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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
TANDEM STAFFING SOLUTIONS, INC.
FOR
TEMPORARY PERSONNEL SERVICES ON AN "AS NEEDED" BASIS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 37-04/05
THIS AGREEMENT made and entered into this J~day of 5v,~ ~ ,2006,
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as
City), a municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and TANDEM STAFFING SOLUTIONS, INC.
(hereinafter referred to as Contractor), a Delaware corporation, whose address is 1690
South Congress Avenue, Suite 210, Delray Beach, Florida, 33445.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Contractor.
City Manager:
The Chief Administrative Officer of the City.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to
be an independent Contractor, and not an agent or employee of
the City.
Services:
All services, work and actions by the Contractor performed
pursuant to or undertaken under this Agreement, as described in
Section 2 and "Exhibit "A" hereto.
Fee:
Amount paid to the Contractor to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention
Center Drive, Third Floor, Miami Beach, Florida 33139, telephone
number (305) 673-7000, Ext. 6435, and fax number (305) 673-
7023.
1
SECTION 2
SCOPE OF SERVICES
2.1 GENERAL
The City is entering into this Agreement for temporary personnel services, on an
"as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together
with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto,
attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the
Services). Temporary personnel are needed to cover for regular City employees who
are on vacation or leave of absence; to temporarily fill vacancies until they are
permanently filled; and to work on special projects.
2.2 MIAMI BEACH ONE-STOP CAREER CENTER
Contractor hereby agrees to utilize best efforts work with the Miami Beach One-
Stop Career Center to recruit potential employees.
2.3 SCREENING. INTERVIEWING. TESTING AND TRAINING
Contractor will be responsible for, and provide to the City, supporting
documentations for screening, interviewing, testing and training of temporary personnel,
to include:
- In depth interview that includes job preferences, experience, goals, interest, attitudes,
motivation and other work-related attributes.
- Job-related tests to include typing and communication skills.
- Background checks, to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds), all to be performed at the
same level of stringency the City uses for screening its own employees for hire.
- Verification that its employees are not convicted sex offenders.
- Training employees on the City's Service Excellence Program.
2.4 INDEPENDENT CONTRACTORS
For the purpose of this Agreement, Contractor acknowledges and agrees that any
and all temporary personnel assigned by Contractor to provide services to the City
pursuant to this Agreement shall be deemed to be independent contractors and agents
or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees. Further each personnel shall not be deemed entitled to
Florida Worker's Compensation benefits as an employee of the City, or accumulation
of sick or annual leave.
2
SECTION 3
COMPENSATION
3.1 FEE
Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", based on the temporary personnel services provided, as needed, by the
City. The hourly rates set forth in this Agreement shall remain fixed and firm for the
duration of the Agreement, subject to negotiation based on Consumer Price Index -
Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate
increases.
3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW
Contractor acknowledges that it shall be required to compliance with the City's
Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as
same may be amended from time to time. At the commencement of this Agreement,
pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be
required to pay all employees who provide services pursuant to this Agreement, a living
wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits
for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an
hour without health benefits. Contractor's failure to comply with this provision shall be
deemed a material breach under this Agreement, under which the City may, at its sole
option, immediately terminate the Agreement, and may further subject Contractor to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as may
be amended. The most recent copy of the City's Living Wage Ordinance is attached as
Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole
responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well
as any subsequent amendments thereto.
3.3 TEMPORARY TO PERMANENT
In the event that that the City, at its sole discretion, elects to employ a temporary
employee, no fee and or penalty of any kind (resulting from the change in status of the
temporary employee from temporary to permanent), shall be assessed by the
Contractor.
3.4 INVOICING
Contractor is required to furnish the following information on its invoices for
temporary personnel supplied to the City:
- Purchase Order number issued by the City's Procurement Division
- Department and location within the City of temporary services provided
- Full name of individual performing the service
- Job classification
- Number of hours worked, by date
3
All invoices are subject to verification, approval, and processing by the City department
requesting the temporary personnel.
3.3 METHOD OF PAYMENT
Payments shall be made for Services satisfactorily rendered within thirty (30)
days of the date of proper invoice. Contractor shall provide invoices in duplicate to the
manager or department head of the City department utilizing the temporary personnel
for which the invoices are for.
With a copy to:
City of Miami Beach
Accounts Payable Department
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable Services. In its
performance of the Services, the Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for an initial term of two (2) years
commencing on the last date of execution of the Agreement by the parties hereto. At its
sole discretion, the City may renew this Agreement upon the same terms and
conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30)
days written notice to Contractor (such notice to be provided prior to the end of the initial
term or a renewal term, as the case may be).
4.4 TIME OF COMPLETION
The Services to be rendered by the Contractor shall commence upon receipt of a
Purchase Order from the City, subsequent to the execution of the Agreement. The
Services shall be ongoing for the Term of the Agreement, on an as needed basis.
4
4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-contractors, or any other person or entity acting under Contractor's control,
including without limitation any and all temporary personnel assigned to the City
pursuant to this Agreement, in connection with the Contractor's performance of the
Services pursuant to this Agreement; and to that extent, the Contractor shall pay all
such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The parties agree that one percent (1 %) of the total compensation to the
Contractor for performance of the Services under this Agreement is the specific
consideration from the City to the Contractor for the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION. SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its
violation of the particular terms of this Agreement and shall grant Contractor ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the
City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Contractor. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
to bring permissive counter claims against the City in any such action.
5
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND
OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR
PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO,
AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S
SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY
AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT
ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER,
THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR
SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS
REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Contractor
under the Agreement until the Contractor complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall
be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Contractor. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City.
6
4.8 AUDIT
Contractor shall keep such records and accounts and require any and all
subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall
be available at all reasonable times for examination and audit by the City and shall be
kept for a period if three(3) years after the completion of all work / Services to be
performed pursuant to this Agreement.
The City reserves the right to perform audit investigations of the
Contractor's payroll, and any other records, of employees assigned to the City. The
City's audit rights shall include, without limitation, ascertaining Contractor's compliance
with screening, interviewing, testing, and training requirements( pursuant to subsection
2.3) and the City's Living Wage Law. Contractor shall maintain any and all records
necessary to document compliance with the provisions of this Agreement, and shall
make available to the City, upon request; such records for audit and examination
relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
Contractor shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance which shall be maintained with
insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these
requirements must be approved by the City's Risk Management Department prior to
implementation of same):
1. Commercial General Liability: A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property
damage in the amount of a combined single limit of not less than $1,000,000
Coverage shall be provided on an occurrence basis. The City of Miami Beach
must be named as certificate holder and additional insured on policy.
2. Worker's Compensation: A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as
required per Florida Statutes.
Said policies of insurance shall be primary to and contributing with any
other insurance maintained by the Contractor or City, and shall name the City and the
officers, agents and employees of said organizations as additional insures under this
Agreement. Policies cannot be canceled without thirty (30) days prior written notice to
the City.
The Contractor shall file and maintain certificates of all insurance policies
with the City's Risk Management Department showing said policies to be in full force
and effect at all times during the term of the Agreement. No work shall be done by
7
Contractor during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers or carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by the
City's Risk Manager prior to commencement of any work or services under the
Agreement.
If any of the required insurance coverages contain aggregate limits, or
apply to other operations of the Contractor outside the Agreement, Contractor shall give
City prompt written notice of any incident, occurrence, claim settlement or judgment
against such insurance which may diminish the protection such insurance affords the
City. The Contractor shall further take immediate steps to restore such aggregate limits
or shall provide other insurance protection for such aggregate limits.
4.9.1 Failure to Procure Insurance
Contractor's failure to procure or maintain required insurance coverage
shall constitute a material breach of Agreement under which City may, at its sole option,
immediately terminate the Agreement.
4.10 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of any and all sub-contractors, and any other person or entity acting
under the direction or control of the Contractor including with out limitation, any and
all temporary personnel provided in the City pursuant to the terms and conditions of
the Agreement. When the term "Contractor" is used in this Agreement, it shall be
deemed to include any sub-contractors and any other person or entity acting under
the direction or control of Contractor.
For the purpose of this Agreement, Contractor acknowledges and agrees
that any and all temporary personnel assigned by Contractor to provide services to
the City pursuant to this Agreement shall be deemed to be independent contractors
and not agents or employees of the City, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the City, or any rights generally
afforded Classified or Unclassified employees. Further, each personnel shall not be
deemed entitled to Florida Worker's Compensation benefits as an employee of the
City, or accumulation of sick or annual leave.
8
4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, physical handicap, or sexual orientation. The Contractor shall take affirmative
action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age, and
national origin, place of birth, marital status, disability, or sexual orientation.
4.13 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by
the City of Miami Beach Charter and Code, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
The Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly
are employed by the Contractor. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to
the City for public use.
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or
patent by or on behalf of the Contractor or its employees or sub-contractors, without
the prior written consent of the City.
4.15 NOTICES
All notices and communications in writing required or permitted
hereunder may be delivered personally to the representatives of the Contractor and
the City listed below or may be mailed by registered mail, postage prepaid (or
airmailed if addressed to an address outside of the city of dispatch).
9
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR:
Tandem Staffing Solutions, Inc.
Attn: Charles Abadie
President
1690 South Congress Avenue, Suite 210
Delray Beach, Florida 33445
(321) 438-3900
TO CITY:
City of Miami Beach
Attn: Mayra Buttacavoli
Director, Human Resources and Risk Management
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7520
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.16 LITIGATION JURISDICTIONNENUE
This Agreement 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 AGREEMENT, THE CONTRACTOR AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
4.17 ENTIRETY OF AGREEMENT
This Agreement and all exhibits hereto including without limitation,
Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto, and
Contractor's response to the RFP (the Proposal Documents), shall embody the entire
Agreement and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written with reference to the subject matter
hereof that are not merged herein and superceded hereby. Request for Proposals No.
37-04/05, together with all amendments thereto, and Contractor's Proposal in
response are hereby incorporated by reference into this Agreement, as Exhibit "A"
hereto; provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the Agreement shall prevail.
10
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter
into this Agreement with Contractor recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $1 ,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages
in an amount in excess of $1 ,000 for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City
by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the
City's liability as set forth in Section 768.28, Florida Statutes.
4.19 COMPLIANCE WITH APPLICABLE LAWS
The Contractor, its subcontractors, agents and employees, including with out
limitation, any and all temporary personnel assigned to the City pursuant to this
Agreement, shall comply with all applicable Federal, State, Miami-Dade County and
City Laws, and with all applicable rules and regulations promulgated by local, state and
national boards, bureau and agencies as they relate to the Agreement and lor the
provision of services hereto.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
or
David Dermer
J,sd- ~t..u.. dMh
Date
ATTEST: .
By:
~o f~~
CityClerk .
Robert Parcher
~flljhf~~ j{)riP
Date
FOR CONTRACTOR:
TANDEM STAFFING SOLUTIONS, INC.
ATTEST:
By: -~~~
..5eernLaL y W~$
~C~,-~A,
rincipal Signature/Title 4=>. ~
'5" ,'^ ~\'t.~~
Print Name
f/ea:tltt.r (! AL~\.
Print Name
~\'\l~
~ 7, ~~"
Date
Date
Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum NO.1
thereto, and Contractor's response to the Proposal.
Exhibit "B" - City of Miami Beach Living Wage Ordinance No. 2001-3301
and Ordinance No. 2003-3408. APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
12
-==- E~ H \ B f\ tf\::-
Miami Beach
*****
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, 1111'
CITY OF MIAMI BEACH
lQ
-
REQUEST FOR PROPOSALS (RFP) NO. 37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
WWW.mlamlbeachfl.goY
P.,...,.LeJa@mlamibeachfJ.goy
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO. 37-04/05
DATE: 8/3/05
1
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
-
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No. 37-04/05
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on
August 31, 2005 until 3:00 p.m. for:
TEMPORARY PERSONNEL SERVICES
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30
A.M. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY
HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORIDA.
Attendance at the aforementioned pre-RFP submission meeting is NOT mandatory, but
strongly encouraged as a source of important information.
The City has contracted with BidNet as our electronic procurement service for
automatic notification of bid opportunities and document fulfillment. We encourage you
to participate in this bid notification system.
To find out how you can receive automatic bid notifications or to obtain a copy of
this RFP, go to www.aovbids.com/scrfDts/southflorida/DUblic/home1.asD or call
toll-free 1-800-&77-1997 ext. 214.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail
or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention
Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail:
RFP NO. 37-04/05
DA TE: 8/3/05
2
CITV OF MIAMI BEACH
PamelaLeiaca>.miamibeachfl.Qov. All responses to questions/clarifications will be sent to
all prospective proposers in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE
NO. 2002-3378. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING
THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-
3234.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES
WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING
WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A
LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT 10 THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO.
2003-3389.
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER
AS A LOBBYIST, AND AS OF MAY 18,2002, ACCORDING TO ORDINANCE NO.
2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE.
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www.miamibeachfl. gov/newcity/depts/purchase/bidintro. asp.
CITY OF MIAMI BEACH
.' ~...'
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 37-04/05
DA TE: 813/05
3
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
www.mlamibeachfl gOY
PROCUREMENT DIVISiON
Telephone (3051673-7490
F.c.lmUe (305) 673-7851
NO PROPOSAL
RFP No. 37-04/05
I NOTICE TO PROSPECTIVE PROPOSERS
If not submitting a proposal at this time, please detach this sheet from the RFP
documents, complete the information requested, and return to the address listed
above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_ OTHER (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposalm this completed form, may
result in your company being removed from the City's bid list
RFP NO. 37-04/05
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CITY OF MIAMI BEACH
TABLE OF CONTENTS
SECTION PaQe(s)
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-14
III. PROPOSAL FORMAT 15
IV. EV ALUA TION CRITERIA 16-17
V. GENERAL PROVISIONS 18-19
VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY 21-29
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32
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CITY OF MIAMI BEACH
SECTION I . OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work C?n special projects.
The Mayor and City Commission at its July 27, 2005 meeting, authorized the
Administration to issue this RFP for a Temporary Personnel Services.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal Submission Meeting August 16,2005 at 10:30 a.m.
Deadline for receipt of questions August 19,2005 by 5:00 p.m.
Deadline for receipt of Proposals August 31,2005 by 3:00 p.m.
Evaluation Committee meeting September 2005
Commission Acceptance of City Manager's October 2005
Recommendation, and Authorization to Enter
Into Negotiations, and Contract Awards
c. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by August
31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original
and all copies must be submitted to the Procurement Division in a sealed
envelope or container stating on the outside the Proposer's name, address,
telephone num~er, RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
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CITY OF MIAMI BEACH
D. PRE-PROPOSAL SUBMISSION MEETING
A PRE-RFP submission conference has been scheduled as follows:
Date: August 16, 2005
Time: 10:30 a.m.
Place: City Manager's Large Conference Room located at City Hall, 1700
Convention Center Drive, 4th Floor, Miami Beach, Florida, 33139.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax:
305-673-7851; or e-mail: PamelaLeja@miamibeachfl.gov. Communications
between a proposer, bidder, lobbyist or consultant and the Procurement Division
is limited to matters of process or procedure. Requests for additional
information or clarifications must be made in writing to the Procurement
Coordinator, with a copy to the City Clerk, no later than the date specified in the
RFP timetable.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding
to the RFP. Proposers should not rely on representations, statements, or
explanations other than those made in this RFP or in any written addendum to
this RFP. Proposers should verify with the Procurement Division prior to
submitting a proposal that all addenda have been received.
F. MODIFICATIONIWITHDRAWALS OF PROPOSALS
A Proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time.
Modifications received after the proposal due date and time will not be
considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing
prior to the proposal due date or after expiration of 120 calendar days from the
opening of Proposals without a contract award. Letters of withdrawal received
after the proposal due date and before said expiration date and letters of
withdrawal received after contract award will not be considered.
G. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of
any and all, Proposals; re-advertise thisRFP; postpone or cancel, at any time,
this RFP process; or waive any irregularities in this RFP, or in any Proposals
received as a result of this RFP.
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CITY OF MIAMI BEACH
H. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the
City, or any work performed in connection therewith, shall be the sole
responsibility of the Proposer(s) and shall not be reimbursed by the City.
I. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what alternative is being offered. The City, at its
sole and absolute discretion, may accept or reject the exceptions. In cases in
which exceptions are rejected, the City may require the Proposer to furnish the
services or goods originally described, or negotiate an alternative acceptable to
the City.
J. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response
to this RFP will be available for public inspection after opening of Proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
K. NEGOTIA liONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require Proposers to give oral presentations based on their
Proposals. The City reserves the right to enter into negotiations with the top-
ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a
mutually acceptable contract, the City may terminate the negotiations and begin
negotiations with the second-ranked Proposer. This process may continue until
a contract has been executed or all Proposals have been rejected. No Proposer
shall have any rights in the subject project or property or against the City arising
from such negotiations.
L. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of
award in accordance with City of Miami Beach Ordinance No. 2002-3344 which
establishes procedures for resulting protested RFP's selection for awards.
Protest not timely pursuant to the requirements of Ordinance No. 2002-
3344 shall be barred.
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CITY OF MIAMI BEACH
M. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State
and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EED regulations and
guidelines. Ignorance on the part of the Proposer will in no way relieve it from
responsibility for compliance.
N. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made
and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. VVhere surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
o. CONFLICT OF INTEREST
All Proposers must disclose with 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 or any of its affiliates.
P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions. as prescribed herein, in addition to disqualification of their
Proposals, in the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
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CITY OF MIAMI BEACH
R. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally
considered to be an independent contractor and that neither the Proposer nor the
Proposer's employees and agents shall, under any circumstances, be considered
employees or agents of the City.
s. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a -bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity , and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
T. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are
hereby advised that the Cone of Silence requirements listed herein shall apply.
u. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFP is further subject to City of Miami
Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are
strongly advised to review the City's Debarment Ordinance. Debarment may
constitute grounds for termination of the contract, as well as, disqualification from
consideration on any City of Miami Beach RFP, RFQ, RFU, or bid.
V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee, or through any other
person, to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. No candidate, or campaign committee of a
candidate for the offices of mayor or commissioner, shall solicit or receive any
campaign contribution from a person who is a vendor to the City, or through a
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CITY OF MIAMI BEACH
member of the person's immediate family, or through a political action committee,
or through any other person on behalf of the person. This prohibition applies to
natural persons and to persons who hold a controlling financial interest in
business entities.
w. CODE OF BUSINESS ETHICS
Pursuant to 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 your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
x. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
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CITY OF MIAMI BEACH
SECTION II - SCOPE OF SERVICES
A. GENERAL
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis., as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
B. TERM OF CONTRACT
The contracts shall commence after the approval of the Mayor and City Commission
. and shall remain in effect for a period of two (2) years. Providing that the successful
Agencies will agree to maintain the same terms and conditions of the contract, the
contracts may be extended for an additional two, one-year periods at the City's sole
discretion.
C. LIVING WAGE
Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide
services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour
plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or
a living wage of no less than $9.81 an hour without health benefits.
D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
The successful Agencies' hourly rates offered in their proposal submission shall remain
fixed and firm during the term of their contracts, subject to negotiation based on
Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinance rate increase.
E. PAYMENT
All Agencies supplying temporary personnel services to the City are required to furnish
the following information on Agency invoices for the personnel supplied:
1. Purchase Order number issued by the City's Procurement Division
2. Location of temporary services performed
3. Full name of individual performing the service
4. Job classification
5. Number of hours worked, by date
The invoices are subject to verification, approval, and processing by the department
requesting the temporary personnel.
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CITY OF MIAMI BEACH
F. WEAR OF UNIFORM
When temporary personnel are assigned to working events with the general public, they
will be required to wear a uniform or a vest with the Agency's name and logo on it.
G. TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee, damage fees (temporary to
permanent charge) shall not be assessed.
H. PAYMENT
The basis of the amount of the payment shall be the hourly rate per hour times the
number of hours worked. Overtime will be considered after forty (40) hours of work per
week according to the Fair Labor Standards Act. The hourly rate quoted includes all
overhead, profit and benefit costs to the Agencies, including employee's hourly rate,
which will be in accordance with the City's Living Wage Ordinance.
I. PERSONNEL INTERVIEW AND SELECTION
The City's representative(s) and successful Agencies shall mutually agree on the job
description, minimum qualifications, duties and responsibilities for each position as
needed. The City has the option to request more than one person at a time for any
specific assignment to interview and select the best candidate for that specific
assignment, at no cost to the City.
J. MIAMI BEACH ONE STOP CAREER CENTER
All temporary personnel services firms that are being recommended for award have
agreed to work with the One.Stop Career Center to recruit potential employees. By
working together with the Center, the City can insure a larger pool of qualified workers,
and support the work of the Center in helping secure gainful employment for
unemployed and under employed Miami Beach residents.
K. QUALIFICATION
In the event that any personnel from the successful Agencies assigned to the City are
found to be unqualified for any specific assignment, the City has the right to return such
employee at no cost to the City. The City shall be the sole judge of the individual's
qualification and its decision shall be final.
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CITY OF MIAMI BEACH
L. HOLIDAYS
The City's holiday schedule shall be observed. In the event that the City requires a
temporary employee to work on a holiday observed, the day shall be paid at the
overtime rate. It is the responsibility of the using DepartmenVDivision to notify the
temporary Agencies prior to a temporary employee working on Saturday, Sunday,
Holiday or any overtime.
M. EMPLOYEES ARE RESPONSIBILITY OF AGENCIES
All employees of the Agencies shall be considered to be, at all times, the sole
employees of the Agencies under its sole direction and not an employee or agent of the
City. The Agencies will supply competent and physically capable employees. The City
may require the Agencies to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on the
City's property is not in the best interest of the City. Each employee shall have and
wear proper identification. The employees utilized under the resulting contract will be
provided with and shall follow all policies and procedures of the City.
N. SCREENING, INTERVIEWING, TESTING AND TRAINING
The Agencies will be responsible for screening, interviewing, testing and training to
include, but not be limited to:
1. In-depth interview that includes job preferences, experience, goals, interests,
attitudes, motivation and other work-related attributes.
2. Job-related tests to include typing and communication skills.
3. Background checks to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds).
4. Verification that their employees are not convicted sex offenders.
5. Training employees on the City's Service Excellence program.
O. AUDIT
The City reserves the right to perform audit investigations of the Agencies' payroll and
related records of employees assigned to the City to ascertain that such employees'
records indicate payment received for the speCific hours worked for the City pursuant to
the living Wage requirements.
P. TEMPORARY POSITIONS
The required listing of temporary positions and their associated job descriptions is
included in this RFP and labeled "Temporary Personnel Services Position Descriptions."
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CITY OF MIAMI BEACH
SECTION III - PROPOSAL FORMAT
The items marked by an asterisk (*) are required as part of the Proposal. If these items
are omitted, Proposer must submit within five (5) calendar days upon request from the
City, or the Proposal shall be deemed non-responsive. All other items must be
submitted with the Proposal or it will be deemed non-responsive.
1. *Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures.
All pages must be consecutively numbered and correspond to the table of
contents.
2. *ProDosal Points to Address:
Proposer must respond to all minimum requirements listed below. Proposals
which do not contain such documentation may be deemed non-responsive.
. *Introduction letter designating areas of proposed services and sufficient
information as to the qualifications of the proposer.
. Respondents shall submit documents that provide evidence of capability to
provide the services required as part of their submittal package.
. *Respondents shall indicate how many years of experience their firm has in
providing temporary personnel services.
. Respondents must provide documentation which demonstrates their ability to
satisfy all of the RFP requirements.
. Respondents shall include their procedures for screening, interviewing,
testing and training employees that will be placed with the City.
. *Client references. List at least eight client references (name, title, company,
address, telephone, a-mail address and fax) our Procurement Division may
communicate with regarding your services. In addition, information for each
reference shall include the description of temporary services provided; and
estimated contract amount and volume of hours provided.
3. Fee Proposal: Submit the proposed fee structure, broken out by position
description, relative to the Temporary Personnel Services Position Descriptions
listed in Section VIII of this RFP. Proposers are not required to submit pricing for
all positions~ob descriptions.
4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer
Information forms;
5. *Any other documents required by this RFP.
15
CITY OF MIAMI BEACH
RFP NO. 37-04/05
DATE: 8/3/05
SECTION IV - EV ALUA TlON CRITERIA
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each proposal in accordance with the requirements of this RFP.
If further information is desired, proposers may be requested to make
additional written submissions or oral presentations to the Evaluation
Committee.
5. The Evaluation Committee shall recommend to the City Manager the
proposal or proposals acceptance of which the Evaluation Committee
deems to be in the best interest of the City.
An Evaluation Committee appointed by the City Manager, will recommend the most
qualified Agencies based on the following criteria:
Evalllation Criteria/Factors
Weiaht
Experience and qualifications of the Agency...... ......... ... ... ... ...... ... ... ... ... .30 points
Screening, interviewing, testing and training program...... ... ... ... ... ... ... ... ... .20 points
Proven performance of providing qualified and productive employees... '" ... .30 points
Billing rates... ... ... ... . .. . .. .. . .. . ... . .. . .. ... ... ... .. . . .. . .. ... ... .. . ... . . . ... ... ... ... ... .... .20 points
100 points
6. After considering the recommendation(s) of the Evaluation Committee, the
City Manager shall recommend to the City Commission the proposal or
proposals acceptance of which the City Manager deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any
case, City Commission shall select the proposal or proposals, acceptance
of which the City Commission deems to be in the best interest of the City.
The City Commission may also reject all proposals.
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CITY OF MIAMI BEACH
8. Negotiations between the selected proposers and the City Manager take
place to arrive at a contract or contracts. If the City Commission has so
directed, the City Manager may proceed to negotiate a contract or
contracts with a proposer or proposers other than the top-ranked proposer
or proposers, if the negotiations with the top-ranked proposer or proposers
fail to produce a mutually acceptable contract or contracts, within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s) after the selected proposer(s) has, or have, done so.
Imoortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point during
the aforesaid evaluation/selection process until and unless a contract has been
agreed to and signed by both parties.
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CITY OF MIAMI BEACH
SECTION V . GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants,
or assign, transfer, convey. sublet, or otherwise dispose of this contract, or of any
or all of its right. title, or interest therein, or its power to execute such contract to
any person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold
harmless the City of Miami Beach and its officers, employees, and agents. from
and against any and all actions. claims, liabilities, losses and expenses, including
but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of the successful proposer. its employees, or agents in connection with
the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
c. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon
have the right to terminate the services then remaining to be performed by giving
written notice to the successful proposer of such termination which shall become
effective upon receipt by the successful proposer of the written termination
notice.
In that event. the City shall compensate the successful proposer in accordance
with the Agreement for all services performed by the proposer prior to
termination, net of any costs incurred by the City as a consequence of the
default.
Notwithstanding the above. the successful proposer shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the Agreement by the proposer, and the City may reasonably withhold payments
to the successful proposer for the purposes of set off until such time as the exact
amount of damages due the City from the successful proposer is determined.
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful
proposer of such termination, which shall become effective thirty (30) days
following receipt by proposer of such notice. In that event, all finished or
unfinished documents and other materials shall be properly delivered to the City.
If the Agreement is terminated by the City as provided in this section, the City
shall compensate the successful proposer in accordance with the Agreement for
all services actually performed by the successful proposer and reasonable direct
costs of successful proposer for assembling and delivering to City all documents.
No compensation shall be due to the successful proposer for any profits that the
successful proposer expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the successful proposer
upon a termination as provided for in this section.
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CITY OF MIAMI BEACH
SECTION VI- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain, provide and maintain during the
term of the Agreement the following types and amounts of insurance which shall be
maintained with insurers licensed to sell insurance in the State of Florida and have a B+
VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to
these requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage
in the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as
certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers,
agents and employees of said organizations as additional insured while acting within the
scope of their duties but only as to work performed by the Selected Proposer under this
Agreement. This policy cannot be canceled without thirty (30) days prior written notice
to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with
the City's Risk Management Department showing said policies to be in full force and
effect at all times during the course of the Agreement. No work shall be done by the
Architect during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers of carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident, occurrence, claim
settlement or judgment against such insurance which may diminish the protection such
insurance affords the City. Selected Proposer shall further take immediate steps to
restore such aggregate limits or shall provide other insurance protection for such
aggregate limits.
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
RfP NO. 37-04/05
DA TE: 8/3/05
20
CITY Of MIAMI BEACH
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO THE CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal
form, pursuant to the "Personnel Services Position Descriptions" herein.
Proposers are not required to submit pricing for all positions/job
classifications.
4. Declaration
5. Questionnaire
RFP NO. 37-04/05
DA TE: 8/3/05
21
CITY OF MIAMI BEACH
PROPOSER INFORMA lION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by Proposer that the City reserves the right to reject
any and all Proposals, to make awards on all items or any ,terns according to the
best interest of the City. and to waive any irregularities in the RFP or in the
Proposals received as a result of the RFP. It is also understood and agreed by
the Proposer. that by submitting a proposal. Proposer shall be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO. 37-04/05
DA TE: 8/3/05
22
CITY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 31-04/05
Directions: Complete Part lor Part II. whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Proposer - Name
Date
Signature
RFP NO. 37-04/05
DA TE: 8/3/05
23
CITY OF MIAMI BEACH
DECLARA TION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
.2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains: that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted. to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DA TE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corooration. answer this:
When Incorporated:
In what State:
If a Foreian Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DA TE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by Proposer ever been canceled?
Yes () No ( )
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DA TE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not ( ) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations~ To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10"0) interest:
A. List all pending lawsuits:
RFP NO. 37-04/05
DA TE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
RFP NO. 37-04/05
DA TE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Signature
Print Nam.e of Firm
Print Name
Address
By:
General Partner
WITNESS:
Print Name
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
(CORPORA TE SEAL)
President
Attest:
Secretary
RFP NO. 37-04/05
PATE: 8/3/05
29
CITY OF MIAMI BEACH
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1. Secretary I
Two years experience in secretarial and clerical work. Experience in meeting public and
ability to deal with customers using tact, poise, patience and courtesy. Knowledge and
experience in using MS Word, Excel, other MS office application programs. Must have ability
to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm.
2. Secretary II/Administrative Assistant
Three years advanced experience in secretarial and clerical work including transcription,
dictation and executive level experience. Experience in meeting public and ability to deal with
customers using tact, poise, patience and courtesy. Knowledge and experience in using MS
Word, Excel, other MS office application programs. Must have ability to work in a multi-
ethnic/multi-cultural environment. Minimum 40 wpm.
3. Clerk TVDist
.ResponsibJe and varied clerical work involving moderately complex work methods and
procedures. Requires proficiency in the use of the word processor and/or typewriter. Must
type 40 correct words per minute based on dept. needs.
4. Clerk I
Must possess basic typing and computer experience and good people skills. Dependability
and self motivation, work flexible schedule, including weekends and evenings. Must have
ability to work in a multi-ethnic/multi-cultural environment.
5. Clerk II
One year experience in general clerical work, possess computer software experience and
good people skills. Dependability and self motivation, work flexible schedule, including
weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural
environment.
RFP NO. 37-04/05
DA TE: 8/3/05
30
CITY OF MIAMI BEACH
6. Clerk III
Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Experience in meeting public and ability to deal with customers using tact, poise. patience
and courtesy. Knowledge and experience in using MS Word, Excel, other MS office
application programs. Must have ability to work in a multi-ethniclmulti-cultural environment.
Must type a minimum of 40 wpm.
7. Bookkeeper / Accountina Clerk II
Three years experience in accounting, supplemented by course work in accounting or
bookkeeping; or any equivalent combination of experience and training. Must have ability to
work in a multi-ethniclmulti-cultural environment.
8. Customer Service ReDs I ComDJaint ODerator
Responsible telecommunications work in the Safety communications Unit. Retrieving,
evaluation, processing, modifying, and inputting information within various computerized and
manual information systems. Type 30 correct wpm, effective communication skills, may
include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi-
cultural environment.
9. Customer Service ReDS / Communications Operator
Entry level responsible telecommunications work in the Safety Communications Bureau.
Receiving, screening and relaying information for emergency and other calls utilizing a multi-
line telephone and a computer aided dispatch system or other means. Effective
communication skills, may include weekends, holidays, shift work. Must speak fluent English
and one other language, have ability to work in a multi-ethnic/multi-cultural environment.
10. Personnel Technician I
Complex clerical and technical work of a specialist nature. Interpretation of department
operations, policies, procedures, dissemination of information, maintains records and reports,
computes and compiles data; updates. Types forms, answers correspondence, prepares
notices and minutes of meetings. Knowledge of HR preferred.
11. Caroenter
Knowledge and skills in carpentry work at the entry level in the construction and finish work
including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electrician
Master Electrician's certification, prior experience with drawings and reading blueprints,
design an installation of electrical systems. Skilled work at the entry level as an electrician in
the construction, maintenance and repair of city facilities.
RFP NO. 37-04/05
DA T[: 8/3/05
31
CITY OF MIAMI BEACH
13. Plumber
Skilled work at the journeyman level as plumber with certificate of competency as a
journeyman in the plumbing trade.
14. Service Worker
Advanced and responsible manual labor duties of a skilled nature.
15. Ale Mechanic
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, ~nd related apparatus.
16. Painter
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
17. Buver
Specialized technical, clerical and administrative work in the purchasing of assigned
commodities. Reviews purchase requests, assists with procurement problems, and solicits
quotations. Enters information for issuance of purchase orders.
RFP NO. 37-04/05
DA TE: 8/3/05
32
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
August 24, 2005
ADDENDUM NO.1
Request for Proposals (RFP) #37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
The following additional information as a result of inquiries from individuals is
hereby forwarded:
1) The due date for the submission of Proposals has been extended to Tuesdav.
September 6. 2005 at 3:00 pm Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00101 in September 2001 15 attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work vs. outdoor/tradesman/manual
labor?
Answer #1: In round numbers, the City paid approximately the following dollar values to
temporary personnel agencies:
FY2005
FY2004
FY2003
$1.1 million
$1.3 million
$1.2 million
There exists no specific breakdown of the number of temporary employees that
the City utilized or currently utilizes. that can be provided in a report format. It is
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoorltradesman/manuallabor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: 'Nhat is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes, i.e. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not possible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.1.
Thus, a nationwide check would reveal such information.
Question #5: What type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5: A five panel test, which must have negative results, consisting of the following:
Initial Test Level
GS/MS Confirm
Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 nglmL
300 nglmL
50 nglmL
2000 nglmL
25 ng/mL
500 ng/mL
150 ng/mL
15nglmL
2000 ng/mL
25 ng/mL
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes, upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7
As this is an RFP and not an ITB, supplemental information may be provided.
If you have any question please contact Pamela Leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
Gus lopez, CPPB, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
3
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TANDEM
Workforce Partners
TANDE~t STAFFING SOLUTIONS, INC.
Request for Proposal (RFP) #37-04/05
Temporary' Personnel Services
City Ofl\liami Beach
..
Proclll"ement Division
17. Conyention Center Drive., Third Floor
)fiami BeK~ Fl33139
[~DICJJ!'lV~ .1.' C" C.~T > ll.nC:ln.
t..i'f\ ,.f 't.," 1. ...-.-" .:l L4. - CL Y
P:~~,:i" ~ ~'~f.1-4
Table of Contents
Information:
1. Proposer Information
2. Acknowledgment of Addenda
3. Declaration
4. Questionnaire
5. Adden9wll No 1
Introduction:
1. Information on Tandem Staffing Solutions, Inc
2. Letter stating intentions
3. Business Profile
4. Hiring and Screening Process
5. E-Prise
Technology:
1. Who we are
2. Some of our clients
3. E-Prise Information
Process:
1. How -E-Prise works
Implementation:
I. Suggested Events
Pricing
References
Letters
PROPOSER INFORMATION
Submitted by:
Juan A. Rivera
Proposer (Entity):
Tandem Staffing Solutions
Signature:
Name (Typed):
Juan A. Rivera
Address:
1690 South Congress Avenue. Suite 210
City/State:
Delray Beach. FL 33445
Telephone:
941-650-4475
Fax:
561-454-3727
It is understood and agreed by Proposer that the City reserves the right to reject
any and all Proposals, to make awards on all items or any items according to the
best interest of the City, and to waive any irregularities in the RFP or in the
Proposals received as a result of the RFP. It is also understood and agreed by
the Proposer that by submitting a proposal, Proposer shall be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a co t has be n a reed to and signed by both parties.
(Authorized Signature)
Juan A. Rivera
(Printed Name)
08/16/05
(Date)
RFP NO. 37-04/05
DATE: 8/3/05
22
CITY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-04/05
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated a."'i",1 l "I ~005-
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
x
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Juan A. Rivera
~me
08/16/05
Date
RFP NO. 37-04/05
DA TE: 8/3/05
23
CITY OF MIAMI BEACH
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
16
day of
AUQust
,2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is aca:lpted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
SIGN
Juan A. Rivera
PRINTED NAME
Account ManaQer
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DATE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Tandem Staffing Solutions
Principal Office Address:
1690 South Congress Avenue. Suite 210
Delray Beach. FL 33445
Official Representative:
Individual
Partnership (Circle One)
jCorporationl
If a CorDoration. answer this:
When Incorporated:
January 7.2002
In what State:
Delaware
If a Foreian CorDoration:
Date of Registration with
Florida Secretary of State:
October 7. 2003
Name of Resident Agent:
C.T. Corporation
Address of Resident Agent:
1200 S Pine Island Rd Plantation. FL 33324
President's Name:
Charles Abadie
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DATE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
Heather Alston (Secretary)
Eric Miller
Michael Green
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business: 20
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No (X)
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DA TE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
NO
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No (X)
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not (X) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation,
partnership or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
As a large corporation. Tandem is from time-to-time involved in litigation. There
are currently no pending lawsuits in Miami-Dade County. There are matters
pending in two other counties in Florida (one in which Tandem is Plaintiff. the
other in which Tandem is a Defendant) and a litigation matter in another state.
None of those matters are relevant to the tyPe of work anticipated in this Proposal.
RFP NO. 37-04/05
DATE: 8/3/05
27
CITY OF MIAMI BEACH
) ,I
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
The litigation that the corporation has been involved in has been resolved amicably
in advance of any trial. In most, in not all, cases, the terms of any such resolutions
require that the terms be kept confidential.
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
NONE
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
NONE
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
NONE
RFP NO. 37-04/05
DATE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
General Partner
Print Name
IF CORPORATION:
Si
V fUrIeS "B~
Print Name
Tandem Staffing Solutions
Print Name of Corporation
1690 South Congress Avenue. Ste 210
Delrav Beach. FL 33445
Address
By: OO.A. ~{),i
President
rI / Iv /- C. //' 1 .-IJ
Attest: ~art.:u~ cihH\ _
· Secretary
(CORPORATE SEAL)
RFP NO. 37-04/05
DATE: 8/3/05
29
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
August 24, 2005
ADDENDUM NO.1
Request for Proposals (RFP) #37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
The following additional information as a result of inquiries from individuals is
hereby forwarded:
1) The due date for the submission of Proposals has been extended to Tuesdav.
SeDtember 6. 2005 at 3:00 Dm Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 in September 2001 is attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work vs. outdoor/tradesman/manual
labor?
Answer #1: In round numbers, the City paid approximately the following dollar values to
temporary personnel agencies:
FY2005
FY2004
FY2003
$1.1 million
$1.3 million
$1.2 million
There exists no specific breakdown of the number of temporary employees that
the City utilized or currently utilizes, that can be provided in a report format. It is
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoor/tradesman/manuallabor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04105 Temporary Personnel
1
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: What is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes, Le. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not possible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.I.
Thus, a nationwide check would reveal such information.
Question #5: What type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5: A five panel test, which must have negative results, consisting of the following:
Initial Test Level
GS/MS Confirm
Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 ng/mL
300 ng/mL
50 ng/mL
2000 ng/mL
25 ng/mL
500 ng/mL
150 ng/mL
15 ng/mL
2000 ng/mL
25 ng/mL
Addendum #1, 8/24/05
RFP 37-04105 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes, upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7
As this is an RFP and not an ITS, supplemental information may be provided.
If you have any question please contact Pamela Leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
~.~...
/ .'
Gus Lopez, CPPS, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04105 Temporary Personnel
3
Table of Contents
Page No.
Introduction
3
Business Profile
7
Hiring and Screening Process
7
Technology Applications
8
Fee Structure
11
Attachments
Attachment A
Attachment C
Attachment D
Attachment E
Introduction to Tandem ppt.
Technology Overview/Screen Shots
Implementation Plan
Client References
1
7
17
18
f:TANDE~
"", @
Workforce Solutions
1690 S, Congress Ave.. Suite 210
De/ray Beach, FL 33445
September 06, 2005
Tel: (321) 438-3900
Fax: (561) 454-3788
www.tandemstaffinq.com
Pamela Leja
1700 Convention Center Drive
Miami Beach, FL 33139
To the City of Miami Beach,
Tandem Staffing Solutions, Inc would like to thank you for the opportunity to participate in
and respond to the Request for Proposal for Temporary Personnel Services. Based on The
City of Miami Beach's needs and objectives discussed in your RFP and the subsequent Pre-
RFP meeting in August, we have assembled a staffing solution that will provide the following
benefits:
· Processes - Standardize temporary services procurement processes across all
departments ensuring control, compliance and visibility to all phases of temporary
personnel procurement.
· Technology - Streamline steps in the process including sourcing, temporary
services usage and payments, and fulfillment time.
Tandem is proposing a comprehensive staffing solution to the City of Miami Beach - the
collection of best-in-c1ass workflows and processes, and web-based technology to support
the program. Our [=-,-] (ePrise) solution is Tandem's latest service offering - a melding of
best practices developed over the past decade of managed staffing programs and the most
comprehensive web-based technology, eSymphony, designed specifically for managing
temporary services labor.
Each of our offices is experienced in consulting, managing, and reporting all aspects of the
program - program management, recruiting and screening, drug screening, background
checks, technical testing, legal/contract management, HR, system implementation and
support, vendor management, training, dispute resolution, bill rate management, reporting
and reviews, time collection, and consolidated (i.e. a single invoice containing Tandem and
the program suppliers) invoicing - all unique aspects and comprehensive capabilities only
available through a company with 31 years of experience helping organizations like The City
of Maimi Beach. We provide the management expertise and highly qualified (and industry-
specific) staff to ensure your projects and operations are supported by quality temporary
personnel.
Since our founding in 1974, Tandem has partnered with some of largest organizations in the
country, some of which include Bluelinx, Walgreens, Wrigleys, Siemens Westinghouse, Crate
& Barrel, and many others. In addition to providing best-in-c1ass services, we have
achieved $0.5 - $3M in total program cost savings for various managed staffing customers.
Our proposal in this package demonstrates our dedication and commitment to provide a
premiere showcase program for The City of Miami Beach. If you have any questions or need
any clarifications about the enclosed proposal package, please contact feel free to contact
me at (407) 649-9441. Thank you again for the opportunity to participate in this important
City of Miami Beach staffing review.
Sincerely,
Gary Glaser
Regional Vice President, Southern Region
Tandem Staffing Solutions, Inc
WHY TANDEM? AND KEY FEATURES OF EPRISE PROGRAM
OFFERED TO THE CITY OF MIAMI BEACH
The following are the key benefits that The City of Miami Beach will receive by selecting
Tandem to build and manage your temporary personnel services through our L;'; ,"/'J
(ePrise) program:
1. Enterprise-wide solution - we will provide an implementation of our
comprehensive ePrise solution including the following components:
a. Implementation of the eSymphony technology.
b. Program management to insure timely fulfillment and compliance
2. Consultative approach - as a trusted partner and advisor, we will apply best
practices and offer subject matter expertise to you. With over a decade of ePrise
planning and program management experience, we are able to advise you on proven
methods that will enhance your core business processes while concurrently generate
and maximize cost savings.
a. Cost management - with our broad knowledge of current market conditions
and labor rates, Tandem will ensure that you are establishing rates that will
attract quality talent and deliver optimum cost savings. We will work with you
to establish a program rate card utilizing knowledge derived from our national
practice, your historical data, and job-class specific wage and salary data.
Tandem ePrise ensures that you are paying competitive market rates for your
workforce.
b. Talent acquisition - with best-in-c1ass recruiting capabilities, we will work
towards ensuring all temporary workforce requests are met quickly, with high
quality, and at the right price. To that end, we will establish service levels to
ensure program compliance and your highest degree of satisfaction.
c. Supply chain management - with years of vendor management experience,
we will ensure supplier community is transition seamlessly and may in some
areas still be utilized. Simply stated, we will work with you to ensure that your
supplier(s) (particularly dispatch skill sets / key projects) are active
participants in the program!
3. Financial stability - for 31 years, Tandem has consistently been a leader in the
staffing industry during all market conditions. Our ability to support you in a long-
term partnership is demonstrated by the following:
a. In business since 1974.
b. Owned by Cerberus.
c. eSymphony is a "core" product of Tandem Staffing Solutions,Inc with minimal
risk to you.
d. Proven ability to seamlessly handle high volume, light industrial requirements.
4. Program management - we offer a standardized solution across your entire
enterprise - one solution, one process for all locations and skill sets - through the
following:
a. Standardized business model - the Tandem network of offices employ a
standardized and documented business model - so, the same high quality,
high-touch service will be received at all your sites. We audit all offices
annually to ensure compliance.
b. Dedicated Service Delivery Organization - unique to the industry,
Tandem has a dedicated service delivery organization with a national Vice
President supported by regional executives.
c. Our employees will understand your business - we will select (you will
approve) individuals who are skill set experts, not administrators as sourced
by other companies
e. Executive accountability - You will be aligned with the Regional Vice
President.
5. Superior technologv - through one URL, we will create and host an ePrise portal
for all users to access, enter and approve requisitions, review candidates, and create
reports. This portal as well as your Lotus Notes email server (for approvals) provides
for:
a. Access to usage reports - know "Who," "What," "Where, " and "How Many"
instantly.
b. Single point of entry for all users - this streamlines entry for all users,
saving time and effort.
c. Minimal training - our eSymphony solution is intuitive and easy to navigate.
d. No IT support - the system is completely implemented and supported by
Tandem, allowing your IT department to focus on your own initiatives.
e. Configured workflow - our system allows for customized business rules;
validation of transactions against your financial system; import of security
levels from your HRIS system; and, can be quickly implemented for all sites to
begin using
.
BUSINESS PROFILE
Tandem Staffing Solutions, Inc. is private and wholly owned by Cerberus Capital
Management, based in New York City. Cerberus currently has $12 billion under its
management.
Tandem has over 30 years experience in the supplemental staffing industry. We have over
100 years combined leadership of management staffmg, programming implementation,
systems integration and VMS application development. CEO Charles Abadie and Senior
Vice President Sam Rossa have direct program implementation and execution experience in
excess of $2.3 billion, including some of the largest corporations in the world.
In addition to our leaderships' experience sited above, our advanced technology, enterprise
account management, scalable business model, and world-class implementation program
separates us from competition.
HIRING AND SCREENING PROCESS
Tandem Staffing Solutions employs a unique hiring and screening process called our 3 Phase
Hiring Process. Applicants go through three different phases of evaluations that can take as
many as 3 visits to our office. During phase 1, an applicant completes a preliminary application
including skills, experience and work history. In addition there is a brief verbal evaluation to
determine if the applicant has the necessary skills to work with Tandem Staffmg. At this point,
Tandem has the first opportunity to decide if the applicant moves forward or is simply added
into the database to be contacted later if needed. When the decision is made to move the
applicant forward, he or she enters Phase 2. During Phase 2, the applicant undergoes a structured
interview, reference check and more in depth evaluation. If a hiring decision is reached the
applicant also completes the Tandem policies and procedures acknowledgment and government
forms (W-4, 1-9). The applicant also completes the Tandem orientation and safety training. The
applicant must successfully complete the safety training quiz to officially become an employee.
Once the applicant has been hired to Tandem, he or she enters the third and fmal stage of the
hiring process. During this phase, the employee is evaluated for our clients. This screening
includes many client specific requirements such as Drug Screen, Criminal Records Search,
Clerical Aptitude Testing, and any other requirements associated with the position the employee
is applying for. If at anytime during these 3 phases the Tandem Service Coordinator senses
hesitation, lack of skill-set match or any attitude or attendance issues that could affect the
employee's performance the process will be terminated and the employee will not be considered
for that position. This lengthy process guarantees that our employees will meet your
expectations. Tandem is so certain that this process will locate the right person for the job, we
offer our clients an 8-hour guarantee. If at anytime during the first day, an employee does not
meet your expectations, simply contact us and we will replace the employee and The City of
Miami Beach will not be charged for that employee.
P. SOH
Tandem's nse , designed to manage enterprise requirements coupled with , our technology
platform, will be utilized to manage CITY OF MIAMI BEACH's program. We will utilize a project-oriented
implementation plan to configure CITY OF MIAMI BEACH's program needs. We will work with you to establish
business rules that will be incorporated into our program management and technology platforms.
Key attributes are:
~~ yrnphony
Business rules are maintained at the business unit level.
./ each business unit can point (map) to different forms (requisitions, time card, expense reports, approval rules)
and
./ each set of these forms can then be routed based on business unit specifics.
Service requisition routingflexibility:
./ a service requisition can be routed per information derived from business unit job catalog or
./ rules can be established at the time of service requisition creation within the form itself.
Individuals receive the information they need in a user-friendly environment::
./ User friendly web site operating within SAP or non-SAP environment
./ CITY OF MIAMI BEACH notification of events - allows interaction with requirements without always entering
system
o e-mail notifies individual of requisition or time card approvals requiring attention.
The following is a sample requisition process.
Requisition Process
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Subcontractor Process to Fulfillment.
1. Use both current and new suppliers to determine optimum vendor group that will be able to provide best service
required by CITY OF MIAMI BEACH.
2. Set guidelines based on CITY OF MIAMI BEACH requirements
3. Negotiate charge rates considering our bill rate to CITY OF MIAMI BEACH
4. Send the following information to Legal to create a Affiliate Vendor Agreement:
· Vendor Name
· Type of business (corporation, etc.)
· Address
· Vendor charge rate or vendor pay rate plus mark-up
· Tandem's client name and client/jobsite number(s)
· Job Description (Skill Code)
· Client specific requirements (background, drug, SS# verification, etc.)
5. Legal will complete agreement and forward to either vendor contact (if supplied) or Tandem field contact. Tandem
field contact will be copied
6. Tandem field contact to follow up with vendor to get signed agreement back
7. Tandem field contact to request Certificate of Insurance to be sent to Support to place in vendor file
.-'~--~' __~_c_____" -. _ '~__""'''"_.'w__~'_''__"____..,.... "__~~'__'"__.'~'___''' ,_..""".. ~~._~" ,.~".~., ~_w _ _ ._~_....__. "_,_
8. Legal to notifY AlP, Billing and Tandem field contact when agreement has been completed and received.
9. Tandem field contact to set up the vendor with AlP (including W9)
10. AlP to assign a vendor code in OS3
II. Tandem branch to set up the job rate for the vendor (pay rate to equal the vendor charge rate) and bill rate to equal
our bill rate to our client
12. Tandem branch to set up vendor's employees in OS3 (Employee Maintenance)*:
. Enter Tandem branch as the address
. Change "N" to "Y" under "Subcontractor"
. Choose a Contract Vendor code
· For W4 entry use Single / 0 dependents
. Use entry date as 1-9 date
. Use US for 1-9 type
13. When assigning a subcontractor to a work order, choose the job rate associated with the vendor
14. Process the ticket and payroll as normal. A voucher will be created in lieu ofa paycheck. You will not see this until
the VER report. Reconcile your payrolllbilling as though it were a paycheck.
Tandem's approach is to leverage the City of Miami Beach's experienced supplier network. We believe that this
methodology is best suited to ensure user buy-in and provide for optimized fulfillment for all skill sets in each location.
Please note that this process will be transparent to the CITY OF MIAMI BEACH by using a managed program
approach. Tandem will provide an onsite manager who will be responsible for coordinating service delivery and continuous
improvement to the CITY of MIAMI BEACH
We have found that the critical metrics that our clients most value are (we can customize others if you wish):
Headcount AIR Status Temp to Perm
Turn Over Cost Savings Overtime
Fill Rate Injuries
Our program rollout strategy, etc. is answered in Attachments 1 and 2. We strongly believe that our Siemens specific
experience mitigates implementation and program change risk.
Tandem's technology, unique to the industry, has been designed to operate in 3 client-centric environments:
1. Within SAP's current architecture
2. Within SAP's future architecture and
3. As a stand-alone Vendor Management System our 3rd generation tool, eSymphony, differentiates by:
a. Providing CITY OF MIAMI BEACH with the ability to transact with our system through e-mail
approval (user does not have to work within our system to perform tasks)
b. Eliminating double entry and reconciliation problems by full integration with Tandem's back office
Key Functionality includes (modules in graphic below):
Service
ReQuest
Compliance
& MQmt.
~ - ~
Invoicing
· Integrated web services technology platform for the requisitioning of contingent staff
· Fully integrated auction capability for open sourcing of contingent staff
· Integrated web services technology platform for time and expense processing
· OCR services for remote capture of time and expense processing
· InfoPath support for distributed application processing
· Full reporting module with export options to Excel, PDF, text files
· Full support for email and SMS wireless transaction integration
· Full support for SAP EBP integration
· Full support for payroll services
Our web services approach benefits CITY OF MIAMI BEACH by delivering:
./ An efficient model for today 's SAP/ Microsoft environment.
""~'-..--.....-....._..,~~_.._-_., ~,-<__;",,,_,,,_,,,,,_,,,__~,,-_,,,,,_~,,,,w,_'I"",~--,,_~_,,,,~,_~,,'-~'~-~..'~""_.- .~.'_.~ .~'",._.. _'~"."",~_~, ._._. ,.,..".. ___.-,...,,'~_ ".... _~~.,._., .,~....~_......_........._~~^'_"'b_.. ~ ~..,_,._,.. _.......~,~_~__,._. _'_'" '_"~_;~""_"'r_'
o Web services lZive composite application aggrelZation. which is the foundation of our system. The ability to
use remote functionality without self-maintenance of codes delivers a very economical, efficient and
sustainable model. Therefore, a seamless business process experience is delivered to the end-user as a stand-
alone in macro terms and our technology allows for easier adaption by your host environment. We can email
forms for approval, integrate directly into an SAP EPB future environment or manage through our Vendor
Management System.
o Our approach is Microsoft Infopath aligned. InfoPath solves a basic problem of information collection,
along with routing and integration that is generally handled with internal or external applications. Hence,
instead of rollout and customization of traditional web application costs, there are compelling reasons to use
InoPath. XML enabled applications such as Word, Excel, Outlook as the base application layer of data
collection and validation should also be included. These InfoPath forms also have the benefit of storing the
data in XML, which is the base format/language for web services. This provides a natural standard
integration layer through protocols such as SOAP, UDDT and WSDL. TnfoPath also includes excellent
support for digital signatures and authorizations that are needed in a requisition or time collection approval
environment.
o We maintain a Web Services transaction gateway which makes supoly chain interaction more efficient. This
provides downstream integration opportWlities to the supplier commWlity. We also provide connectors that
allow suppliers to receive orders from buyers directly into their front office systems without the need of
logging into a web application. We strongly that an integrated supply chain is simply more efficient and that
over time the positive end-result will be better consumer pricing
./ An efficient model for tomorrow's SAP environment.
o We have designed our platform to operate in an environment where Web applications are de- through the use
of an inteerated web services system. The ERP vendors will certainly continue to push outward in an attempt
at reaching users outside the traditional corporate campus
o We have desifPled our platform to operate in an environment where the continued extensibility of Microsoft
Office applications on the c01J>orate desktop will continue to be emphasized.
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-~"56 !~
5"7""
"58'-1
"sir")
> 60" -'J
Attachment A
-1
r
Client intemal communications
Tandem communication to the dient
Implementation Team
Implementation Team
Tandem
Tandem
Tandem
TanderTi
City of Miami Beach,Tand I
I
I
City of Miami Beach, Tand I
i
i
I
I
I
Tandem !
Cfty of Miami Beach, Tand J
City of Miami Beach, Tand I
City of Miami BeaCh,Tand I
!
!
I
!
i
I
City of Miami Beach
Training Communications
Service Employees Communications
Secondary Supplier Communications
Transition communication
Transmonletters, incumbent and existing worI<force
Tandem information meeting invite
Application schedule
Environment/Facility
Onslta OfI\ce(s)
Team Selection
City of Miami Beach
Tandem
Tandem
Tandem
Staff On-Boarding
Office Space
Equipment/Furniture
Connectivity (phone, networi<. fax)
Supplies (Forms. Office Supplier) - Use Checklist
Branch OfI\ce
Onsite Team Selection
Tandem
City of Miami Beach
Tandem
Tandem
Tandem
Tandem
TOP Staff On-Boarding
OffICe Space
Equipment /Furniture
Connectivity (phone. networl<, fax)
Supplies (Forms, OffICe Supplier) . Use Checklist
Risk Mgmt and Safety
Sat8ty Program
Tandem IIPP/(ClientIlPP - Cal only)
Safety Posters
Safety Video
SSM Evaluations
Tandem
Tandem
Tandem
Tandem
Tandem
Tandem
Tandem
Tandem
Tandem
Safety Equipment (PPE)
W/CnnJury Proces.
Online reporting setup
Medical Providers
Tandem
Tandem
Tandem
Post Injury drug screen
Setup W/C codes and rates in OS3
Procurement
Sign-in Process for assignments
Client Specific Orientation
Attendance Program
Hire Power Process
Tandem
Tandem
Tandem
Tandem
Tandem
Tandem
Client Requirement
Required Screens (Absolute, SSA)
Customized new hire checklist
Setup OS3 characteristics in cUent job site
Create CUent Spec~ new hire/release forms
Benefrt Programs (Pay card, Benerrts in a card)
Order Fulfillment
Tandem
'Tandem
Tandem
Tandem
Tandem
Page 1
10 10
_.__..__....L.__.
61 10
62...-'
63
64
65
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78 J
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96
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99
1001
101
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f63
104. !
105
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107
108
'109 !
'~'''fio''~. J
Iff
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"-114"-'
115
Attachment A
i Task Name
_._~j'_M_'._'
.--~--Create'-RecruiiiiQ Pian' ---~ >-."-~" - "'--~---'~"-'---'-'-~-'-'-~<
Customize Order Process
Define Dispatch Process
Supplier MlImt
Secondary /alliance vendor process
Selection of Supplier
Sub Contract completed (including W9)
Secondary Orientation Meeting
Time Management
Time Capture Process
Time clock site survey
Time dock connectivity defined
Time dock hardware installation
Time clock software installation
Time system interface
Payroll and Billing
Invoice type
Credft LimiVlerms
Payout Process
Blling Process
Reporting
Define Standard Reports
Requisition Reports
Assignment Reports
Transactional Reports
Metric Reports
Define Custom Reports
Systems
Esymphony Statement of Work (SOW) defined
Esymphony SOW sign oft
Esymphony developed and tested
Esymphony User Acceptance Testing
Esymphony data load
T andom interfaces
Client Interfaces
Transition
Workforce Transition pian
Transition current workforce and form reviewlverification
Training
Program Operations Training
Client specific (ie, fork lift certification)
Tandem Processes and systems
Esymphony Training
Program Team
Customer
Service Employee
Secondary Supplier
Time System Training
Go Live
Post Go live
First Payroll Complete
First Invoice Complete
Post Go Live Training/Review S'ession by implementation team
Hand-off from Implementation to Service Delivery
30 day followup with Client
Page 2
i Resource Names
..-------.. Tandem'--'-'-'
Tandem
Tandem
;
'1
!
,
i
City of Miami Beach, T and i
C~y of Miami Beach,Tand j
Tandem :
Tandem,City of Miami Be. 1
,
!
Tandem,City of Miami Be. 1
Tandem I
Tandem
Tandem !
Tandem i
i
Tandem I
i
C~y of Miami Beach, T and i
Tandem I
Tandem
C~y of Miami Beach, T and !
!
!
City of Miami BeaCh,Tand!
City of Miami Beach, T and I
C~y of Miami Beach,Tand I
City of Miami Beach,Tandl
City of Miami Beach, T and I
Tandem,C~y of Miami Be.!
Tancfem, City of Miami Be. i
Tandem
Tandem
Tandem
Tandem
C~y of Miami Beach,Tand i
i
Tandem,Cityof Miami Be.!
Tandem
Tandem
Tandem
Tandem
,
C~y of Miami Beach,Tand i
!
Tandem .
Tandem
Tandem
i
C~y of Miami Beach,Tand!
Tandem
Tandem
Tancfem,Cityof Miami Be,l
TandemeTandem,Cny of Miami Be. j
FEE STRUCTURE
Pay- BiII-
Position Title Rate Rate
Secretary 1 $11.00 $15.40
Secretary 2 $13.25 $18.55
Clerk Tvoist $12.33 $17.26
Clerk 1 $11.00 $15.40
Clerk 2 $12_33 $17.26
Clerk 3 $15.40 $21_56
Bookkeeper $13.25 $18.55
Customer Service-
Comolaint operator $12.75 $17.85
Customer Service-
Communications Ooerator $11.00 $15.40
Personnel Technician 1 $15.75 $22.05
Carpenter $16.81 $26.22
Electrician $18_36 $28_64
Plumber $18.36 $28_64
Service Worker $9.81 $15.30
AlC Mechanic $15_75. $24.57
Painter $9.81 $15.30
Buver $13.12 $18.37
References
1. Orange County Public Schools 6. City of Fort Meyers
6501 Magic Way PO Box 2217
Orlando, FL 32809 Ft. Meyers, FL 33902
~
Susan Zielinski Colleen Glidden , ,".
,"', '.-
407-317-3718 239-332-6624 /'\ '.."
407-317-3200 fax 239-332-0593 fax ,->:..:, '--
No E-Mail ",/ '-It.. , ' '
2. City of Orlando Florida 7. Collier County
1028 South Woods Ave. 3301 Tamiami Trail E.
Orlando, FL 32805 Naples, FL 34112
Bobby Jones Scott Johnson
407-246-2314 239-774-8380
407-246-2808 fax 239-793-3795
.,-----
3. ASO Corporation
300 Sarasota Center Blvd. 8. Kimal Lumber
Sarasota, FL 34240 6520 Industrial Ln.
Eric Konzal Englewood, FL 34223
941-379-0300 Randy Carey
941-554-1434 941-809-1316
941-484-3688
No E-mail
4. Bealls International Inc.
1806 19th ST. CT East
Bradenton, FL 34208
Sheri Ball
941-744-4542
941- 708-4311
5. BlueLinxs Inc.
4300 Wildwood Pky
Atlanta, GA 30339
Lori Patten
770-221-2617
770-221-8015fax
August 22, 2005
Tandem Staffmg Solutions, Inc,
3100 NW 27yh Ave
Miami, FI 33142
To Whom It May Concern,
It is with great pleasure that we write this letter of support for Tandem Staffmg.
Carrfour Supportive Housing, a not for profit organization, has been addressing the
housing and employment needs of Miami since 1994, Carrfour's Employment and
Training Division has been working with Tandem for over three years with excellent
results.
Carrfour has over seven facilities in Miami-Dade County, with four more coming
on-line, These facilities are located from Homestead to Carol City as well as Miami
Beach. Working with HUD, SouthFlorida Workforce, and others, Carrfour has
established itself as the premier residential program in the county. Employment is a key
component in the success of Carr four and Tandem has helped that success occur. As
partners, Tandem and Carrfour have recruited and placed many semi-skilled and skilled
individuals in employment.
In addition, Carrfour has industrial specific training programs in which the graduates use
the services of Tandem. It has been a fruitful partnership and one that Carrfour will
continue to nurture, Tandem has always been a highly professional, supportive, and
effective partner for Carrfour. We strongly recommend Tandem to fill employment needs
of any organization,
Please feel free to call, 305-281-7184, if! may be of any further assistance.
Sincerely,
Jay F. Jackson, MS, MBA
Director of Employment and Training
Carrfour Supportive Housing
FRCI"l :5018 Workforce N.M.B.One$top
FAX NO. : 305-654-7188
Aug. 23 2005 02:29PM P2
VJ'J;~/ orce
..."-.-,,-.-.--..-......-....-,,..., -,' ~';;b~7:In;pioy"'iio;id'Q
August 23, 2005
To Whom It May Concern.
I am writing to you. this refere~e letter on behalf of Tandem Staffing Solutions. The North
Miami :Reach One-Stop Career Ccmter has bad the plc;asure 10 work with Tandem Staffmg
So lutioll5 for tho last two years in aasisting us with our hiring n~ and placing job orders in otir
system. In just these two years~ Tandem Staffing bas developed. an exceptional business
relationship witl1 the One-Stop Career Centers and worked as . liaison between our pllQQment
services and the job seekers.
Tandem Staffing has plaood over ],000 candidAtes throu&h our job referral system in such
positions as clerical) labor and light industrial. Tandem Staffing's high level of commitment and
dedication has made a significant contribution to our workforce and tho community.
I highly recommend Tandem. Staffing and I appreciate all their continued efforts in consistently
serving our customers~ our centers, and the commu.nity.
Please do not hesitate to contact me if you would like to hear more of how Tandem Staffing
Solutions haa attributed to our SUCoeS5.
~~~.z( L- - ~
Vice~~t ~-
Beatriz 08.viria- Lopez, V ice President
Ser JobllJ for Progress
South Florida Workforce One Stop Center
633 N.B, 167"' Street
Suite #200
North Miami Beach, Florida 33162
::=- E~\1 \ \5'\T
~
-
-
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, noRmA,
CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACI'S AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECfIVE DATE.
WHEREAS, the City of Miami Beach awards private finna contracts to provide services for
the public. The City also providea financial assiltance to promote economic development and job
growth. Such expenditures of public money allo servo the public purpose by creating jobs.
expancUnl the City"s economic base. and promoting economic security for all citizens; and
WHEREAS, such public expendituta should be spent only with deliberate purpose to
promote the creation of full-time, pcnnanent jobs that allow citizens to support thcmaelvCl and their
families with cliFit)'. Sub-poverty level wqea do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
wlpS by proYidinl their emplo)'CCs with social services luch u health care, houaina. nutrition, and
enCIJY assistance. The City has a rcsponsibiJity when spending public fundi to set a community
standard that pennits full-time workers to live above the poverty line. Therefore, contractors and
IU~lnICton of Cily service contrlCtl should pay their employees nolbinlleu than the living waF
herein dclcribed; and
WHEREAS, in addition to requiring liYin. wages for City services provided by private
finns, the City wishel to serve u an example by providinlaliYin& wIge to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY mE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Livinl Wale Requirements for City Contracts", of Anic:le
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Adminiluation"
II hfnby created to read u follow:
.'
10f9
Chapter 2
ADMINISTRATION
. .. .
Article VI. Procurement
. .. .
Division 6. Uvin, Wa,.e Requirements for Servic~ Contra~ts and City Emplovees
.. .. .
SecUon 2-401.R..pt....
DeftnltloDl
ea) "City" means the ,ovemment of Miami Beach or any authorized aRents. any board.
apn~Y. commission. department. or othercnli~y thereof. or any successor thereto.
lb) "Covcrwd EmDlowe" mpnl anyone crnpJoyecJ by the City or any Service Contractor. ..
funher defined in thil Diyision. either full or ~ time. as an emDlovee with or without
benefila or .1 an in...dent cQntraclor.
(cl '"Covered Bnmlowr" meanl the City and any and 111 Service ContrBctora. whetber
conltlClin, directly or indirectly with the City. and aubcODtr&CtOl'l of a S~ce Contractor.
Cd) "Service ContrICtor" is any individual. businea entity. cOfl)Oration (whether for Droft.
or not for profit). Dartnenblp. limited liability COIIlP~. joint venlUl'C. 01' limil.. business
who j, conductin, busineu in Miami BelCh: or Miami Dade County. and meets one: n) of
the two (2) fol1owi~1 crilCti,;
(1) The Service Contnlctor il:
(a) paid in whole <<Dart from one ormoreoftheCiCy'.-aeneralfund:
c... plQject finda.. ~fI revenue funda. or any other funda either
directly or il\dincdy. whether by com_live bjd procca. informal
biela. raq...... (or 1JI'ODOUIa.101De form of solicitation. ne"oIiation. or
almlemenL or any GIber deci.l00 to enter into a contnct: or
(b) enppd in the busineu of. or part of. a contncl to pfttvide. a
IUbconlnCl to DI'Ovide. or simil....v lituared to DI'Ovide. IOrvice..
either dined)' or indilecdy for the benefit of the Ctv. However. thi.
does not a09ly to contr8ct. related primarily to the sale of producla or
&22dL
Ie) "Covemd Serviccs" are the I. of servicel pun:hued by the City that are sublect to the
lIIquiremenu of mi. Divialon which include the followins:
(1) City Service ConbW:U
Contrllcta involvin, the Oty"s expenditure of over $100.000 per year and which
include the followi.., ~ of lervicea:
(I) food prQ&raIion ~Q( distribution:
(2) 1eCIII'i~ IaVlcea:
(3) mutine maintenBIICC services luch II custodial. cleanin,.
co~ten. refWle removal. ro.pair. refinilhill2. and ftIC~lin.:
20f9
..
(4) clerical or other non-suoervisory office work. whether temoorau
or pennanent:
(S) transoortation and p-kin, services:
l6l printin, and reproduction lel'Yicp:
(7) I.."dsc~in,. Lawn. and or ..nc:ultural services: and
(8) park and public place maintenance
(2) Should anv service. thai 11ft!! beintr nerformed b~ Citv EmnlQvees II the lime Ibis
ordinance it enacted he IOlicited in the futUl'l! bv the CiCv to be Derfonn~ by 0:
Service Contractor llych tervices thall be Covered Services subiect to thia Qivisi~n~
SECTION Z~8. a...Pl'" LIVING WAGE
ell LlY4nIWa.PaId.
it) SeJ'Yb co.~....
AD Service Contrlcton. .. defined by this Division. colenn, into a Conlr8c~v:: ~;
City of Miami Bach shill pay to all iu CDlPJo)'llel who provide services c
thia Division. .livin, w. of no leu than S8.S6 an hour withh~tht;,~fi~~~;;
livin, WAR of not leas than $9.81 an hour without health bentfhl. .. described in
this SectiOll.
iZ) Diy EmDlona
Por City Bnmlowa under the City ~v ,11ll. the City will bopn to ~y ~: w;:
consislent with die ,oal.lnd term. Qf thi. Division on ph--in b;;i; in '
the 200] -2002 City budpl Yeor'. ;n~..in, on III annual bMi. incJe~~; th~t
the Uvinl W.,r- il fully inw1ementecl for City Dq)10~1 in th~ 2003~ Ci~
budpt vear u mey be a4jualed pursuant 10 lUbaectiou eel below. ~.r.;
UviIlR Woe to be oaId by die City 10 ill elnnloWlM Mall not be ~iect 'P the ';'~~;j
ind9in. U.n. the Conaumq- Price rft~. for aU Urt-n CanIlUIMnI (CPt.In ll!llluired
under Ilubla!mq,r (~l b(!low and inaIP.ad &hall be lubiect to ne,srotiatiOlll wi~;;he
coJJ~ve hanrainhllr .ln1ctu~.
{b} HuJth Ben.nll. Por I Covered Brrmlover or the CiCy to com)))_)' ~r:v=~:
Dl'Ovision by mODlin, to ~y the lower WIle lCIIe available when ; Co p
provides heallb benefit,: ~h health benefit. shall consist of pavment .,;: :=i~:2S ::
hour to",,_ the proVISion of heaJlJI en benefil' for cO;;;; D th
dcDeDdentl. If the health _eft.. plan of the Covered BlnplQ.YflI' or ;t;; Ci;;;~rc; ;;
initial period of elltplOYmalt for a new emoJoyee to be eJimble for health ~bl::~::
oeriodl such Covertd EmDlo~r or City ~ quality to ~y the S8.56 per h _
durin, the new mnaIo1lee's initial elipbility period providM die new enWi;;';; ~ii i; ;lei
health benefits QpoD completion of the elilibility Period. Proof of the ":~:: ~~~lh
benefit. mull be submitted to the awerdin.. authority to Qualify for for
ernploveea wilh health beJWitt,
tel Indedn.. The livina WIe will be automaticallY indexed eKh veal' _ft' &he Consumer
Price Index for all Urban Consumers (CPI-tn unless the City Commi..iou ~h;;;t;;;
it would nOI be tisc::.Uv sound to implement the CPI-U in II oartieulll' year.
30f9
. ..,
~-i
_",;icatlon Reaulred Beton PaYJDeDt. Any and all contrl(:lS for Covered Service~
;.._, ..H be void, and no funds may be released. unless prior to enterinR any aueement with
the aty for. Covered Senicea contract. the cmployer certifics to the aty that it wiU D~
cach of itl emplo)'eCI no les. thlft the Jivina w.c described in Scctiog 2-408 (a), A
copy of this certificate must be madc available to the public upon requClt. T
C~J1jfiCltc. at a minimum. musl include _th~_fpllowin~:
!!lJhe nAme. A,cd-." . "--~"'I'!"!"n!'"~[!be.-em~" ..,. - ':"ontac.
,. .... .. '-.. io;i\: $occific Droiect lor \,. , _-'- ,,,. ~ Services contract
is soupt:
{2} the amount of the Covered Services contract and the City Department the
contract will serve:
(3) a brief dacriDtion of the proiect or service provided:
(4) a statement of the ~~ levels for all enlDlovees: and
(~) a commitment to pay all emg)oyccs a livin, waR. al defined by
oaruraph Section 2-408 (a).
te} OblerYatloD or Other La... Every Coveted BI1\Dlovee shall be paid not leiS thin
biweeklv. and without lubaeauent deduction or rebate on any account (exce~ 81 such
~IJ deductions u are directed or permitted by law or by. collective baruinin.
IlfI'CmenO. The Covered Employer shatl pav Covered Bn\ployees wae rates in
accordance with federal and all other aDDUCible law. such IS overtime and limilar waJC
law..
{fl ....... A COlY of the livin, wa. rate shall be kept poaled by the Covered EmDlovcr
at the lite of the work in a prominent Dlace where: it can eullY be seen and mad ~y the
Coveted EmJIOJeCI and shall be ....ied to the mnployee within a ramnable lime after
. request to do 10. Poalin. requirements will not be rcauired where the Covered
Emplovw oriDt. the followin2 statements on the front of the Coven:d Bmployee'. fint
~k and eYelY six montha tbereafter. "You IDe required by City of Miami Beach Jaw
to be plid at Ieut S8.S6 doll... an hour. If)Ou 1ft not paid tlUl hourly rate. contact YOUr
e~lo)'ltl'. an attorney. or the a&y of Miami Belch. It All notices will be printed in
Bnflilh. Soanish. ad Creole. -
(11 CGllldlve ......nl.._ Noming: in this Division shall be lad to ~m or authorize anv
Covered Bmployer to reduce wapi act by a collective barpinin, a,reement or arc
reouired under any DrevailinJ waRe law.
40f9
SECTION 2-409. Relerved
IMPLEMENTA TION
eal Procurement SDeclftcattons. The livin! waRe shall be t'CQuired in the DfOCUrcment
specificationl for all Cty service contracts for Covered Services on which bids or DmgostlS
shall be solicited on or after the effective date of this Division. The DI'OCUmmcnt
loccificltionl for "O,plicable Covered Services contract. shall include a requirement that
Service Contl1lCton and their subcontracton agree to produce III documcnll and records
rclalin, to payroll Ind compliance with this Division uoon reauest from the City. All
CoveRd Service contracts awarded subsequent to the date when thil Division becomes
effective. shall be subjett to the reauirements of this Division.
(b) Infonnatlon DI.trlbu~. All reauests for bids or RQueats for DrODOsalS for Covered
Services contl1lclS of 5100.000 or more shall include aDDrOorilte infonnation about the
requirements of this Division.
ecl Maintenance of PayroU .KOrdl. P.At!h Covered Bmolover shall maintain oavrolJs fOf
all Covered qloyees and basic records mlatin, memo and shall praerve them for I DCriod
of three (]lyean or the tenn of the Covered Services contract. whichever i, 2rCatcr. The
record. shaJJ contain:
(I) the name and address of each Covered Employee:
(2) the iob title and clulitlealion:
(3) the number of hows warted each ~y:
(4) the poll w.. earned and deductions m.de:
(5) annual wqca paid:
(6) . cQPY of the lOCial security returns and evidence of oavrnent
thereof:
(7) . record of frinn benefit payments ineludinJ contributions to
approved plans: and
(8) any other data or infonnation this Division sho~ld require from
time to time.
(d) ReDOrtJnll Payroll. BverY six (6) months. the Covered Bmolover shan tile with ttJ~
Procurement Dindor . cftnml~te Davroll showi". the Coveft!ld ~low:r'1 DIIvmll
mcordI for each CoVCftld P.mDlowe wmldn. on the contl1lclt'sl for Covemd ServicM for
one Dlvmll oeriod. Uoon reauest from the Oty. the Covered Bmplo)W &hall DrOduce
for in~tion and cQ,pyiQ' ita D.yrull recorda for any or all of itl Covered __ovees for
any period coveted by the Covered Service conb'lct. The Citv mav examine navroll
recordl u ~.d 10 ensure comDliance.
I8CnON 2-410. R..~...
CO~JANCE AND ENFQRCEMENT.
(al ServIce Contnc:lDr to Caoaerale. The Service Contractor ....all ocnnit Cirv emolovees.
~plL or ~taliYel to observe work hein, performed aI. in or on the proiect or matter
far which the Service Contractor baa I contract. The City I'CDI'aCIltativCl mav examine the
boob and recorda of the Service Connctof' fe.Blin, to the emplovmcnt and D~JI 10
detennine if the Service Contractor is in eomoli.nee with the DrOvisions of this Division,
.5 of 9
.
- (1)>1 ComDlalnt Procedures and Suetlons,
en An employee who believes that this Division anplies or IlJ)Dlicd to him or her and
that the Service Contractor. or the City. i. or wu not cOJlU)lyin, with the
requimnents of this Division has a ri,ht to file I c9mpJajnt with the Procurement
Di.tor of the City. Complaints by emplQyce. of alle,ed violations may be made
It ...y dlJ'C and shall be inyestipted wilhin tbirty (30) dI)'I by Ute City. Written and
oral statementa by an employee shall ~ treated 15 confidential and shan not be
dilClosed withololt the written consent or the employee to the extent \l'owed bv tbe
Florida Stahltel.
(21 AnY incijyjdnal or entity mal also file I complaint with the Procw-ement Director
of the City on behllf of an eml'lovee for invcatiption by the City.
(31 Itahall be the ~ponlibilitY of the CiIY to invcstipte all allentions of violations
of this Divilion within thirty (]G) ~YL I{. at any lime. the Ci~. upon inveati,mon
determines that a yiolaliOn of Ihi. Division has occurred. it shill. within leD 1l0)
workin, ~ of I finelin, of non-comDliance. issue. notice of corrective Ktion to
the elllmover ~i(yilllf III areas of non-comoliance and dadlina for resolutions of
the idenlifaed Yiolations. If a Servic:c: Con1nlctor f_11 to comply with any notice
iSJI~ the Ci,y ManlJCf' or the City Man-pr'. _ipee ~ llIue an order in
wridnR to the Service Contnclor. by certified m_J or band deHverv. notifvin, the
Service Contl'8Ctor to ..... at In administrldve hemn, before the City Man..e~
or the Ci~ MlUta..-"s desipee to be held at I time to be fixed in such order. which
datA IhalIIle not lesl than five ('I days after service thereof.
(4) The proceedill'l mall be infonn,l. but shall a(fwd the Service Contractor the
riJihl to teatifv in the Service Contnctor"s own defense. pre.,..t WitncaICS. be
rmRIenred ~v counacl. lubmit n:levant evidence. croll examine witftClscs and
object to evidence.
l') The proccedinp &hall be recorded and minutes k~Dt by the City. Any Service
Contractor requirinR yerbdim minutes for iudicial review IDI1Y lITIIl,e for the
lClVices of I coon ~DOI1er at the exoenae of the Service ~ontl'lCtor.
(6) Within ten (10) ~ or the cJoae of the hearin~ the City M~er or the City
Manar's cleaipaee ahall render I decision in wrili", detIlrmipiq whether or not
the Service Conb'lctm i. in compliance.. or whether other action .ould be taken.
or whether the malb!r Ihould ~ continued. II 1M cue maY be. and It.tinl! the
reaons and findinp of fact.
m The CitY Man... or the City Man.pr'. de.iaee shan file !indin.. with the
aty Clerk.. shallacnd . true and COl'IIlCl cog~ of bil 9n111r bv c:ertiQecl mail.
return teeeipt l'ICJucsted. or b,y h~ deUveJy. to the _inels address II the
Service Conlractor shall delil".t~ in wrilin,.
(II The Citv Manager's or desIID."I findinn ahaIl constitute the tinal
administrative action of the Cit)' for pUl'DOlClI of iudicial review under srate I,w.
60(9
.
(9) If a Service Contractor fails to seek timely appellate review of an order of the
City Mana2er or the City Mana2cr's cl~sienee. or to comply timcly with such
order. the City may pursue the enforcement of sanctions sct forth in Section 2-
4JO (cl.
Cel Prly..~ Jlttht or Adlon A....ut Senlft Contraetor An" Covered Emolovee of or
for'IIIM Co"ered Brrlnlowe of . Service Contractor ma". in_tead of ulilizin2 the City
ad.mini.~tive mocedUI1! let forth in thi- Divilion. but not in addition to such DI'OCedure.
brinll an action bv filiall Aui. a.ainat the Covered Emotovel' in any court of comoelent
iurildietion to enforce the umvisions of lhis Division and m.v be awsmrIM _It nay. benefits.
dome"'_ feel. and costA. The .DDlicah~ II.tnte of limitalioftl for luc:h . claim will be two
(2\ vean .. nmvidM in Florid. Statulfll Section 95.1114\(c\ for an action ror DaYmlCnt of
"(aMI. The cowt may 8110 i~DOI8I~tion. on the ~ervice ConlnCtor. includi~1I those
nenona or entitle. aidinR or ahl!ttin. the Service Contractor. to include walle reatitution to
the affected Coveted Bmnlovee and dams.. oavable to the Cov~ EmotQwe in the sum
of un to $500 for M~h week each Service Conh'RCtor il 'ound to have violAIM thil Division.
Cd) Sandlo_ A.Dlnlt Service Contradon. For "iolationa of this Division. the City shall
sanction I Service Contractor bv l'eQuirin, the Service Contractor to Da" w_. restitution
at the employcn expense for each affected employee ansS may aeee.. the fOllowin,:
(I l The City ~y impose clamaaes in the awn of 5.500 for each week for each
emDlovee found to hive not been paid in accOrdlllCC with this Division:
andlor
(2) The City may -susoend or tenninate Davment under the CoyeRd Serviccs
contract or terminate the conlnct with the Service Contractor: andlor
(3l The City may dccln the employer ineliRible for future service contracts
(or three (3) yean or until all oenaltiea and restitution have been paid in full.
whichever ialonJC!'. In addition. all ernDloycrs shall be inelipble under this
section where principal ofticerl of the eDlPloyer were principal ofticcn of an
e~lo~r who violated this Division.
tel Public Recant of SaDdloD'. All such sanctions recommended or imDOsed shall be a
maltel' of public record.
If) ~IUI for AldlDl! and A.beUinl!. The unctions in Section 2-410 te) shall also applv
to"1 partv or parties mdin, and .bettin, in any violation of this Division.
Ct.l ."'llallon ad Dllcrlmlnadon Barred. A Covered BmDlover shall not dischlU'2.e.
-'.- die compensation. or otherwise discriminate qailllt any Covered EmDlow=e for
maldna a co~laint to the Cty. or otherwise ulCJtin, his or her riRhr. under this
Division. participatin, in any of ill proceedinp or ualn, lilY civil remedies to enforce
hi. or her riMII under this Division. AlleRlllions of retaliation 01' dillCriminlllion. if found
b'Ue in a oroceedinR under para~ (b) or ~y a court of competent iurisdiction under
D8I'UI'aDh tc). shan result in an order of restitution and reinltalflment of. dilChafl~ed
Coventd Emplovee with back pay to the date of the violation or such other ~lief as
deemed ..,pIODriate.
70f9
~
:
(h) EnrQrcement Powers. If necessary for the enforcement of this Division. the Ciry
AIl......J Commission may issue sU~DOenas. coronel the attendance and testimony of
witnes.a and Droduction of books. DIDClI. reconla. and documentl relatin, to DavroU
records necessarv for hearinR. inve.tiJations. and proceedinp. In case of disobedience of
the .ub,poenL the City Attorney may applY to I court of comoetent iurisdiction for an order
requirintl the attendance and testimony of witnesaea and oroduction of book.. ~n.
recorda. and document.. Said court. in the cue of the refusal to obey such .ubpoena. after
notice to the person lub,poenaed. md upon findin, that the attendance or testimony of such
witnease. of the production of such books. Daoera. records. and documents. u the cue may
be. i. Mlevant or neces.., for luch hearinp. investiptions. or proceed;n,.. maY isaue an
order requirin, the attendance or testimony of such wilneaaea or the production of such
documents and any violation of the court'. order m~ be punishable by the court 81 conteq)t
thereof.
(i) RemedJ. Herein Non.Exdulve. No remedy let forth in thi. Division is intended to
be exclusive or a prerequisite for anertin, a claim for relief to enforce the rieht. under Ihis
Divi.ion in a court of law. This Division shall not be construed to limit an ernplovce's ript
to brinR a common law cause of Betion for wroncfuJ tennination.
SECI'ION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same arc hereby
repealed,
SECTION 3. SEVERAQILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shaJl not be affecled by such invalidity.
SECTION 4. CODIFICATION.
It i. the intention of the Mayor and City Commission of the City of Miami Beach. and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
qf the City of Miami Beach. Florida. The sections of this Ordinance may be returned.
80f9
.
,
SECTION 5. EFFJCTlVE DArE.
This Ordinance shall take effect on the 28th day of Aprl1 , 2001.
PASSED and ADOPl'ED this..!!!!!.. day of April, 2001.
A TrEST:
. fJ MAYOR
1Ztl~J- P(tlc.i~
CITY CLERK
ht reldin.
2nd Medinl XX
~d1n&nc. No. 2001-3301
APPROVED AS TO
FORM A LANOUAOB
cl FOR BXECUJ10N
r- t?;?-r;)L
....,---......---...
90f9
ORDINANCE NO. 2003-3408
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED
"ADMINlSTRATION"; BY AMENDINO ARTICLE VI,
ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED "UVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2~08(b), ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "EUGIBlLlTY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE
THE sa.5I PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABIUTY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS. the City award,. contracts to private firms to provide serVices for the
pUblic and also provIdes financial assistance to promote economic development and job
growth; and
WHEREAS, such expenditures of public money also serve a public purpose by
creating jobs. expanding the City's economic base. and promoting economic security for all
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
to promote the creation of full-time. permanent jobs that aRow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose. and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such 8S health
care, housing, nutrition, and energy assistance; and
WHEREAS, the City has 8 responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore, contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City
employees. -
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2. entitled "Administration, of the Miami Beach City Code Is
hereby amended to read 8S follows:
Chapter 2
ADMINISTRATION
. . .
Article VI, Procurement
. . .
Division 6. Living Wage Requirements for Service Contracts and City Employees
. . .
SECTION 2-408. LIVING WAGE
. . .
(1tJ H..lth alReflle. Fer a Cel,wed EMpleyer er 'he City te _"'Ply wilh 'he Ii~AII walle
p,g'/iBieA By sheeliRI te pay the le':.18r wage Issie aveReb/. 'JJh.n a eevl,." ''''Pleyer
alee p...-M88 heaau. benefits. Iwsh heallh beAeI. .1:1.11 GeRllet sf payment sf .t le8et
$1.2& per hewr tew&rdB the pRFJleleR ef helm. 68,. lIeRella fer CcweFed iMpl.el aA"
th.'r "epeA"IAtB. If the h.altA beAefits plaR ef Ih. CeV'ere" _"",eyer.r I!.. City ,.....1....
SA IR.8I peRei Gf ,"'p/ey",e"t fer a A....: e",pl.yel te &II elll"'. fer health beAe.
(e/igllllll~ peFi~) lush C&VI.. 'mpleyer er CIIy mav .."allly te pay &he $8.&& per hewr
\Vall Icale -'''RAI *8 Aew e",pleyee', elill~lIi~ peFiN pNMde" the A8Vf 8Mpleyee will b.
plld "Sllth tieR.... ..peA 68fRplelleA sf the elllitilllly perl.. Pr:eef ef the pAl'll.ieA ef
~e81th beRefits ",wst III Iwtimltte" Is the awa~1n8 .wt"8r~' te .....UIy fer t". wage Fate fer
.",pleyell ,.-,it" healt" tieAefit6.
(~ He.1th Benefl": ellalbHl1Y DBrlod. For a Covered EmDlover or the CItY to comDlv with
the IlvInD waDe Drovlsion bv chaosloa to DaY the lower waae ICf8Ie avall.ble when a
Covered EmDJover also DrovideB health benefits. Buch he.lth benefits shall consist of
paYment of at least 51.25 Der hour toward the Drovlslon of health benefits for Covered
EmoIovee~ and their deDenden18.
If the health benefits Dlsn of the Covered EmDlover or the Cltv reQuires an Initler oertod of
emDlovment for a new emDlovee to be ellaible for health benefits (eUDiblllty oertod) the
living waae DfOvlsion shan be comDlled with as foflows durina the elialbllltv oeriod:
(1) Provided the new emDlovee wit be oaJd health benefits uoon the comDletfon of
the 811gibl!tv D8rlod. a Covered EmDlover or the CItY mav onlv aualify to DaY the
sa.56 per hour waae scale for a term not to exceed the first ninety (JK>) days of
the new 8mD'Ovee's ellaibllltv Deriod. Slid term commenclna on the emDrovee's
date of hire.
---
(2) If the Covered Emoloyer's or the Citv's eliaiblllW oeriod exceeds the ninety (gO}
day term orovided In subsection (11 a~e. then the Covered EmDlover or the
City. commenclna on the ninety first (91 ) dav of the new emolovee's eligibility
Derlod, must commence to Dav 8 livioo wace of not les8 than $9,81 an hour.
Proof of the Drovislon of health benefits must be submitted to the awarding authority to
9ualifv for the wsae rate for emolovees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance Is held invalid, the
remainder shall not be affected by such Invalidity.
SECTION 4. CODIFICATION.
It Is the intention of the Mayor and City Commission of the City of Miami Beach. and it Is
hereby ordained that the provisions of this Ordlna~ce shall become and be made 8 part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
returned.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this 30th
,2003.
ATTEST:
MAYOR
~~ f 1M J.u,.
CITY CLERK
.........,... .."
1 st reading
2nd reading
..~AIIlO
POMI alNlGUAGll
.IGIIDIGUIION
TMGENOA\2003\apf0803\nIguJ.r\L.lvlng Wa;. Prob Per CM 03 ord.doc