The URL can be used to link to this page

Certification of Contract with Creative Staffing, Inc. Ca MIAMIBEACH -II CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Temporary Staffing Services CONTRACT NO.: ITB- 2015-052-WG EFFECTIVE DATE(S): This Contract shall remain in effect for an initial term of three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, for two (2) additional one (1) year terms SUPERSEDES: N/A CONTRACTOR(S): Creative Staffing, Inc. (Tertiary)for Industrial Type Temporary Staff ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 11, 2015 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for Temporary Staffing Services and pursuant to City Invitation to Bid No. 2015-052-WG and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2015-052- WG. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Sylvia Crespo-Tabak, Human Resources Department, Director at 305-673-7000 ext. 6724. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Certification of Contract 1 Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed corn pensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: City of Miami Beach Human Resources Department 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Sylvia Crespo-Tabak, Human Resources Department, Director Phone: 305-673-7000 ext. 6724 Email: sylviacrespo-tabak(c�miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Creative Staffing, Inc. 7700 North Kendall Drive, Suite 304 Miami, FL 33156 Attn: John Bitterman Phone: 305-279-7799 Fax: 305-598-9692 E-mail: johnbittermanna.creativestaffinq.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Certification of Contract 3 N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the Cit and Contractor have caused this Certification of Contract to be signed and attested on this e 4 day of Maim.o�k 20I by their respective duly authorized representatives. C• TRACTOR CITY OF MIAMI BEACH /:i ;,, 0 B!'!A I " ,,• 4 _ By • •sident/ Signature "41 Prin Name Date ANW -12, fri /- -c___(-1--ick ,_., a a3 (;?6 I Date ATTEST: ATTEST: i , Afait, 1 , r 0 1 : ,, , e. Secretary/ Signature City Cle`k o r- 3/3 Zi .�4U A Print Name ��.�°f'�a er;��'h,,11 -1A% ( ib 0 . ,,,---- • 0 - : ,..,0•""-ip :.. $ ate " * INCORP ORATED' • \1 •''.,Q__r7 F:\PURC\$ALL\Solicitations\2015\2015-052-WG Temporary Staffing Services\Contract\Certifica*-T 44 -%krb!l' 015-052—WG - Creative Staffing.docx Attachments: A: Commission memo and Item Summary B: ITB, Addendum C: Proposals D: Insurance Certification APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION - \--- t35 City Attorney at 5 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB) 2015-052-WG FOR TEMPORARY STAFFING SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS. Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The purpose of this bid is to establish a Contract with lowest responsive, responsible bidder(s)to provide the City of Miami Beach,on an as needed basis,with temporary personnel with the skill, knowledge and experience required by the City to perform as a temporary agency employee the duties, functions and responsibilities of the positions requested. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. With the above stated goal in mind, Invitation to Bid(ITB)2015-052-WG,was issued on November 14, 2014. Notices were sent to approximately forty-nine (49) firms. Following a pre-bid conference and necessary addenda to clarify ITB requirements and respond to bidder questions, nine (9) bids were received on December 8, 2014 from: Worksquare LLC., Creative Staffing, SNI Companies Corp., Academy Design and Technical Services, Kemp Group International Corporation, GDKN, Eagle Resources Group Inc., Transhire and TS Staffing Services. The bid tabulation is attached. The City Manager has considered the bids received pursuant to ITB 2015-052-WG, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of contract as follows and authorize the City Manager to execute agreement(s)as necessary. Primary Secondary Tertiary Administrative Type Academy Design and Worksquare LLC Transhire Temporary Staff Technical Services Industrial Type Academy Design and Worksquare LLC Creative Staffing Temporary Staff Technical Services RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2015-052- WG, for Temporary Staffing Services. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A N/A Financial Impact Summary: The annual cost associated with the acquisition of temporary staffing services is subject to funds availability approved through the City's budgeting process. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: De ment Director Assistant City Manager City M a er AD 400" SCT667: KGB JLM T: . a. DA12015\February 11\Procurement\ITB 2015-052-WG Temporary Staffing ervices - SUMM A RY.doc AGENDA ITEM ca$ VW MIAMI BEACH DATE A- IS 54 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Co A ission FROM: Jimmy L. Morales, City Manager DATE: February 11, 2015 SUBJECT: REQUEST FOR APPROVAL '10 AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2015-052-WG FOR TEMPORARY STAFFING SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS. KEY INTENDED OUTCOME SUPPORTED Ensure expenditure trends are sustainable over the long term. FUNDING The annual cost associated with the acquisition of temporary staffing services is subject to funds availability approved through the City's budgeting process. BACKGROUND The purpose of this bid is to establish a Contract with lowest responsive, responsible bidder(s) to provide the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City to perform as a temporary agency employee the duties, functions and responsibilities of the positions requested. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. ITB PROCESS With the above stated goal in mind, Invitation to Bid (ITB) 2015-052-WG, was issued on November 14, 2014. Notices were sent to approximately forty-nine (49) firms. Following a pre-bid conference and necessary addenda to clarify ITB requirements and respond to bidder questions, nine (9) bids were received on December 8, 2014 from: Worksquare LLC., Creative Staffing, SNI Companies Corp., Academy Design and Technical Services, Kemp Group International Corporation, GDKN, Eagle Resources Group Inc., Transhire and TS Staffing Services. The bid tabulation is attached. As required in the ITB, bids were evaluated for compliance with minimum qualifications and specification requirements, including: 1. Minimum Requirements: Bidders shall provide the following: • The bidder shall provide a Dun and Bradstreet (D&B) report indicating a Supplier Risk Score rating of not more than 4. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire have Supplier Evaluation Risk Scores of not more than 4 and have the financial resources to ensure that they can satisfactorily provide the services required 55 Commission Memorandum —ITB No. 2015-052-WG,Temporary Staffing Services February 11, 2015 Page 2 in the ITB. • The bidder shall maintain an office within the geographical boundaries of Miami-Dade, Palm Beach, Broward or Monroe Counties. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. • Provide listing of at least three (3) contracts of similar size and scope that have been awarded to bidder by public and private sector clients within the last three (3) years, (for each include organization name, contact person, address, telephone number, email address, and summary of scope of services provided). Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire provided satisfactory references to the City. • Firm or Principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. • Firm or Principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (10)years. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. TS Staffing Services withdrew its bid. The bid response for TS Staffing Services stated that their firm had no litigation history or regulatory action to report. However, as part of the City's due diligence extensive litigation history was found. TS Staffing Services failed to provide an explanation of the litigation found and subsequently withdrew their bid. CITY MANAGER'S REVIEW AND RECOMMENDATION The City Manager has considered the bids received pursuant to ITB 2015-052-WG, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of contract as follows and authorize the City Manager to execute agreement(s) as necessary. Primary Secondary Tertiary Administrative Type Academy Design and Worksquare LLC Transhire Temporary Staff Technical Services Industrial Type Academy Design and Worksquare LLC Creative Staffing Temporary Staff Technical Services CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bid received, pursuant to ITB 2015-052-WG, for Temporary Staffing Services. JLM / MT/JR/AD T:\AGENDA\2015\February\Procurement\ITB 2015-052-WG Temporary Staffing Services-Memo.doc 56 Jd .,Z J(;. dJ o o 0 �O� M v ° LPG 0, 0 0 Jdle.i %,P., �0 M ° a� oo, J, � o 0 d �o3, \ o 'fel. o Q z ^M "o9,_ 4,0 ,',..';;/.1 noir-,:y...t;fill,,,q't:,i cu j / 1111 C CU C. C- _C = p , a t b1 Y fa Y Q 4., v1 = ti. Q 4. M v) CO p i4 p L C. v1 7 co H a.. R d aJ a) a 4, ate-+ H a 00 a -0 N f.9 ,C ,. a -6 C N N C c0 N a) C c0 .0 CI) C C3 a) ` u y L u a — 3 - = Q. Q 4J rr .Q G! Q as L .0 CU 'O p v, O w 0 a ° L 6xu O a. i cu = 3• 0 ►�' a o 'o c. cNi n �.. .2 3 hZ o 0Y ° ° 0 . I` o . pcoca O M ,1 00 N a a 'i, Q Q C L cV n E p v, p C _ ,-.t L U C d. cn c0 O pp 0 _ C N O 'co z a s 1` 13 m '- 0 CO u) =O ca 'mot Q) co,„U �Q f` a a '� Z O L O �` ` V U +O > C co P. a a o E ao CO v c vai m �: Q S > O °° rn on a x a L, �U o c Cd N Mo- N o CO C I- a a p � -p Ca cn cn c0 • c _ p E E o ° o E rn N E cn _ a •v 00 Q F� d S d t O c ti rn a ' : * t '5 5 57 ATTACHMENTS B ar�p 46 F Ac H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. Fax:786-394-4075. ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 2015-052-WG TEMPORARY STAFFING SERVICES DECEMBER 1, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISION: Appendix E- Proposal Tender Form has been revised and attached. Proposers are required to submit with the bid the amended Appendix E-Proposal Tender Form in order to be deemed responsive. II. REVISION: Appendix D, Paragraph 1, revise as follows: TERM OF CONTRACT: The contract(s) entered into with the successful proposer(s)will have an initial term of three(3)years. III. REVISION: Appendix D, Paragraph 2, revise as follows: RENEWAL TERM: The City at its sole discretion may renew its contract for two(2)additional one(1)year terms. The markup proposed by successful vendor(s) shall remain fixed for a period of one (1) year. After this initial fixed term period, the City may consider requests for markup adjustment in the event of unforeseen governmental mandates (e.g., taxes, healthcare mandates, etc.) imposed upon the contractor with the exclusion of the Living Wage. Requests for adjustment to markup shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved, the Procurement Department will formalize the adjustment by formal contract modification. It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. IV. REVISION: Revise Appendix C, Paragraph Cl Minimum Requirements to read as follows: "The bidder shall provide a Dun and Bradstreet(D&B) report indicating a Supplier Risk Score rating of not higher than 4. 1TB 2015-052-WG Addendum No. 1 V. RESPONSES TO QUESTIONS RECEIVED: Q1) Who are the current vendors and their current mark-up for the following: a.Administrative(Office)Type temporary Professional Services? b. Industrial Type Temporary Professional Services? Al) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q2) How can prospective bidders obtain a copy of the Bid Tabulation, that will show the mark-up for each responder,for the last time this RFP was let for response? A2) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q3) What is the estimated volume for the following: a. Administrative(Office)Type temporary Professional Services? b.Industrial Type Temporary Professional Services? A3) The average number of Temporary Employees regularly acquired annually through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative(5 Each), Service Workers(71 Each) • Q4) Will any of the Temporary Employees be asked to perform any of the following tasks: a. Driving any type of motor vehicle on public roads. b. Hydro blasting. c.Working on Roofs. d.Erecting Scaffolding e.Work covered by the USL&H. f.Work covered by the Jones Act. g. Demolition (heavy)other than light renovation work in a building. h.Work higher than six feet off the ground level or a working surface. I. Tunneling. j. Asbestos Abatement k. Mold Removal I.Work around hot chemical tanks doing clean-up of spilled materials. m. Tree trimming where it requires employees to climb into trees or use ladders to gain access to upper portions of the tree. n. Operating Heavy Equipment/Motorized Equipment. o.Work involving riding on or driving garbage trucks. A4) The Public Works Department occasionally requires Heavy Equipment Operators and Mechanics that will require Class B Driver License with air brake endorsements. No other categories above apply. Q5) How can prospective bidders obtain the position descriptions for the positions for this ITB? A5) Position descriptions shall not be provided as part of this Invitation to Bid. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. . 2IPage ITB 2015-052-WG Addendum No. 1 Q6) Are prospective bidders correct in assuming that responders will be submitting "Appendix A"only and the City will prescribe the"Pay Rate"for each position? A6) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph Cl Minimum Requirements. Q7) What information is to be submitted other than "Appendix A"? A7) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph Cl Minimum Requirements. Q8) Item 10 of Appendix A: As a prospective bidder, benefits are not offered to Temporary Employees/ Hourly Employees, but are offered only to Salaried Employees. However Benefits are not offered to Domestic Partners. Will this disqualify prospective bidders from this Invitation To Bid? A8) Please refer to the Equal Benefits for Employees with Spouses and Employees with Domestic Partners, Ordinance # 2005-3494, Section 2.373, which may be reviewed through following link. Attached also please find the applicable City of Miami Beach Reasonable Measures • Application and the City of Miami Beach Substantial Compliance Authorization Form referred to in the ordinance. https:l/www.municode.com/library/fl/miami beach/codes/code of ordinances?nodeld=SPAGE OR CH2AD ARTVIPR DIV3COPR S2-373RECOPREQBEDOPA Q9) Item 9, C3 Specifications: Can the City be please be more specific as to the time period that prospective bidders are to guarantee our temporaries? The standard in the industry is from 4-8 hours. • A9) Should the City require the successful contractor to replace an individual on temporary assignment whose quality of service is unsatisfactory; the City shall only pay for service hours rendered. Q10) In regards to the light industrial codes; some of the specified codes are much higher risk than others. A few are classified as an unacceptable risk to carriers. Can prospective bidders specify the light industrial codes that they can bid on? A10) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q11) Also on the City's cost proposal page, can prospective bidders consider #1 "Administration (office) type Temporary Professional Services" as any of the 8800 workers compensation codes? Al1) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q12) There is an error on the page that lists the Workers' Compensation Codes,. The 1St. Class Code you show is "106"and all Class Codes are four digit. Al2) The correct Workers Compensation Code for that category is 0106. Q13) What are the job titles/job descriptions related to the roles included in the ITB? A13) Position descriptions shall not be provided as part of this Invitation to Bid as various job descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. 3IPage ITB 2015-052-WG Addendum No. 1 Q14) What was the spend or number of contractors used by the City for the last 12 months by job category? A14) The average number of Temporary Employees regularly acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each), Service Workers (71 Each). The Clerk II, Clerk III, Secretary, Procurement Specialist, Customer Service Representative, and Book Keeper were contracted through Creative Staffing, the Service Workers were contracted through Academy Design & Technical Services Inc., and the Painters were provided by Union Temporary Services. However, others are needed from time to time. Q15) Will the City provide the rate card (mark up, pay rate, bill rate)for the current contract? A15) Refer to"Exhibit A"attached. Q16) Is the City willing to negotiate on any of the terms and conditions included in the ITB package,such as indemnification or insurance? A16) Refer to Section 0200 Instructions To Bidders, Clause 42, Exceptions To Bid. Q17) Is this a normal bidding cycle for temp labor or are there current service issues that have caused the City to issue this 1TB? A17) This is a normal bidding cycle, service issues have not caused the City to solicit new bids. Q18) How many vendors is the City looking to award as a result of this ITB? Will the lowest priced vendor have first right to fill? A18) Please refer to Section 0200, Paragraph 14, entitled Method of Award. • Q19) The 1TB states a preference for veteran-owned businesses. Is the City's current vendor veteran-owned? A19) No, none of the incumbent vendors were Veteran-owned business's at the time originally awarded. Q20) How much is the budget for this ITB? A20) The City's estimated budget based on historical usage is$2,538,598.58 annually. Q21) Who is the incumbent? A21) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design&Technical Services Inc., and Creative Staffing. Q22) How much is the contract value for incumbent? A22) During the previous fiscal year, Union Temporary Services Inc., was issued purchase orders totaling $278,139.60, Academy Design & Technical Services Inc., was issued purchase orders totaling$1,634,099.22 and Creative Staffing$626,359.76. Q23) Will temporary staff assigned the City be entitled to paid personal time off, paid holidays,or overtime pay? A23) Temporary Staff assigned to the City will not be entitled to paid personal time off or paid holidays. Overtime will be paid at the rate of 1.5 of the hourly rate, and is subject to pre- authorization by the City. (Example$14.00 hour regular time=$21.00 per hour overtime.) Q24) In what format shall prospective bidders provide evidence of the following: Bidder shall maintain an office within the geographical boundaries of Miami Dade, Broward, Palm Beach or Monroe Counties? A24) A valid Business Tax Receipt or its equivalent, with the applicable address shall be submitted. Wage ITB 2015-052-WG Addendum No. 1 Q25) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has had a contract terminated by the City for Default? A25) Proposer shall submit history of contracts terminated against proposing firm or principal within the past ten (10) years. If no contract termination history exists provide a statement to that effect. Q26) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has been party to a corporate bankruptcy within the last ten (10)years? A26) Proposer shall submit history of any bankruptcy filed by proposing firm or principal within the past ten (10)years. If no bankruptcy history exists, provide a statement to that effect Q27) How can prospective bidders obtain the Labor Categories & position descriptions for this ITB Temporary Administrative and Industrial Staffing Services? A27) Refer to the "Revised Proposal Tender Form" attached for Labor Categories. In an effort to more concisely describe the City department's needs and acquire the most qualified temporary employee for the position,job descriptions will be determined and provided to the successful bidder at the time of the need. Job descriptions may vary from project to project depending on the user agency's needs. Q28) Do prospective bidders need to submit only Appendix "A" - Proposal Certification, Questionnaire&Requirements Affidavit? A28) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph Cl Minimum Requirements. See "Revised Proposal Tender Form" attached. Q29) If prospective bidders need to Submit Cost Proposal Form (Appendix E), It is Not Available in the Page number 33 of Solicitation document provided in Public Purchase. A29) The information can be found on page 34 of the Invitation to Bid document available in Publicpurchase.com. That page is revised by way of this addendum. Refer to "Revised Proposal Tender Form' attached. Q30) Re: Page number 34 of Solicitation, Appendix A- Proposal Tender Form Highlights to Submit Section 5, Bid Price Form. But it is Not Available in the Solicitation document. A30) See"Revised Proposal Tender Form"attached. Q31) Is the Teaming allowed with "veteran business enterprises". If yes, What will be the volume of work to be performed by Prime &Sub contractor? A31) The Veteran's Enterprise Preference only applies to the Prime contractor. Q32) Section 0200, Paragraph 16 (PG 6) of the entitled "Volume of Work to be Received by Contractor," is not clear. A32) The intent of this clause is to specify that this is a non-exclusive contract. Q33) What was the total spend for 2014 and 2013? A33) The total fiscal year spend for 2014 was $2,538,598.58, the total for FY 2013 was $2,539,328.18 Q34) How many employees were hired for 2014 and 2013? A34) The estimated number of Temporary Employees regularly acquired annually through the above mentioned contracts historically have been 95-100. 5 ' Page ITB 2015-052-WG Addendum No. 1 Q35) What is the percentage breakdown for the various positions in 2014 and 2013? A35) The average number of Temporary Employees acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each), Service Workers (71 Each) Q36) Did any of the temporary employees work over 1560 hours in 2013? Have any worked over 1400 hours in 2014? If so, how many? A36) The vast majority of temporary workers engaged through the current temporary services contracts work full time schedules (40 hours/week=approximately 2080 hours/year). Q37) How does the City of Miami Beach pay employees for jury duty while on assignment? A37) The City will not be responsible for pay of temporary staff while on jury duty assignment. It will be the successful bidder's responsibility to provide replacement staff for those temporary employees assigned jury duty. Q38) What is the interest or penalty on invoices not paid according to contract terms? A38) The City's Payment terms are net 30 days. Refer to Florida State Statute 218.73 "Timely Payment for Non-construction Services". Q39) Does the City of Miami Beach have detailed job descriptions for each position? A39) Position descriptions shall not be provided as part of this Invitation to Bid as various job descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. Q40) How do we indicate that we agree that the markup percent is inclusive of all KNOWN components when rates are submitted? A40) Percentage markup offered is to include all expenses and overhead. Failure to honor proposed percentage markup rates may be cause for default. • Q41) How do we indicate that we request a review of those mark ups should the government implement an unforeseeable mandatory change in staffing firms costs? • (Some temporary skill codes are taxed in some states currently; there have been several attempts to apply sales tax to temporary staffing in the past.) A41) The markup proposed by successful vendor(s) shall remain fixed for a period of three hundred sixty five (365) days. After this period, the vendor may submit a price adjustment to the City based on unforeseeable conditions. Requests for adjustment to markup shall be • submitted to the City's Procurement Department for review. If the requested adjustment is approved the Procurement Department will formalize the adjustment by formal contract modification. It shall be further understood that the City reserves the right to reject any adjustment `. submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. • Any questions regarding this Addendum shall be submitted in writing to the Procurement Contact noted below: Contact: Telephone: Email: William Garviso 305-673-7000 ext. 6650 williamqarvisomiamibeachfl.gov 6IPae ITB 2015-052-WG Addendum No. 1 Additionally, the City Clerk's is to be copied on all communications via email at: RafaelGranado(c�miamibeachfl.gov or via facsimile: 786-394-4188 Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. • r 4 Al_ . •eni: "rocuremf. t Director • 7IPage ITB 2015-052-WG Addendum No. 1 "REVISED" PROPOSAL TENDER FORM Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will Jesuit in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive. All corrections on the Proposal Tender Form shall be initialed. Bidders may submit a percentage markup on either the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. All of the referenced Workers Compensation Codes must be offered under each category. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative(Office)Type Temporary Professional Services Percentage of hourly salary cost Clerical/Administrative: 7610, 8810, 8820, 8868, 9410 2. Industrial Type Temporary Professional Services Percentage of hourly salary cost Industrial: 0106, 3064, 5192, 5403, 5474,5506, 5509, 5606, 7520, 7580, 7704, 7720,8380, 8602, 9015, 9102, 9403 The overhead and expenses markup above shall be added to the Temporary Employees'pay rate to determine the bill rate. • Bidder's Affirmation. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Prompt Payment Terms %Net Day 8IPage ITB 2015-052-WG Addendum No. 1 EXHIBIT A Union Academy Design& Temporary Creative Staffing Technical Services Services Position Bill Rate Bill Rate Bill Rate Secretary) $ 17.11 $ 16.01 Secretary II $ 17.79 $ 16.00 Clerk Typist $ 17.11 $ 16.03 Clerk I $ 16.50 $ 16.08 Clerk II $ 16.74 $ 16.03 Clerk III $ 17.14 $ 16.06 Book Keeper/Accounting Clerk II $ 18.50 $ 16.10 Customer Service Reps/Complaint Operator $ 17.39 $ 16.02 Customer Service Reps/ Communication Operator $ 17.39 $ 16.03 Personal Technician I $ 17.55 $ 16.02 Carpenter $ 24.00 $ 16.62 $ 40.45 Light Duty Auto Mechanic $ 27.00 $ 16.61 Plumber $ 30.00 $ 24.35 $ 48.50 Service Worker $ 16.53 $ 16.05 • A/C Mechanic $ 30.00 $ 23.45 $ 53.70 • Painter $ 19.50 $ 16.65 $ 31.30 Procurement Specialist $ 18.20 $ 16.03 • Transportation Assistant 1 $ 17.79 $ 16.05 Transportation Assistant 2 $ 18.85 $ 16.04 Electrician $ 47.70 Laborer $ 28.25 9IPage M CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the City's Procurement Management Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three(3) months from the date the contract with the City is entered into. • For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date MAMBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits • Submit this form and supporting documentation to the City's Procurement Management Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; and B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare(or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State, Zip Name of Signatory(please print) Telephone Number Title Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such I. factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner(or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. 1 INVITATION TO BID TEMPORARY STAFFING SERVICES 2015-052-WG BID ISSUANCE DATE: NOVEMBER 14, 2014 BID DUE: DECEMBER 8, 2014 @ 3:00 PM ISSUED BY: .._. .,....,. 191f,•2015 William Garviso, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6650 I Fax: 786.373. 7490 I www.miamibeachfl.gov ewes 441=166. miwzrzorsiEziemsgaresineemplasztamagranwa 8~` s TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2015-05 2-WG 2 side Zabt. 4001111100. 111 •X15 SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a Contract, by means of sealed bids, with qualified contractor(s)for Temporary Administrative and Industrial Staffing Services, as specified herein, from sources that will provide prompt and efficient service. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued November 14, 2014 Pre-Bid Meeting November 20, 2014 @ 10:00AM Deadline for Receipt of Questions November 26, 2014 Responses Due December 8, 2014 @3:00PM Tentative Commission Approval Authorizing Award December PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: William Garviso 305 673-7000#6650 williamgarviso @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado a@,miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 20 l 5-05 2-WG 3 _ 191 •MIS S r ? _'b ( 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach; Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 ITB 2015-05 2-WG 4. 9411101444 •EIMMEMIWESIUMIENE t • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid-pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. ITB 2015-052-WG 5 • ;5• 15 fi l s 5 x' 9 f 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARD.The City may award up to three vendors(primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by ITB 2015 05 2-WG 6 A:_.. .001Miatib. 40110.1.0. lielialineUZZENZEMSNAMMOSSIONZEIVEMEMM 2015 the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 20.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books,.documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. ITB 2015 052- G 7 OA=CIESNMIVZIPIZVZA...... u - MS•V)1 \l'01\# 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten (10)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION.Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using ITB 201 5-05 2-WG 8 WWI 12512MNSINANNIENZIE ws ;fi r } r Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds ITB 2015-052-WG 9 for removing the bidder from the City's bidders list. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any ITB 2015-052-WG 10 �,.• ___,-_____,__-,__,--,_ a,151• I5 tf 71 and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade ITB 2015-052-WC 11 MEN INZEIINNEMENINVIMAIIMMAIEVISIMENEWA *maw monowasaremationsiataiiisr.m. 915 ! 3 County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. ITB 2015-052-WG 12 191 •X15 58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. ITB 2015-052-WG 13 4110eara4. 9441261. 10,1,5 r A pf. = 44 v- 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. ITB 2015-05 2-WG 14 SEZIVAIMUNEMMIMSUZIWAVII =so exwoursimmostavessavo C.4=16.2.33=4/1.6=0 se*.nrsetnettsamistotowsuzsts. 1777 1} SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1.SEALED BIDS. Deliver to the City of Miami Beach, Procurement Department located at 1700 Convention Center Drive, Miami Beach, Florida 33139. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three(3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix B). 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2015-052-WG 15 APPENDIX "A" Proposal Certification , Questionnaire & Requirements Affidavit ITB 201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: 2015-052-WG Solicitation Title: TEMPORARY STAFFING SERVICES Procurement Contact:William Garviso Tel: 305-673-7000#6650 Email: williamgarviso @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. Each Proposer shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:I/supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 5. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 6. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 9. Living Wage. On September 30, 2014,the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6,Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may,at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave _ Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable.Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 11. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt _ Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER',CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of , 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: APPENDIX B WSW IMMIMIZEZEMISEIMMENZONISCSIKNEVIESIM " No Bid " F ITB 201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note: If is,•iMportant for those verid`ors;who have received notifica'tion of•this sol ciktatiop but have decided, respond, to complete and submit the attached,``Statement of.N'o Bid." The "Statement of No Bid" provides the •City with'.information- on ,how° •to improve. the so_licitation process.. Failure to:submit"a,"Statement:.of No Bid" may:result in.not being notified of:fu:ture}.solicitaations bay the City. Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to ro osal p p Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: William Garviso, Procurement Coordinator PROPOSAL # ITB.2015-052-WG 1700 Convention Center Drive MIAMI BEACH, FL 33139 APPENDIX C riarsomunmaravnerawassicumumuszzsmamm Minimum Requirements & Specifications ITB 2015-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services. • The bidder shall provide a Dun and Bradstreet (D&B) report indicating a Supplier Risk Score rating of not less than 4. • The bidder shall maintain an office within the geographical boundaries of Miami- Dade, Palm Beach, Broward or Monroe Counties. • Provide listing of at least three (3) contracts of similar size and scope that have been awarded to bidder by public and private sector clients within the last three (3) years, (for each include organization name, contact person, address, telephone number, email address, and summary of scope of services provided). • Firm or Principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. • Firm or Principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (10)years. C2. Statement of Work Required. The successful bidder(s) shall provide the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City, to perform as a temporary agency employee, the duties, functions and responsibilities of the positions requested. C3. Specifications. 3.1 Administrative and Industrial-Temporary Professional Services 1) Candidates Submitted for the City's Consideration. Upon request from the City contractor shall provide candidates for the job classifications'requested by the specific department at the time and place requested. Typically, three or more candidates are required to be submitted for each vacancy at the discretion of the requesting department. Candidates shall be provided at no cost to the City. If the primary vendor fails to provide qualified individuals for the job classification requested within the specified lead time, the City will, request the services of the secondary and/or tertiary vendor. 2) Contractor agrees to provide only skilled, knowledgeable and experienced personnel to perform services on a temporary basis to the City. Contractor also agree to provide the City information on any candidate(s) whose quality of services had been previously determined to be unsatisfactory by any City department. 3) Background Checks. Any temporary staffing employee selected for placement in a City department must successfully complete a background check conducted by the City using the Florida Department of Law Enforcement (FDLE) Volunteer and Employee Criminal History System (VECHS). Drug Testing should be conducted in accordance with Title 49, Code of Federal Regulations, Part 40. The successful bidder(s) must provide 10 Panel drug testing of all personnel supplied to the City, and proof of drug test prior to the acceptance of any personnel approval for an assignment. Bidder's employees must test negative in order to begin work on any City assignment. Bidder shall bear all cost associated with the initial drug tests. The City's current 10-panel drug test and cut-off levels are as follows: Initial Test GC/MS Confirm Drug Level Test Level Amphetamines 1000 nq/ml 500 nq/ml Barbiturates 300 rig/ml 150 nq/ml Benzodiaze•ines 300 n•/ml 150 n•/ml Cocaine metabolites 300 nq/ml 150 no/m1 Man uana metabolites 50 n•/ml 15 n•/ml Methadone 300 n•/mI 300 n•/ml Methaqualone 300 nq/ml 150 nq/ml Opiates 2000 nq/ml 2000 nq/ml Phenc clidine 25 n•/m1 25 n•/mI Propoxvphene 300 no/m1 150 nq/ml In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40. In no case shall a candidate who tests positive for drugs or alcohol be submitted as a candidate for City assignment. 4) The City's representative and successful bidder shall mutually agree on the hourly salary, job description, minimum qualifications, duties and responsibilities for each position, as needed. The overhead and expenses markup proposed shall be added to the Temporary Employees' pay rate to determine the bill rate. No other fees or taxes are allowed. 5) Contractor must inform the City of any temporary staffing employee who will be accepted for assignment at the City when currently on assignment elsewhere. 6) No substitution of staff with lower skill-base will be acceptable without the prior approval of the City. 7) The Contractor agrees not to place an individual in any City department without the approval of the Human Resources Department. 8) The Contractor agrees not to place any individual in a temporary assignment with the City who was previously employed by the City as a regular employee without prior approval of the Human Resources Department. 9) Upon request from the City, Contractor must immediately replace any personnel providing services whose quality of services is unsatisfactory to that City department. The City will not be charged for unsatisfactory services. The City will exclusively determine if the quality of the services of any temporary personnel is satisfactory or unsatisfactory. 10) Should any person terminate employment with the Contractor while such person is providing services to the City department, Contractor must agree to immediately replace such person with a person having similar skill, knowledge and experience (with prior approval of the City). Contractor shall replace the person expeditiously at the same contracted bill rate for each position. If the Contractor fails to replace the person in a timely manner,the City reserves the right to access the services of another contractor. 11) The City shall have the right to determine the period of time and work schedule of all personnel provided by the Contractor to perform services as a temporary agency employee. The City will not warrant or guarantee the period of time or work schedule of any person provided by the Contractor to perform services at a designated department at the City. 12) All candidates placed in the City shall be employees of the contractor and, at no time, shall the City be liable for any employer responsibilities to the contractor's employee. 13) After 120 days, the City may hire the temporary employee with no penalty or cost to the City. Below please find a sample list of commonly used Class Descriptions and Workers Compensation Class Codes. This list is not exclusive. W/C Class Code Class Description Mosquito Extermination or Control by Spraying & Drivers, Tree 106 Department-All Employees and Drivers 3064 Sign Manufacturing/Screen Printing Parking Meter Repair&Salespersons, Drivers; Parking Meter 5192 Change Collectors&Salespersons, Drivers; 5403 Carpentry Painting of Stripes on Parking Lots& Drivers, Painting Shop 5474 Operations; Tank Cleaning (Oil or Gas Storage) Street& Road Construction: Paving, Repairing, Surfacing or 5506 Resurfacing&Drivers Street Cleaning & Drivers, Street& Road Maintenance& Drivers, 5509 Traffic Line or Road Marking & Drivers Project Manager, Construction Executive, Construction 5606 Manager/Superintendent Waterworks Operation -All Employees including Store Employees 7520 & Drivers 7580 Sewage Disposal Plant Operation &Drivers Radio/Television Broadcasting employees, clerical, drivers, field 7610 workers 7704 Firefighters &Drivers Police Department Staff(non policemen), Criminal Laboratory 7720 Technician, & Drivers, Automobile service or repair& Drivers; Parts& Service 8380 Department employees 8602 Surveyors, Oil/Gas Geologists& Drivers Secretary, Clerical Office employees Auditor(in-house), Computer System Designers/Programmers(exclusively in the office), Telephone Answering Service, Chairman of Board of Elections & Polling Clerks, City Clerk, Mayor&Commissioners, City Manager, 8810 City Planner, Personnel Board, Planning Board, Register of Deeds Attorneys, All Employees&Clerical, Messengers & Drivers in the 8820 Law Office 8868 Schools- Professional employees Building & Property Management/Maintenance& Drivers; Public 9015 Swimming Pool Operation 9102 Parks & Drivers; Lawn Maintenance Garbage/Trash Collectors- Including Containerized Collection & 9403 Drivers, Dump Operations- Employees&Drivers, 9410 Building Inspector, Electrical Inspector 3.2 City of Miami Beach Living Wage Rates. Under this contract, the wage rate paid to the personnel employed by the bidder for the work under the contract shall not be less than the City of Miami Beach Living Wage Rate. On September 30, 2014, the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6, Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to $13.31 an hour without health benefits or $11.62 an hour with health benefits of at least $1.69 an hour with an effective date of January 1, 2015. Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non- responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. 3.3 Pricing. Bidder shall quote a percentage markup to be added to the pay rate for the placed candidate and shall be inclusive but not limited to, all expenses, profit, overhead and all applicable taxes. The City and Contractor shall agree on the salary of the temporary staff person at the time of the engagement for that position. 3.4 Invoice and Payments. Payment shall be made upon the certification by an authorized City representative that the work assignment is satisfactorily completed. The vendor(s) supplying Temporary Employment Agency Services to the City of Miami Beach are required to furnish the following information on their pre-numbered imprinted business invoices and weekly job tickets for personnel performing services. A. Purchase Order Number B. Job number C. Assignment location D. Individuals Full Name E. Employee Number F. Job Classification G. Date H. Number of hours Worked I. City Acceptance/Authorized Signature. 3.5 Temporary Personnel Database Reporting. Successful Contractor shall create and maintain a data base to include all temporary personnel assigned the City, listed by individual, to include rate of hourly pay, total hourly bill rate, total number of hours worked monthly, total number of hours worked annually, total hourly rate paid to the temporary, employee, total bill rate paid by the City, date of temporary employee began assignment with the City and date temporary employee ended assignment with the City. This data must be forwarded to the City on a monthly basis with cumulative report sent at the end of the calendar year. The Contractor must agree to provide the City with custom reports on temporary employees as needed. • • APPENDIX D rates .4011111**. Afillitim t Special ITB 2015-052-W G TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 1.TERM OF CONTRACT.This contract shall be for thirty six(36) months. 2. RENEWAL TERM: The City shall have the option to renew this contract for an additional thirty six (36) month term, provided the bidder will maintain the same percentage markup, terms and conditions. 3. PRICES. If awarded a contract under this bid solicitation, the percentage markup quoted by the bidder on the bid form shall remain fixed and firm during the term of the contract; provided, however that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. APPENDIX E „dom. 5. wane. wws.eaossaaw"snuarrasasweemeemat F Cost ITB-201 5-O52WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 APPENDIX A PROPOSAL TENDER FORM Failure to submit.Section 5,Bid Price Form,'in its entirety and fully executed by-the deadline established for the receipt of proposals will result in proposal,being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative (Office)Type Temporary Professional Services Percentage of hourly salary cost 2. Industrial Type Temporary Professional Services Percentage of hourly salary cost The overhead and expenses markup above shall be added to the Temporary Employees'pay rate to determine the bill rate. Bidder s Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: APPENDIX F 77:7777777f, , Insurance Requirements ITB 201 5-052-WG TEMPORARY STAFFING SERVICES • INSURANCE REQUIREMENTS The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. A waiver of subrogation in favor of the City must be provided for the insurance required above. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ATTACHMENTS C I s,. creativestaffing 7700 North Kendall Drive, Suite 304 Miami, FL 33156 response to: City of Miami Beach ITB 2015-052-WG Temporary Staffing Services Attn: Mr. William Garviso DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, FL 33139 Due December 8`'',2014, 3:00pm ci()py APPENDIX E sisemarlommanastmancsamagagmarizatam .. ._.._ __ §915 7015 ti Cost ITB-201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 1 ITB 2015-052-WG Addendum No. 1 "REVISED" PROPOSAL TENDER FORM Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established.for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. • Bidders may submit a percentage markup on either the Administrative(Office)Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. All of the referenced Workers Compensation Codes must be offered under each category. EXPENSES AND OVERHEAD • PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative(Office)Type Temporary Professional Services 32 % Percentage of hourly salary cost Clerical/Administrative: 7610,8810,8820,8868,9410 2. Industrial:Type Temporary Professional Services 39 °% Percentage of hourly salary cost Industrial: 0106,3064,5192,5403,5474,5506,5509, 5606,7520,7580,7704,7720,8380,8602,9015,9102,9403 • The overhead and expenses markup above shall be added to the Temporary Employees'pay rate to determine the bill rate. Bidders Affirmation Company: Creative Staffing Authorized Representative: John Bitterman Address: 7700 North Kendall Drive,Suite 304,Miami,FL 33156 Telephone: 305-279-7799 Email: johnbitterman @creativestaffing.co Authorized Representative's Signature: ' g j .4rie Prompt Payment Terns .5 %Net_ Day 8IPage 2 APPENDIX "A" .▪ 4110fiebb. AIMS re▪zaramomarammatastarisumanistataarm Proposal Certification , Questionnaire & Requirements Affidavit ITB 201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: 2015-052-WG Solicitation Title: TEMPORARY STAFFING SERVICES Procurement Contact: William Garviso Tel: 305-673-7000#6650 Email:williamgarviso @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Creative Staffing, Inc. No of Years in Business: 29 No of Years in Business Locally: No of Employees: 1 29 12 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 7700 North Kendall Drive, Suite 304 CITY: Miami STATE: ZIP CODE: Florida 33156 TELEPHONE NO.: 305-279-7799 TOLL FREE NO.: FAX NO.: 305-598-9692 FIRM LOCAL ADDRESS: Same as above CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: John Bitterman ACCOUNT REP TELEPHONE NO.: 305-279-7799 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: johnbitterman @creativestaffing.com FEDERAL TAX IDENTIFICATION NO.: 59-2606349 The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 4 Please see pages 10 and 11 for answers to the question posed in this section 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity.Each Proposer shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:ll supplierportal.dnb.comlwebapplwcsl stores lservlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 5. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5 6. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an public sector agency? YES X NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 9. Living Wage. On September 30,2014,the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6,Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid,under which the City may,at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. 6 A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? X YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? X YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 11. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt _ Receipt JB Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing l make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicants affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk.Proposers should rely exdusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 8 I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: John P. Bitterman President/COO Si..jf re of Proposer's thoi -.Repr,- '-I've: Date: . 1.161.#404,___ 101/5 j/CO.ifi- voi of r . I�_�r0 State o ) On this 20_, ersonally 0 r) appeared before m , 'i ho t� Co_my of 11 Gl�a stated that (s)he is the ' i Oiof ,74. .j:. -ir' , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its. board of directors and acknowledged said instrument to be its voluntary act and deed. Befo e me: �� r A T £got 'ublic for the State of _SUEM YaitnetVallelo Notary Public: State of Florida - My Commission Expires: - 7 l �` Mv^�mrriisslon#EE st 5 2016 9 CREATIVE STAFFING'S RESPONSE TO BID SOLICITATION#2015-052-WG APPENDIX"A" PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT 1) Creative Staffing is not Veteran-owned. 2) Creative Staffing has requested a Supplier Qualification Report from Dun & Bradstreet. This form will be submitted directly to the Procurement Department. 3) No litigation or regulatory action has been filed against Creative Staffing at any time. 4) Creative Staffing has no conflict of interest with any officer, director,agent or immediate family member who is an employee of the City of Miami Beach. 5) References& Past Performances (Please see page 25 for an Executive Summary and page 26 for Award and Honors) a. City of Homestead Ms. Xintia Rubio,Purchasing Manager 790 North Homestead Blvd. Homestead, FL 33030 305-224-4524 crubio @cityofhomestead.com Narrative:Bid. Municipality. Staff for all city departments including Human Resources, Purchasing, Customer Service, _ City Manager's office etc. 99%of orders are of a clerical nature. b. Vento Dynamics/Casino Miami Jai Alai Ms. Diane Vento, C.E.O. 5902 S.W. 166th Court Miami, FL 33193 (305)491-7044 ventodynamics @gmail.com Narrative:Creative Staffing was hired to place more than 400 employees for the Grand Opening of Casino Miami Jai Alai in 2012. personnel,This was a long-term project to hire 1.T. employees, Financial pe so el H , u man Resources, Technical-Specialty positions(Poker Dealers), Marketing professionals, Hospitality workers and Janitorial staff. c. City of Miami Beach(Parking Department) Mr. Manny Marquez, Revenue Manager 1755 Meridian Avenue#100 Miami Beach, FL 33139 (305)673-7000 X 6704 mannymarquez @miamlbeachfl.gov Narrative: Creative Staffing has been a responsible vendor to the City of Miami Beach since 2006. Staffing for numerous city departments including Planning,Accounting, 10 Human Resources, Permitting, and Parking. Parking reference provided,since this is a high usage department that we work very closely with. 6) Creative Staffing has never been debarred,suspended or experienced any legal violation or any contract cancellation due to non-performance for any client. 7) Creative Staffing has not directly nor indirectly made any campaign contributions for the City of Miami Beach. 8) Creative Staffing will comply with all applicable governmental rules and regulations, including, among others,the conflict of interest, lobbying and ethics provisions of the City of Miami Beach and Miami-Dade County. 9) Creative Staffing will comply with City of Miami Beach Living Wage Ordinance and pay a minimum of$13.31/hr.without the health benefits, or$11.62/hr. with health benefits. 10) Creative Staffing's FTE is less than the required 51 employees throughout the year; However, Creative Staffing supports and adheres to equal benefit policies for employees with spouses and domestic partners. 11) No member of Creative Staffing has been charged or convicted of any public entity crime at any time. 12) Creative Staffing acknowledges receipt of Addendum 1. 11 APPENDIX B a WSW SEMENIIMENEWANSZESNMOZZIMMEMORS 9 =fatarsersoftessirusfaskoraus.so lei 5 2015 A A A " No Bid " F ITB 2015-052-W G TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note: -lt is•important for those vendors,Who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement.a-f.No Bid. The "Statement of No Bid" provides the. City V+. with..information on `how to improve -the solicitation -process. Failure to submit say "Statement of No Bid" may result in not being notified of futuresolicitati:ons by the City 12 N/A-Creative Staffing is responding to this bid Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: William Garviso, Procurement Coordinator PROPOSAL# ITB 2015-052-WG 1700 Convention Center Drive MIAMI BEACH, FL 33139 13 APPENDIX C ...„ Awe.. Am.. . �? ;Si J �s ..fix .. Minimum Requirements Specifications ITB 201 5-052—WG TEMPORARY STAFFING SERVICES • DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 • 14 APPENDIX C: MINIMUM REQUIREMTENTS&SPECIFICATIONS C1) MINIMUM REQUIREMENTS • Creative Staffing has requested the D&B Report indicating our Supplier Risk Score Rating. This report has been sent directly to William Garviso from the D&B website,as requested in the bid. A copy of the receipt has been included in this document on page 28. • Creative Staffing has two offices within Miami-Dade County. A copy of Creative Staffing's current occupational license for its corporate office has been included in this document. Creative Staffing's current occupational license can be found on page 27. • Creative Staffing has numerous contracts of similar size and scope. o City of Homestead Ms. Xintia Rubio,Purchasing Manager 790 North Homestead Blvd. Homestead, FL 33030 305-224-4524 crubio @cityofhomestead.com Narrative:Bid. Municipality. Staff for all city departments including Human Resources, Purchasing, Customer Service, City Manager's office etc. 99%of orders are of a clerical nature. o Vento Dynamics/Casino Miami Jai Alai Ms. Diane Vento,C.E.O. 5902 S.W. 166th Court Miami, FL 33193 (305)491-7044 ventodynamics @gmail.com Narrative:Creative Staffing was hired to place more than 400 employees for the Grand Opening of Casino Miami Jai Alai in 2012. This was a long-term project was to hire I.T. employees, Financial personnel, Human Resources, Technical-Specialty positions(Poker Dealers), Marketing professionals, Hospitality workers and Janitorial staff. a. City of Miami Beach (Parking Department) Mr. Manny Marquez, Revenue Manager 1755 Meridian Avenue#100 Miami Beach, FL 33139 (305) 673-7000 X 6704 mannymarquez @miamlbeachfl.gov. Narrative: Creative Staffing has been a responsible vendor to the City of Miami Beach since 2006. Staffing for numerous city departments including Planning,Accounting, Human Resources, Permitting, and Parking. Parking reference provided,since this is a high usage department that we work very closely with. 15 • Creative Staffing, nor any principal, has ever had a contract terminated for default by the City of Miami Beach. • Creative Staffing, nor any principal, has ever been involved in any corporate bankruptcy at any time. C2) STATEMENT OF WORK REQUIRED: Agreed C3) SPECIFICATIONS 3.1) ADMINISTRATIVE$ INDUSTRIAL:Creative Staffing agrees with all 13 specifications included in section 3.1. 3.2) CITY OF MIAMI BEACH LIVING WAGE RATES: Agreed 3.3) PRICING: Agreed, as per this ITB. 3.4) INVOICE& PAYMENTS: Agreed 3.5) TEMPORARY PERSONNEL DATABASE REPORTING: Agreed 16 APPENDIX D „ma.. e 1112 AINIESSEAWOM gicasamarmasisunan AI Special ITB 201 5-052—WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 17 APPENDIX D: SPECIAL CONDITIONS 1. TERM OF CONTRACT: Agreed, as per addendum 1 revisions. 2. RENEWAL TERM: Agreed,as per addendum 1 revisions. 3. PRICES: Agreed, as per addendum 1 revisions. 18 APPENDIX E • MilAINERSIMINIMARMENUMM 191 2015 Cost ITB-201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 • 19 APPENDEX E: COST PROPOSAL FORM SEE TAB 1 FOR REVISED PROPOSAL TENDER FORM 20 APPENDIX F 1915 2015 Insurance Requirements ITB 201 5-052-WG TEMPORARY STAFFING SERVICES APPENDIX F: INSURANCE REQUIREMENTS Agreed. Sample Below CERTIFICATE OF LIABILITY INSURANCE I 2/12/2014 producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no 2739 U.S.Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday,FL 34691 or alter the coverage afforded by the policies below. (727)938-5562 Insurers Affording Coverage NAIL# Insured' Insurer A: Lion Insurance Cbrrpany 11075 South East Personnel Leasing,Inc.&Subsidiaries 2739 U.S.Highway 19 N. Insurers: Holiday,FL 34691 Insurer C: Insurer D: Insurer E: Coverages Tie Nitres WWI mice listed to eau late to el tared b tie toured 1 awed atcue br tie pollorperbd Ildkated.Notultlataldllg ant req ulreme It.it m or coIdldos Wary co Itectorotie rdocume It wIll respect b oak cl tits ce rtmcatemaite ltatedor may pe nab,tie tstralce maned bytie policies deacrbed litre it 0:utlectt all tie 4 mice xelusa is.aid coldIWI sofsrci policies.AggEga4 Ito ILO aim'mat iaue beer educed by paldcnis. INSR ADDL Policy Effective Policy Expiration Limits LTR INSR0 Type of Insurance Policy Number Date Date (MMIDD/YY) (MM/DD/YY) GENERAL LIABILITY Eacl Score Ice $ ommerdal General Liability Cy mmage a re14dpemtaea(FA Claims Made ❑ Occur occ.rte.Ce) $ MO Exp $ Personal Adv Injury $ General aggregate limit applies per: .� 3 Polb1 ❑Prefect 1:1 LOC OeleraI ff regae $ Proalets-Comp,op Agg $ AUTOMOBILE LIABILITY OomblledSllgle Litt �AAcileI9 $ Ant Auto BodlyaIrry All Ow ue d Artoa 41 e r Pe Taos) $ Soled.Cd Albs Hired Albs godly III/ry ND 1-0wl le d Altos QerAcctiely $ P rope ry Damage yereccoeso $ EXCESS/UMBRELLA LIAB ILITY Eaacl Net re Ice ROccur 0 eta Ins!trade Aggregat DedrelbO A Workers Compensation and WC 71949 01/01/2014 01101/2015 x I WC Statu. I I OTH- E rrployers'Liability tory Limas ER Any proprietor/partner/executive officer/member E.L.Each Accident $1 Am mD excluded? NO E.L.Dsease-Ea Enployee $1 Ammo If Yes,describe under special pro tisions below. E.L.Disease-Policy Limits $t Am ma Other Lion Insurance Company is A.M.Best Company rated A-(Excellent). AI N)#12616 Descriptions of OperationsLLocations1VehiclesJExclusions added by Endorsement/Special Provisions: Client ID: 25.67.001 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Carrrany°: Creative Staffng,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory en-ployee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Compalycan be obtained byfaxing a request to(727)937-2138 or bycdling(727)938-5562. Project Name: R1 BID PLRPO OILY ISSUE 2.12.14(MT) Elgin D ate 1 213 11 201 2 CERTIFICATE NOLOER CANCELLATION CYe alive Staffing,Inc. —Slot Id ally of be about descrtled po Holes De cal ce Iled bet re tie exp letb I date tie re of,tie(1:1159 I.surer w itt e s de ato r b ma 1130 daft'urn I I otte C tie ce rVlka4 to lle r lamed b tie Ieit,b ut bilu R b dorm a 1 anti pose I o[b gatbl or I0blily of a ly COO rpol tie balm r,It age it or rep rese sbttle a. 7700 N.Kendall Dr.,Suite 304 Mom'. FL 33156 - 22 „s�...."..1 CREAWOR-01 BEATYL /`9WR /° DATEIMMIDDNYW) �- CERTIFICATE OF LIABILITY INSURANCE 7/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Office of America-LNG PHONE 407 788-3000 ;FAX Na 407.788-7933 1855 West State Road 434 [ No ): _� w...:-...,.t..4__,J__):,."„,.._........w,,...._...... Longwood,FL 32750 aooRless: INSURER(S)AFFORDING COVERAGE 1 NAIL a ..._ INSURER A:Zurlctl American Insurance Company........_.-.--"..16$3$_.._....._. INSURED INSURER B: ______ Creative Worldwide,LLC;Creative Workforce,LLC;Creative "° "°--- __ __ .., _. „_ "._.,._._.__. _ Staffing,Inc. INSURER c: ,ry 7700 North Kendall Drive INSURER D Suite 04 Miami,FL 33156 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR "........_...__....__.._."._._.__....°'.'-.'._-._____"."r1106t ISTIBRr POLICY i=FFF!...POLICY EXP°"""-""-."......•_.."""._.""_•."__,"_,,.,,._._.•.."."•,.".""..___. LTR TYPE OF INSURANCE I MD wvo POLICY NUMBER IMM)DDIYYYY)I(MM/DOIYYYY)'= LIMITS A LX COMMERCIAL GENERAL LIABILITY I t j 1 I I EACH OCCURRENCE '$ 1,000,000 ,i CLAIMS-MADE 1 X:OCCUR 'PRA585353602 07!11/2014 07/11/2015 P SES Ea er,oa 1$ 100,000 i I _, €MEO EXP(A�rr one person) 13 1 o.oao 1 `PERSONAL Z AOV INJURY 13 1,000,000 1 GENL AGGREGATE LIMIT APPLIES PER: I 1 j I GENERAL AGGREGATE s 3 2,000,000 i____21 POLICY s`j EO !X LO, ( I '1 I j j PRODUCTS•COMP/OP AGO I S 2,000,000 OTHER: I ( 1 I$ AUTOMOBILE luaBiUTY ( I I COMBINED SINGLE LIMIT o 1 000 000 A L 1 ANY AUTO I ;PRA585353602 [07/11/2014 07!11/2015 BODILY INJURY(Pe person) I$ ALL OWNED `"'"'j SCHEDULED ; # [ BODILY INJURY(P accident) S I I AUTOS 1,•,•,•,•;AUTOS 1 I I 1 X 13(I NON•OWNED i I I € I TROPlrF —-._ $ HIRED AUTOS ;AUTOS I I I PeractK:enl} ! I i $ UMBRELLA UAS OCCUR I I EACH OCCURRENCE 1$ N —_ .w. 1 I 1 EXCESS um) I [CLAIMS-WADE! I AGGREGATE "3 £S DED I I RETENTIONS I I 15 1i WORKERS COMPENSATION I I I i STATUTE i I ER II LAND EMPLOYERS'U ABILITY 1 I"___,.m..,_.�,,,.,"..„_"„",_",,.,_ —- -- !III ' ANY PROPRIETORJPARTNE XECIJIIVE YIN I k ;E L.EACH ACCIDENT $ I OFRCSSRRAEMBER EXCUJOEED I 11N I A 1 - -.-w-- -„N--••- — A. I(Myya�ondatory in NH) I s {E. I 1 L DISEASE•EAEMPLOYEEI$ DESCR PTION O OrPERATIONS t I 1 EL DISEASE-POLICY LIMIT 13 A !Crime I I 1PRA585353602 07/11/2014107111/20151 100,000 A !Professional Liab I I IPRA585353602 07/11/2014 j 07/1112015 Per Occurrence 1,000,000 1 I 1 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additlonal Rotnarks Schedule.may In altachod If more apace is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE :INSURED'S COPY FOR INFORMATIONAL PURPOSES ONLY '- ©198&2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 23 Aillabibis UMW ANIMINEMNallk 411111111.111101k savirismartstirerifrartt POW sMOMONNIMMINNIONSW Additional Information ITB-201 5-052-W G TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Executive urnmary *crtvesta1fi g .t. Creative Staffing was founded in 1985 by Ann Machado. Almost since its inception, CSIo has been recognized for its capability in filling high-end executive searches to large- volume production orders in the 50-person to 500-person project category. •;,a CSI is a certified minority firm that has won numerous community,civic,professional and charitable awards including Inc 500 list of fastest growing companies, Entrepreneurial Excellence Award,United Way Starfish Award,Working Women's Top • 500 Women-Owned Businesses. For more than 10 years,CSI provided in excess of 500 temporary workers for Dole Fresh Flowers/Sunburst Farms during their Valentine's Day and Mother's Day projects. CSI has staffed numerous positions in the past for the Super Bowl,World Series,Lipton Tennis Tournament,and NASCAR. CSI has been consistently re-selected in competitive t ` bids with local municipalities with stringent and comprehensive vendor selection processes. Creative Staffing has been a selected staffing vendor for the City of Miami r••,; Beach since 2006. Many of Creative Staffing's temporary associates have been selected to become full-time City of Miami Beach employees. CSI invested heavily in an industry-specific web-based search and retrieval system, .which tracks applicants, test scores,I-9,background checks and other applicant information. This system permits CSI to provide our clients sophisticated,managerial and accounting reports. • We are proud to say that our senior management team, led by our President/COO John Bitterman,is very"hands on"with all corporate projects. With all of Miami's various • hurricane disasters over the years we have kept our operations open as soon as government officials permitted citizens to move about and our accounting team has never missed a payroll in any one of our locations. • We are well-known for our ability to provide innovative staffing solutions,including "pay for productivity staffing,"and was the first independent staffing firm in Miami to offer a"Vendor on Premises"Program. We hope that you will agree that CSI is well-qualified to recruit,hire and partner with • you on your staffing needs. • Contact Information: John Bitterman Ann P.Machado President/COO CEO 7700 North Kendall Drive Email: annmachado@creativestaffing.com Suite 304 Miami,FL 33156 305.322.9284 cell Web: http://www.creativestaffing.com 305.598.9692 fx 305.279.7799 ph Email:johnbitterman�c.creativestaffing.com 25 Who we are Awards & Honors Award Organization Year Staffing Company of the Year Minority Chamber of Commerce 2013 Best of Hialeah—Temporary and Hialeah Award Program 2013 Full-time Employment Services Top Florida Women Led Businesses University of Miami and the 2011&2012 Commonwealth Institute of South Florida ..< 2010 Woman Extraordinaire South Florida Business 2010 Leader Top Florida Women Led Businesses The Center for Leadership at FIU 2009&2010 and the Commonwealth Institute of South Florida Winner,AXA Advisors, Coral Gables Chamber of 2007 Business Woman of the Year Commerce Top 50 Florida Women Led Businesses The Center for Leadership at FIU 2006 and the Commonwealth Institute of South Florida Note. Starfish Award United Way 2005 Recipient,"Miracle Maker"Award Big Brother/Big Sister 2004 Of South Florida Finalist,Woman Entrepreneur of the Year South Florida Business Journal 2001 Finalist,Jean Bellamy Award Greater Miami Chamber of 2000 Commerce Finalist,Thelma Gibson Award Women's Chamber of Commerce 2000 Listed"500"Largest Women Working Woman Magazine 1998 Owned Businesses in the U.S.A. National Woman Entrepreneur of the YWCA of the U.S.A. 1998 Year Finalist,Cutting Edge Award Greater Miami Chamber of 1995&1996 Commerce Entrepreneur of the Year for American Red 1995 Women Entrepreneurs Cross Trendsetter Barometer Cooper&Lybrand 1994 Blue Chip Enterprise Initiative Award Nations Business&U.S.Chamber 1994 of Commerce Business Woman of the Year Beacon Council,NAWBO 1994 Positively Miami MCI 1994 (Customer Service Award) Finalist,Entrepreneur of the Year Inc.Magazine,Merrill Lynch,Ernst 1993 &Young Named to Inc.500 List Inc.Magazine 1993 Abilities Volunteer of the Year Abilities of Florida 1992 Ocreativestaffing 26 1A y y 4) Tr N. i'+l � �, o >0 u MM' io W 2 C . Cel /�� -6_ Q Z V I v E N _W COO i Wx p Y CILW �2 W �W2 Q }F P W ° a a4o.meV t p N (n Ip LLI ti W O 2a V a «� V Z w>. ac a �E o « -° E ° � H Z W'm g a 1...E.E w N N 7 y 2 mom m C r G sl CA m=o �� z 40) z� _y.? ■tee H g, o a i- a W 3w may. d CD _O Uzn CO>-* -aa E ,1.--- '21 m c N w.= ,. C Q� z �M 2=O' p •ip c Nd in" '==m H E I. U) ' V N C p .0 ,/w� 67 N E CA J .v g E `m ®m t� m p oco- a z Yt o. II NM CD Cr) Q V en �a !t) V V Z - - m.2 o �I (n Q V .0'om 61 W N uv z =mEW „� F=1- W Z M V m m.-. cc C6 uLL. F- Z n`oo .0. ._ Q Q Q N ,.._. p at H �� z F— co M _o . y co M tr) *-`m° co W > Nu.. j F-co iii o J2 - mUN o� 27 0 0 ,_ ,_ .4.....-k ig .IS W V 2 o �-' rn 0)EA- 0) 0) L. CD EA 0 (NS U) 0 I- O U ._ <a y o O a }♦+ .. C.) C L CO j O n •na CC A -2 0) U U *+ L 1 N w•Cl) 0 p c6 0 O r D. L O C o :L w O oo _o L — co O O = �_ N +- (n N Ce ? O O Cl) .o O L C - T CO O o N ii; Q r '- c Awa a ♦.+ T L V T r°) _ a � L � le U Z v o T. a co p L O c Q 0 G) o t 6 Q G co U f, Y a II 0 - RC U co U s y .:, o co 4ml CO - -- G� .� U E a CD Cr) C 1.- H – c L a w j Ce a r v a a) o L 0 ,- N a cc CD co D Q u) M c U O N 0. C O I m C i E i0 w Ci :(5 ti > 0. o to r N CI = a •zr U a r u) N N .�_n A._ "FIN 28 L eL ATTACHMENTS D