOHN OT 1.50 $47.63 $71.45
FRANKS, MIKE R 8.00 $31.75 $254.00
FRANKS, MIKE OT 1.50 $47.63 $71.45
KLEIN, JOSEPH R 8.00 $31.75 $254.00
KLEIN, JOSEPH OT 2.00 $47.63 $95.26
MILLER, ALEX OT 4.00 $47.63 $190.52
+ 1HR NO BREAK MILLER, ALEX R 9.00 $31.75 $285.75
MIST, KEITH R 8.00 $31.75 $254.00
MIST, KEITH OT 2.00 $47.63 $95.26
RENNER, JEREMY R 8.00 $31.75 $254.00
RENNER, JEREMY OT 2.00 $47.63 $95.26
ROBINSON, KATHLEEN R 8.00 $31.75 $254.00
ROBINSON, KATHLEEN OT 2.75 $47.63 $130.98
SIMMS, DONALD R 8.00 $31.75 $254.00
SIMMS, DONALD OT 2.75 $47.63 $130.98
THOMAS, JAMES R 8.00 $31.75 $254.00
THOMAS, JAMES OT 1.75 $47.63 $83.35
VILLANUEVA, MANUEL R 8.00 $31.75 $254.00
INVOICE
Prep 1/22 49ER PLAYOFF443
PO NumberCustomer ID
1/24/2023 222555 1/22/2023
WK EndingInvoice NumberInvoice Date
LEVY-LEVI'S STADIUM
ATTN: WILLIAM SWAN
4900 MARIE P. DEBARTOLO DR
SANTA CLARA, CA 95054-
LEVY-LEVI'S STADIUM
ATTN: WILLIAM SWAN
4900 MARIE P DEBARTOLO DR
SANTA CLARA, CA 95054-
Reference Description Amount
VILLANUEVA, MANUEL OT 1.50 $47.63 $71.45
$4,655.49Page 2 of 2 INVOICE# 222555 TOTAL
Please return this portion with your payment. Disregard this notice if payment has been made Prep 1/22 49ER PLAYOFF443
PO NumberCustomer IDTERMS: Due upon receipt. Pay this amount within 30 days or a 1.80% charge will be added to your account.
1/24/2023 222555 1/22/2023
WK EndingInvoice NumberInvoice Date
REMIT TO:
Culinary Staffing of America
PO BOX 13188
Milwaukee, WI 53213-0188
$4,655.49INVOICE
TOTAL
CULINARY STAFFING, INC.
FRI 07/16/2021
Name of Employee Position IN Time In Break in Break out Time Out Signature 1 ALDA, ALAN DISH 2:30PM 6:30pm 7:00pm 11:00PM
2 BYRD, LARRY DISH 2:30PM 6:30pm 7:00pm 11:00PM
3 CHANNING, CAROL DISH 2:30PM 6:30pm 7:00pm 11:00PM
4 RENNER, JEREMY DISH 2:30PM 6:30pm 7:00pm 11:00PM
5 DISH 3:30PM
6 DISH 3:30PM
7 DISH 3:30PM
8 DISH 3:30PM
9 DISH 3:30PM
10 Kitchen
Kitchen
LEGENDS - ANGEL STADIUM
Lead Name: JOHN ANDERSON Lead Contact #: 559-288-1145
Assigned Location
Suites
Kitchen
By signing below, client is agreeing to the terms on the reverse side.
Four hour minimum required Clients Signature____________________________________
Pay Period Shift Worked
Department
Assignment OT2Hrs Non-WrkHrs Earnings Deductions Paid Worked Hrs Paid Non Worked Hrs Total Paid Hrs
0.00 10.75 $ 0.00 $ 0.00 32.50 0.00 32.50
Mar 06 to Mar 12 Float OUTSIDE SALES 133922 0.00 10.75 0 0 32.50 0.00 32.50
0.00 0.00 $ 0.00 $ 0.00 4.25 0.00 4.25
Mar 06 to Mar 12 Float OUTSIDE SALES 133923 0.00 0.00 0 0 4.25 0.00 4.25
0.00 0.00 $ 0.00 $ 0.00 1.50 0.00 1.50
Mar 06 to Mar 12 Float SECRETARIAL -
GENERAL
133918 0.00 0.00 0 0 1.50 0.00 1.50
0.00 2.00 $ 0.00 $ 0.00 10.50 0.00 10.50
Mar 06 to Mar 12 Float SECRETARIAL -
GENERAL
133916 0.00 2.00 0 0 10.50 0.00 10.50
0.00 12.75 $ 0.00 $ 0.00 48.75 0.00 48.75Emp# 4 Grand Total 48.75 0.00
CULINARY
STAFFING OF
10.50 0.00
RENNER, JEREMY 8329 10.50 0.00
CULINARY
STAFFING OF
1.50 0.00
CHANNING, CAROL 7630 1.50 0.00
CULINARY
STAFFING OF
4.25 0.00
BYRD, LARRY 7071 4.25 0.00
CULINARY
STAFFING OF
32.50 0.00
ALDA, ALAN 4655 32.50 0.00
Employee Name Emp ID Worked Location Reg Hrs OT1Hrs
Payroll Summary
User: Stephanie Avila
Date Time 04/18/2023 05:11 PM
Select Type : CUSTOM From Date : 03/06/2023 To Date : 03/12/2023 Hours in : Decimal Format www.timerack.com 1/1
HOUR
124 R
124 R
124 OPY
124 R
124 R
124 NTX
124 OPY
128 R
128 OT
128 R
128 OT
124 R
124 OPY
124 R
124 NTX
124 OPY
124 R
124 R
124 R
124 R
124 R
124 R
124 R
124 R
0.00 0.00124 Waitstaff/Bus/Run NT 1.00 5.00 5.00
Waitstaff/Bus/Run 5.00 15.50 77.50 0.00 0.00 0.00
30.10 150.50
Waitstaff/Bus/Run 29.75 15.50 461.13 0.00 0.00 0.00
0.00 29.75 30.10 895.48
Waitstaff/Bus/Run 0.00 0.00 0.00 5.00
9,831
Waitstaff/Bus/Run 0.00 0.00
0.00 0.00
RENNER, JEREMY
THOMAS, JAMES
29.00 438.00 28.00 842.80
0.00 0.00
124 Waitstaff/Bus/Run NT 1.00 4.00 4.00 0.00
0.00 28.00 30.10 842.80
Waitstaff/Bus/Run 28.00 15.50 434.00 0.00
9,733
Waitstaff/Bus/Run 0.00 0.00
0.00 0.00
LOPEZ, MARIO
RENNER, JEREMY
7.00 94.00 6.00 180.60
0.00 0.00
124 Waitstaff/Bus/Run NT 1.00 1.00 1.00 0.00
0.00 6.00 30.10 180.60
Waitstaff/Bus/Run 6.00 15.50 93.00 0.00
9,833
Waitstaff/Bus/Run 0.00 0.00
0.00 TIPS
CHANNING, CAROL
LOPEZ, MARIO
13.00 840.73 12.00 1,179.75
Waitstaff/Bus/Run 1.00 668.23 668.23 0.00 0.00
0.00 Waitstaff/Bus/Run 1.00 2.00 2.00 0.00 0.00 0.00
848.65 848.65
TIPS
Waitstaff/Bus/Run 11.00 15.50 170.50 0.00 0.00
0.00 11.00 30.10 331.10
Waitstaff/Bus/Run 0.00 0.00 0.00 1.00
9,696
Waitstaff/Bus/Run 0.00 0.00
0.00 0.00 0.00
BYRD, LARRY
CHANNING, CAROL
18.50 278.07 17.50 538.04
128 CONCESSIONAIRES NT 1.00 1.00 1.00
CONCESSIONAIRES 0.75 23.25 17.44 0.00 0.00 0.00
45.15 33.86
CONCESSIONAIRES 16.75 15.50 259.63 0.00 0.00 0.00
0.00 16.75 30.10 504.18
CONCESSIONAIRES 0.00 0.00 0.00 0.75
9,812
CONCESSIONAIRES 0.00 0.00
0.00 TIPS
ALDA, ALAN
BYRD, LARRY
21.00 996.23 20.00 1,420.55
Waitstaff/Bus/Run 1.00 668.23 668.23 0.00 0.00
0.00 Waitstaff/Bus/Run 1.00 5.00 5.00 0.00 0.00 0.00
Waitstaff/Bus/Run 8.00 17.00 136.00 0.00 0.00
TIPS
Waitstaff/Bus/Run 11.00 17.00 187.00 0.00 0.00 0.00
240.80
Waitstaff/Bus/Run 0.00 0.00 0.00 1.00 848.65 848.65
Waitstaff/Bus/Run 0.00 0.00 0.00 8.00 30.10
0.00 0.00 11.00 30.10 331.10
CHUKCHANSI GOLD CASINO
ALDA, ALAN 6,363
Waitstaff/Bus/Run 0.00
PAY BILL
HOURS RATE AMOUNT RATE AMOUNT
Culinary Staffing of America
All Departments 9:48
DAILY BILLING REPORT
4/9/2023 12:00:00AM TO 4/15/2023 12:00:00AM
0.00 TOTAL VAC HRS: 0.00 TOTAL VAC BILLED: $0.00
TOTAL DT HRS: 0.00 TOTAL DT BILLED: $0.00
TOTAL SICK 0.00 TOTAL SICK BILLED: $0.00
TOTAL OT HRS: 1.75 TOTAL OT BILLED: $79.02 TOTAL NTX BILLED: $ 517.75 $12,003.91
TOTAL NUMBER OF CLIENTS: 4.00
TOTAL BILL TRANSACTIONS: 49.00
TOTAL R HRS: 386.75 TOTAL R BILLED: $11,638.00 TOTAL OPY BILLED: $4,70 TOTAL VAC HRS: 0.00 TOTAL VAC PAY: $0.00
TOTAL HOL HRS: 0.00 TOTAL HOL PAY: $0.00
TOTAL DT HRS: 0.00 TOTAL DT PAY: $0.00
TOTAL SICK 0.00 TOTAL SICK PAY: $0.00
TOTAL OT HRS: 8.75 TOTAL OT PAY: $233.07 TOTAL NTX PAY: $6 TOTAL NUMBER OF EMPLOYEES: 27.00
TOTAL PAY TRANSACTIONS: 83.00
TOTAL R HRS: 476.00 TOTAL R PAY: $8,009.90 TOTAL OPY PAY: $3,70
DAILY BILLING REPORT
396.50 $16,417.22
BILLED - PAID $4,413.31
TOTAL HOL HRS: 0.00 TOTAL HOL BILLED: $0.00
CONTRACT PERFORMANCE RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Indicate i
f 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.
ARAMA
RK: CSA/EMP has been under contract with Aramark since 2011 through March 2020. During the pandemic, the convention and event staffing that CSA/EMP was servicing, became non-existent. People Scout (MSP for Aramark) then brought in new management and they wanted to only use suppliers that would provide services for all areas serviced by Aramark. We specialize only in hospitality, events, and convention centers. The new management team terminated out contract. We are in the process of re- negotiating contract with them at this time. Contact is Kaci Schleper at [email protected]
RFP EXCEPTIONS RFP# 560-3-17-2023
Culinary Staffing/Empower Staffing Solutions
Specifi
cally identify exceptions to this RFP.
CSA/E
MP would like to have Mutual Indemnification
Appendix IV - Non-Collusion Affidavit
Note: To be executed by Proposer and submitted with proposal. STATE OF CALIFORNIA County of Tu \rue. Jon"' AV"lder:so'f'1 , being first duly sworn deposes and says that he/she is C.e O / Pre 5, den-t of C.,(,�O..of'{ St<x-£:n.�°) o) J\,Me(1co... , INc.. , 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 colluded, 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 thereto, 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.
Subscribed and sworn to before me this
\1t\-\ day ofi 207' 3