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ITB-20-055-07 Best Candidates LLC dba Creative StaffingC O N T RA C T N O . 2 0 -0 5 5 -0 7 MIAM I BEACH Procurement Department, 1755 Meridian Avenue, 3" Floor, Mi am i Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 SENT VIA E-MAIL TO: pamelatorres@creatiyestaffing.com March 6, 2020 Pamela Torres Best Candidates LLC dba Creative Staffing 7700 North Kendall Drive, Suite 304 Miami, Florida 33156 Phone: 305-279-7799 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (1TB) NO. 2020- 055-AY, FOR TEMPORA RY STAFFING SERVICES. Dear Ms. Torres: On December 17, 2019, Best Candidates LLC dba Creative Staffing., (the "Contractor") submitted to the City of Miami Beach, Florida (the "City") a response to the above-referenced 1TB. The 1TB stipulates, pursuant to Section 0200, Sub-Section 16, Binding Contract, that the approval of the City Manager's recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. This letter shall serve as official notice from the City that the Mayor and Commission at its February 12, 2020 meeting approved the City Manager's recommendation, pursuant to the 1TB, to award a contract to Best Candidates LLC dba Creative Staffing., (the "Contractor") for temporary staffing Services in the following line items: • Administrative Services • Industrial Services No services may be performed until such time as the City has issued a Purchase Order. If you have any questions regarding this letter of notification of award, you may contact Valerie Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Ramon Suarez, Human Resources Department at RamonSuarez@miamibeachfl.goy or (305) 673-7000 ext. 26395. 4- Director Procurement Department AD/ME/AG We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. A TT A C H M E N T A R E S O L U T IO N C O M M IS S IO N IT E M S A N D C O M M IS S IO N M E M O R A N D U M / Coversheet Page 1 of2 Competitive Bid Reports • C2 B MIAMI BEACH CO MMISSIO N MEMORANDUM TO : FR O M : D A T E : H o n o rable M a yo r and M e m bers of the C ity C om m ission Jim m y L. M or a le s, Ci ty M an ager Feb ru ar y 12 , 20 20 S U B JE C T : R E Q U E S T FO R A P P R O V A L TO A W A R D A C O N TR A C T PU R SU A N T TO IN VITATIO N TO BI D (ITB ) NO. 2020-055- A Y FO R T E M P O R A R Y S TA FF IN G S E R V IC E S . R E C O M M E N D A T IO N The A dm in istra tio n reco m m e nd s tha t the M ayor and C ity C om m ission of the C ity of M iam i Beach, Florida appro ve the C ity M a n ag e r's recom m e nd a tio n pe rt aining to bids received, pursuant to 1T B 2020-055-AY, for tem porary staffi ng serv ices. BACKGROUND/HISTORY Th e H u m a n R e so ur c es D ep a rtm en t curre ntly utilizes tem porary st affing agenci es to fill short-term st affing needs of dep artm en ts. S o m e of th e ben e fits of ut ilizi n g sho rt -term st a ffi ng in cl ude qui ckl y addressing operational needs, sche dul in g flexi bility, and reduced ove rt im e costs. T he curren t co ntracts w ith tem po rary staffing agencies expire on or about Febru ary 25, 2020. To seek replacem ent co n tracts, the A d m in istratio n issue d Invitatio n to Bid (1T B ) 1TB 2020-055-AY. The 1T B incl udes tw o categories of tem porary w or k e rs: offi ce an d in d ust rial (tra d e s, sanita tion, etc.). Th e ITB , as is th e ca se wi th m o st tem p or ar y st affin g arr angem en t s, is structured as to allow m aximu m flexibi lity in recr uiting th e be st can di d ate s for th e re q uirem en ts of th e requesting departm en t . Costs are usually calc ulat e d as th e total of th e negotiat e d ho ur ly rate for the em p lo yee m ultiplie d by th e perc ent a ge m ark -up (overh ead, in surance, profit, etc.) that each firm has submi tte d in resp o n se to the 1T B . Typ ica lly, the H um a n R esources D epart m ent w ill w ork w ith the firm offering the low est m ark-up and will only pro ce e d to othe r firm s w he n no qu a lified candida te can be re cruited. For this reason, it is im portant to have a pool of firm s available to the H u m a n R e so u rces D e pa rt m e n t. T his is especi ally true in the current tight labor m arket. ANALYSIS T he 1T B w a s issue d o n N o ve mb er 13 , 20 19 , wi th bid opening date of D ecemb er 20, 2019. Th e Procurem ent Departm ent issued bid no tice s to 2,2 30 com p a n ie s utilizing ww w.bidsyn c.com w eb site. 139 prosp ectiv e bid ders accessed th e adverti sed solici ta tion. Th e no tice s re su lted in the fo llo w ing re spo nses for various item s. See Attachm ent A fo r the m ark-up rates pro posed by each bidder. A d mi ni stra tive 4 B e st B u sine ss C o rp . B e st C a n d id a tes LL C db a C rea tive S taffi ng Diskriter, In c. E D S S e rv ic e S o lu tio n s, LLC In form a tio n S yste m s C o nsu ltants. In c. Inte g rity T rade S er vi ces LL C P .I.E . M a na g e m e n t, LL C Pr e ci si on S taffi ng , In c. db a A P R ecrui ter s & A sso c ia te s So/tHQ , In c. W e st af f Ind u stria l A the na C onsulting C o rp ora te Tem ps, Inc. Eby te Tech nol ogie s, Inc. E m ploym ent Solutions of New York. Inc. In tegrated Staffi ng M anpow er P ackplus Inc. dba Josrn ar M edical Staffi ng R edcon Solutions G ro up LLC Te ch A rm y LLC W orksquare, LLC 4 B e st B u sin e ss C o rp, C orp or a te T em ps, In c. E byt e T e chn ol o g ie s, In c. E m p lo ym e nt S o lu tio n s of N e w Y o rk. In c. Inte gr a te d Staffing P .1.E . M a n ag e m e nt, LL C P re cis io n S taff ing , In c. db a AP R e cruite rs & A ssoci at e s S o ftH Q , In c . Best C andidates LLC dba C reative Staffi ng Di skriter, Inc. ED S Serv ice Solutions, LLC Info rm ation System s C onsultants, Inc. Integ rity Tra de Serv ices LLC Packplus Inc. dba Josrn ar M edical Staffing R edco n So lutions G ro up LLC W ork sq uare , LL C S taff ha s ve rifie d tha t the bid s su b m itted m et the requirem ents of the 1T B and can be considered. FINANCIAL INFORMATION T he co sts o f the re la te d se rv ices are subject to funds availability approved thro ugh the City's budgeting pro cess. https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemlD=15671&Me... 2/18/2020 C o v e rsh e et Page 2 0f 2 CONCLUSION It is important to have a robust pool of firms able to provide the departments with qualified temporary personnel as needed. Therefore, after reviewing the bids received and the evaluation of staff, I recommend that the Mayor and City Commission approve the award of the following contractors pursuant to 1TB 2020-055-AY for Temporary Staffing Services. In assigning work, the Administration will endeavor to utilize the contractors with the lowest percentage markup, as noted in Attachment A, first before proceeding to other contractors in order of percentage mark-up. For administrative services: 4 Best Business Corp. Athena Consulting Employment Solutions of New York, Inc. Worksquare, LLC P.I.E. Management, LLC Diskriter, Inc. Best Candidates LLC dba Creative Staffing for industrial services; 4 Best Business Corp. Employment Solutions of New York, Inc. Diskriter, Inc. Best Candidates LLC dba Creative Staffing P.I.E. Management, LLC Integrity Trade Services LLC Applicable Ar e a Citywide ls this a_Resident Right to Know item? Yes Does this item utilize G.O. Bond Funds? No Legi slatiyg 1racking Human Resources/Procurement ATTACHMENTS: Description n Attachment A https://miamibeach.novusagenda.com/agendapublic/Cover'Sheet.aspx?Item1D=15671&Me... 2/18/2020 ATT ACHM ENT A BID TABULATION 1T8 2020-055-4Y 'At h en a C on sulting 19.50% 'mioyment Sol ution s of New York, Inc. 22.00% "Employment Sol ution s of New York , Inc . 21.00% 'Diskriter, Inc. 23.25% "W ork squar e, LLC 21.00% '3est C an did ate s LC dba Cre ative Staling 23.30% 'IE. Ma nageme nt, LC 21.50% 'PIE. Management LC 25.00% 'Oi skriter , inc. 21.65% 'Iegrly Trade Serices LLC 25.3 0% 'Best Candidates LL C db a Cre ative Sta5ng 21.70% Precision Sa/frg, Inc. dba AP Recruiters & Associates 28.0 0% Precision Staffing. le. db2 AP Recr uiter s & As sociates 23.00 % R eicon Solutions Grc up LLC 28.00% Inte grity Tra de Services LLC 23.80% Eb yte Technol ogi es, inc. 29.5 0% Westaff 23.90% Packplus Inc. db a Josm ar Me dical Sta ffin g 30.00% byte Techn ologies, Inc. 28.00% Wor ks quare, LLC 31.00% Packplu s inc . db a Josm ar M edical Staffing 28.00% SoH0, Inc. 33.0 0% Redcon Solutions Group LLC 28.00% Corp or at e Tem ps, Inc. 37.00% S012, I. 30.00 % infor m ation System s Con sultan ts, Inc. 35.0 0% Informat cn System s Consultan ts, Inc. 31.0 0% Inte grate d Staffing 41.00% Manpower 32.00 % EDS Service Solutions, LC 50.00% C arp0r ate Temps, Inc. 34.00% Integrated Stafng 37.00% Tech Army LLC 44.97% S Service Sol utions. LLC 45.00% denotes award recommen dation ATT ACHM ENT B SOLICITATION (ITB ) AND ADDENDUMS City of Miami Beach Bid 2020-055-A Y Solicitation 2020-055-AY TEMPORARY STAFFING SERVICES Bid Designation: Public M/ I l t · ' City of Miami Beach 11/13/201912:13 PM p. 1 City of Miami Beach Bid 2020-055-AY Bid 2020-055-AY TEMPORARY STAFFING SERVICES Bid Number Bid Title Bid Start Date Bid End Date Question & Answer End Date Bid Contact 2020-055-AY TEMPORARY STAFFING SERVICES In Held Dec 17, 2019 3:00:00 PM EST Dec 10, 2019 5:00:00 PM EST ARJU YUDASTO 305-673-7490 ARJUYUDASTO@MIAMIBEACHFL.GOV Pre-Bid Conference Nov 22, 2019 10:00:00 AM EST Attendance is optional Location: Procurement Department 3rd Floor; Conference Room 1755 Meridian Avenue Miami Beach, FL 33139 Dial-in Instructions: -Dial the Telephone Number: 1- 888-557-8511 -Enter the Meeting Number: 6916771 and then press the pound (#) key Description 1. GENERAL. This Invitation to Bid (1TB) is issued by the City of Miami Beach, Florida (the 'City'), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the 'bid') to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the 'contractor[s)') if this 1TB results in an award. The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this 1TB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this 1TB. Additionally, prior to submittal of the bid, bidder shall verify that il has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with qualified firm(s) to provide temporary administrative and industrial staffing services, as specified herein as further defined in Appendix C. There is no specific projected budget for the services. However, during the last 3 fiscal years, the City's average expenditure for temporary staffing services has been $2,400,000. The City's Living Wage Ordinance (found on the following link: https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeld=SPAGEOR_CH2AD_ARTVI PR_DIV6LIWARESECOEM) shall be applicable to any resulting agreement. The successful bidder(s) shall be required to comply with the ordinance requirements and submit all requested payroll data through the City's compliance portal, LCP Tracker (LCPTracker.com). 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: 11/13/201912:13 PM p.2 C ity o f M ia m i B e a c h Bi d 2 0 2 0 -0 5 5 -A Y 1TB Issued November 13, 2019 Pre-Bid Meeting November 22, 2019 at 10:00 am Deadline for Receipt of Questions December 1 O, 2019 at 05:00 pm Responses Due December 17, 2019 at 03:00 pm Tentative Commission Approval Authorizing Award January 2020 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Arju Yudasto 305-673-7490 x26695 ArjuYudasto@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394.4188. 11/13/2019 12:13 PM p. 3 City of Miami Beach Bid 2020-055-A Y MIAMI BEACH [THIS PAGE IS INTENTIONALLY LEFT BLANK] 11B 2020 055A Y 11/13/2019 12:13 PM p.4 City of Miami Beach Bid 2020-055-A Y MIAMIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 NOT UTILIZED . 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS . 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT . APPENDICES: APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS "NO BID" FORM SPEC! FICATIONS SPECIAL CONDITIONS COST PROPOSAL FORM INSURANCE REQUIREMENTS 11/13/2019 12:13 PM p. 5 City of Miami Beach Bid 2020-055-A Y MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (1TB) is issued by the City of Miami Beach, Florida (the "City), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[s]") if this 1TB results in an award. The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this 1TB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this 1TB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with qualified firm(s) to provide temporary administrative and industrial staffing services, as specified herein as further defined in Appendix C. There is no specific projected budget for the services. However, during the last 3 fiscal years, the City's average expenditure for temporary staffing services has been $2,400,000. The City's Living Wage Ordinance (found on the following link: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVI PR DIV6LIWARESECOEM) shall be applicable to any resulting agreement. The successful bidder(s) shall be required to comply with the ordinance requirements and submit all requested payroll data through the City's compliance portal, LCP Tracker (LCPTracker.com). 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: 1TB Issued November 13, 2019 Pre-Bid Meeting November 22, 2019 at 10:00 am Deadline for Receipt of Questions December 10, 2019 at 05:00 pm Responses Due December 17, 2019 at 03:00 pm Tentative Commission Approval Authorizing Award January 2020 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: ITB 2020055AY 11/13/2019 12:13 PM p.6 City of Miami Beach Bid 2020-055-A Y MIAMI'BEACH The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT($). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 34 Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-557-8511 (Toll-free North America) (2) Enter the MEETING NUMBER: 6916771 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this 1TB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through BidSync. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http:/ /library. municode. com/index.aspx?clientl D= 13097 &state I D=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www.miamibeachf]_goy/city-hall/procurement/procurement-related-ordinance-and-procedures] • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCED URES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEED INGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAM PAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAM PAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQ UIREMENT FOR CITY CONTRACTO RS TO PROVIDE EQUAL 11/13/2019 12:13 PM p. 7 City of Miami Beach Bid 2020-055-AY MIAM/BEACH BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQ UIREMENT..................................................... CITY CODE SECTIONS 2-407 THRO UGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTR OLLED BY VETERANS AND TO STATE-CER TIFIED SER VICE- DISABLED VETERA N BUSINESS ENTER PRISES............................. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES.............................. CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through BidSync. 1 O. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest 11/13/201912:13 PM p. 8 City of Miami Beach Bid 2020-055-A Y MIAM[BEACH responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the 1TB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any Services, unless set forth in a written Purchase Order. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 11/13/201912:13 PM p. 9 City of Miami Beach Bid 2020-055-A Y 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (1 O) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in 11/13/201912:13 PM p. 10 City of Miami Beach Bid 2020-055-A Y MIAMI BEACH default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 34 Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time 11/13/201912:13 PM p. 11 City of Miami Beach Bid 2020-055-A Y MIAMI/BEACH may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 11/13/201912:13 PM p. 12 City of Miami Beach Bid 2020-055-AY MIAMIBEACH 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one ( 1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions 11/13/2019 12:13 PM p. 13 City of Miami Beach Bid 2020-055-A Y MIAM/BEA CH that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 11/13/201912:13 PM p. 14 City of Miami Beach Bid 2020-055-AY M1A MA/BEACH f/\lf\ht' ', 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special 11/13/201912:13 PM p. 15 City of Miami Beach Bid 2020-055-AY MIAM[BEA CH Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 38 Floor, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a 11/13/2019 12:13 PM p. 16 City of Miami Beach Bid 2020-055-AY consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item' being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 11/13/201912:13 PM p. 17 City of Miami Beach Bid 2020-055-AY SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1- Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3- Minimum Requirements Submission The City reserves the right to request any documentation omitted, with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 11/13/2019 12:13 PM p. 18 City of Miami Beach Bid 2020-055-AY APPENDIX "A" ] I 4 !! Proposal C ertificat ion , Q uestionnaire & Requirements Affidavit 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 11/13/201912:13 PM p. 19 City of Miami Beach Bid 2020-055-A Y Solicitation No: Solicitation Title: 2020-045-A Y TEMPORARY STAFFING SERVICES Procurement Contact: Tel: I Email: Ariu Yudasto (305) 673-7490 #26695 AriuYudasto@miamibeachfl.aov PROPOSER 'S NAME: NO. OF YEARS IN BUSINESS: I NO. OF YEARS IN BUSINESS I NO. OF EMPLOYEES: LOCALLY: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTER S): CITY: STATE: I ZIPCODE: TELEPHONE NO.: TO LL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: I ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR TH IS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TO LL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto; to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; that proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; that all responses, data and information contained in the proposal are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 11/13/2019 12:13 PM p. 20 City of Miami Beach Bid 2020-055-A Y APPENDIX A2 - QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. Attach any requested information. Nam e of Pro poser's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 1. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 2. References & Past Performance. Proposer shall attach at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 3. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due ti non-p¡rrormance by any public sector agency? [ Jrs o SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 4. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. 5. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least $2.26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least $2.74 per hour, or a living wage rate of no less than $14.44 per hour without health care benefits. 11/13/2019 12:13 PM p.21 City of Miami Beach Bid 2020-055-AY 6. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least $3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal, LCP Tracker (LCPTracker.net). SUBMITTAL REQUIREMENT: Indicate below that Proposer agrees to the living wage requirement. Failure , to agree shall result in pryosal disqualification. L ]YES NO Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. • Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? L re L Jo • • Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to do1estic Jartners of em,loyeey YES NO Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such 1 as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. 11/13/201912:13 PM p.22 City of Miami Beach Bid 2020-055-A Y Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related- ordinance-and-procedures/ 7. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Failure to agree shall result in propolal disralification. LJrs wo 8. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e- procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 11/13/2019 12:13 PM p.23 City of Miami Beach Bid 2020-055-AY APPENDIX B 4 I "No Bid" Form 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 11/13/201912:13 PM p.24 City of Miami Beach Bid 2020-055-AY Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_ do not_ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: _ Title: _ Legal Company Name: _ Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Arju Yudasto, Procurement Contracting Officer I PROPOSAL # 2020-055-AY 1755 MERIDIAN AVENUE, 3' FLOOR MIAMI BEACH, FL 33139 11/13/201912:13 PM p. 25 City of Miami Beach Bid 2020-055-A Y APPENDIX C M in im u m R e q u ire m e n ts & S p e c ifi c a tio n s 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 e fp53767e,y e o 11/13/2019 12:13 PM p. 26 City of Miami Beach Bid 2020-055-A Y C1. Minimum Eligibility Requirements. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services. Additionally, the Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Firm or Principal shall have provided services similar in scope and volume, at the City's sole discretion, to those described herein to at least two (2) private or public entities in the last five (5) years. For each qualifying entity, provide: name and address of entity, service period, entity representative, telephone and email address. Submittal Requirements: For all qualifying projects submitted, Bidder shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone number, 5) Contact's Email, 6) Narrative on Scope of Services Provided, 7) Contract amount and completion date and 8) Historical Significance (if any), including original date of completion. Inability to verify project information may result in the submittal being found non-responsive C2. Statement of Work Required. The successful bidder(s) shall provide the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City, to perform as a temporary agency employee, the duties, functions and responsibilities of the positions requested. C3. Specifications. 3.1 Administrative and Industrial- Temporary Professional Services 1. Candidates Submitted for the City's Consideration. Upon request from the City Firm shall provide candidates for the job classifications requested by the specific department at the time and place requested. Typically, three or more candidates are required to be submitted for each vacancy at the discretion of the requesting department. Candidates shall be provided at no cost to the City. If the primary vendor fails to provide qualified individuals for the job classification requested within the specified lead time, the City will request the services of the secondary and/or tertiary vendor. 2. Firm agrees to provide only skilled, knowledgeable and experienced personnel to perform services on a temporary basis to the City. Firm also agree to provide the City information on any candidate(s) whose quality of services had been previously determined to be unsatisfactory by any City department. 3. Background Checks. Any temporary staffing employee selected for placement in a City department must successfully complete a background check conducted by the City using the Florida Department of Law Enforcement (FOLE) Volunteer and Employee Criminal History System (VECHS). Drug Testing should be conducted in accordance with Title 49, Code of Federal Regulations, Part 40. The successful bidder(s) must provide 1 O Panel drug testing of all personnel supplied to the City, and proof of drug test prior to the acceptance of any personnel approval for an assignment. Bidder's employees must test negative in order to begin work on any City assignment. Bidder shall bear all cost associated with the initial drug tests. 11/13/2019 12:13 PM p. 27 City of Miami Beach Bid 2020-055-AY The City's current 11- panel drug test and cut-off levels are as follows: Initial Test GC/MS Confirm Test Drugs Level Level Amphetamines 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine metabolites 300 ng/ml 150 ng/ml Marijuana metabolites 50 ng/ml 15 ng/ml Methadone 300 ng/ml 150 ng/ml Methaqualone 300 ng/ml 150 ng/ml Methylenedioxyamphetamine 500 ng/ml 250 ng/ml (MOA) Analogoues Opiates 2000 ng/ml 2000 ng/ml Phencyclidne 25 ng/ml 25 ng/ml Propoxphene 300 ng/ml 150 ng/ml In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40. In no case shall a candidate who tests positive for drugs or alcohol be submitted as a candidate for City assignment. 4. The City's representative and successful bidder shall mutually agree on the hourly salary, job description, minimum qualifications, duties and responsibilities for each position, as needed. The overhead and expenses markup proposed shall be added to the Temporary Employees' pay rate to determine the bill rate. No other fees or taxes are allowed 5. Firm must inform the City of any temporary staffing employee who will be accepted for assignment at the City when currently on assignment elsewhere. 6. No substitution of staff with lower skill-base will be acceptable without the prior approval of the City. 7. The Firm agrees not to place an individual in any City department without the approval of the Human Resources Department. 8. The Firm agrees not to place any individual in a temporary assignment with the City who was previously employed by the City as a regular employee without prior approval of the Human Resources Department. 9. Upon request from the City, Firm must immediately replace any personnel providing services whose quality of services is unsatisfactory to that City department. The City will not be charged for unsatisfactory services. The City will exclusively determine if the quality of the services of any temporary personnel is satisfactory or unsatisfactory. 10. Should any person terminate employment with the Firm while such person is providing services to the City department, Firm must agree to immediately replace such person with a person having similar skill, knowledge and experience (with prior approval of the City). 11/13/2019 12:13 PM p. 28 City of Miami Beach Bid 2020-055-AY Firm shall replace the person expeditiously at the same. 11. The City shall have the right to determine the period of time and work schedule of all personnel provided by the Firm to perform services as a temporary agency employee. The City will not warrant or guarantee the period of time or work schedule of any person provided by the Firm to perform services at a designated department at the City. 12. All candidates placed in the City shall be employees of the firm and, at no time, shall the City be liable for any employer responsibilities to the firm's employee. 13. After 120 days, the City may hire the temporary employee with no penalty or cost to the City. Below please find a sample list of commonly used Class Descriptions and Workers Compensation Class Codes. This list is not exclusive. The City reserves the require temporary personnel for other WIC categories after award. W/C Class Code Class Description Mosquito Extermination or Control by Spraying & Drivers, Tree 106 Department - All Employees and Drivers 3064 Siqn Manufacturing/Screen Printing Parking Meter Repair & Salespersons, Drivers; Parking Meter 5192 Change Collectors & Salespersons, Drivers; 5403 Carpentry Painting of Stripes on Parking Lots & Drivers, Painting Shop 5474 Operations; Tank Cleaning (Oil or Gas Storage) Street & Road Construction: Paving, Repairing, Surfacing or 5506 Resurfacing & Drivers Street Cleaning & Drivers, Street & Road Maintenance & 5509 Drivers, Traffic Line or Road Marking & Drivers Project Manager, Construction Executive, Construction 5606 Manager/Superintendent Waterworks Operation - All Employees including Store 7520 Employees & Drivers 7580 Sewage Disposal Plant Operation & Drivers Radio/Television Broadcasting employees, clerical, drivers, 7610 field workers 7704 Firefighters & Drivers Police Department Staff (non policemen), Criminal Laboratory 7720 Technician, & Drivers, Automobile service or repair & Drivers; Parts & Service 8380 Department employees 8602 Surveyors, Oil/Gas Geologists & Drivers 11/13/2019 12:13 PM p. 29 City of Miami Beach Bid 2020-055-AY Secretary, Clerical Office employees Auditor (in-house), Computer System Designers/Programmers (exclusively in the office), Telephone Answering Service, Chairman of Board of Elections & Polling Clerks, City Clerk, Mayor & Commissioners, City Manager, City Planner, Personnel Board, Planning Board, 8810 Register of Deeds Attorneys, All Employees & Clerical, Messengers & Drivers in 8820 the Law Office 8868 Schools - Professional employees Building & Property Management/Maintenance & Drivers; 9015 Public Swimming Pool Operation 9102 Parks & Drivers; Lawn Maintenance Garbage/Trash Collectors - Including Containerized Collection 9403 & Drivers, Dump Op er at ions - Employees & Drivers, 9410 Building Inspector, Electrical Inspector 3.2. Pricing. Bidder shall quote a percentage markup to be added to the pay rate for the placed candidate and shall be inclusive but not limited to, all expenses, profit, overhead and all applicable taxes. The City and Firm shall agree on the salary of the temporary staff person at the time of the engagement for that position. 3.3 Invoice and Payments. Payment shall be made upon the certification by an authorized City representative that the work assignment is satisfactorily completed. The vendor(s) supplying Temporary Employment Agency Services to the City of Miami Beach are required to furnish the following information on their pre-numbered imprinted business invoices and weekly job tickets for personnel performing services. A. Purchase Order Number B. Job number C. Assignment location D. Individuals Full Name E. Employee Number F. Job Classification G. Date H. Number of hours Worked I. City Acceptance/Authorized Signature. 3.4 Temporary Personnel Database Reporting. Successful Firm shall create and maintain a data base to include all temporary personnel assigned the City, listed by individual, to include rate of hourly pay, total hourly bill rate, total number of hours worked monthly, total number of hours worked annually, total hourly rate paid to the temporary, employee, total bill rate paid by the City, date of temporary employee began assignment with the City and date temporary employee ended 11/13/2019 12:13 PM p. 30 City of Miami Beach Bid 2020-055-AY assignment with the City. This data must be forwarded to the City on a monthly basis with cumulative report sent at the end of the calendar year. The Firm must agree to provide the City with custom reports on temporary employees as needed. 3.5 Compliance. Firm or principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. In addition, firm or principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (1 O) years. 11/13/201912:13 PM p.31 City of Miami Beach Bid 2020-055-A Y APPENDIX D !I i Special Conditions 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 11/13/201912:13 PM p. 32 City of Miami Beach Bid 2020-055-AY 1. TERM OF CONTRACT. This Contract shall remain in effect for a period of three (3) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the firm. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be on a month-to-month basis and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT. If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Cost Proposal Form shall remain fixed and firm during the three (3) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term 11/13/201912:13 PM p. 33 City of Miami Beach Bid 2020-055-A Y APPENDIX E '· .. Ir ... í £ Ii £ li Il Cost Proposal Form 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 11/13/201912:13 PM p.34 City of Miami Beach Bid 2020-055-AY APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established fo r the receipt of proposals w ill result in proposal being deem ed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this 1TB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE (Appendix c, 3.2) Item 1: Administrative (Office) Type Temporary Professional Services Clerical/Administrative (e.g., 7610, 8810, 8820, 8868, 9410) Item 2: Industrial Type Temporary Professional Services Industrial (e.g., 0106, 3064, 5192, 5403, 5474, 5506, 5509, 5606, 7520, 7580, 7704, 7720,8380, 8602, 9015, 9102, 9403) __ % __ % B idder sh al l quote a percentage markup to be added to the pay rate for the placed candidate and shall be incl usive but not limited to, all expenses, profit, overhead and all applicable taxes. Bidder's A ffi rmation Com pany: A uthorized Representative: A ddress: Telephone: E m ail: A uthorized Representative's S ignature: 11/13/2019 12:13 PM p.35 City of Miami Beach Bid 2020-055-AY APPENDIX F I . Insurance Requirements 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 11/13/201912:13 PM p. 36 City of Miami Beach Bid 2020-055-AY xxx 1. XXX2. xxx 3. 4. XXX5. 6. XXX7. XXX8. xxx 9. INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Excess Liability -$ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: Builders Risk completed value Liquor Liability Fire Legal Liability Protection and Indemnity Employee Dishonesty Bond Other $ 00 $ .00 $ .00 $ .00 $ .00 $ .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the proposal number and title Waiver of Subrogation: Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 11/13/2019 12:13 PM p. 37 City of Miami Beach Bid 2020-055-AY Question and Answers for Bid #2020-055-AY - TEMPORARY STAFFING SERVICES 11/13/201912:13 PM p. 38 M IA M IB EA C PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 34 Floor Miami Beach, Florida 33139 www.m iamibeachfl. gov ADDENDUM NO. 1 INVITATION TO BID NO. 2020-055-AY TEMPORARY STAFFING SERVICES December 13, 2019 This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The 1TB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. 1TB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, December 20, 2019. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. A TT ACH MENT(S) Exhibit A: Bid Tabulation to 1TB 2015-052-WG Ill. RESPONSES TO QUESTIONS RECEIVED: Q1: Is there a current vendor of the services requested in this 1TB and if so, who is that vendor? A1: The awarded vendors for the current contract ITB 2015-052-WG are Academy Design and Technical Services, Worksquare LLC, Transhire, and Creative Staffing. 02: It there is a current vendor, what are the hourly rates and mark up rates for each job position/category being charged for the provision of these temporary staff? A2: See Exhibit A. 03: What is the average duration of work assignments for these temporary staff? A3: Currently, work assignments can be anywhere from a couple of weeks up to a year. Q4: Will an MBE/WBE vendor be given any preference for this bid? A4: While the City encourages MBE/WBE, there is no preference for MBE/WBE Business. 1 ADDENDUM NO. 1 INVITATION TO BID NO. 2020-055AY TEMPORARY STAFFING SERVICES M IAM IBE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 34 Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q5: May a vendor submit a bid on just one of the categories of temporary staffing positions requested? For example, may a vendor just bid on the Administrative (Office) Type Temporary Professional Services Clerical Administrative (e.g., 7610,8810, 8820, 8868, 9410) and not the Industrial Type Temporary Professional Services? A5: Yes, Bidders are not required to bid on all line items. Q6: Do I have to send a response that I will be bidding. Is it mandatory to bid on both categories A6: Refer to response A5. Q7: Is there any mandatory percentage as a compliance under the Minority/Women Business Enterprises or DBE for this RFP? Al: Refer to response A4. 08: It says to supply references of the same size. Is this mandatory? A8: Please See Appendix C, Section C1 Minimum Eligibility Requirements. Q9: How does the transition process work from incumbent vendor to new vendor? A9: The City would allow current temporary staff to finish their term with the incumbent and then transition in the new vendor. 09: Which classification code is used the most in the past? A9: The frequently used classifications are Administration fl8810 and fl9410 general labor 010: Could you please confirm what is the Evaluation Criteria? A10: Refer to Section 0200, no. 14 titled "METHOD OF AWARD", Q11: If I have not service a municipal/state contract for over 15 years will this disqualify me from the bid? A11: Refer to response A10. Q12: Provide the current vendor (s) providing the service to the City and how are the current services being procured? A12: See Exhibit A. Q13: What shipping address should we use to submit the required hard copies of our response? A13: Please review PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT on Section 0300. 2 ADDENDUM NO. 1 INVITATION TO BID NO. 2020.055-AY TEMPOR A RY STAFFING SERVICES M IAM IBE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 36 Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q14: Please provide the total number of temporary staff on current assignments? A14: 57. 015: What will be the average length of the assignment? A 15: Refer to response A3. Q16: Which services were utilized more, Administrative or Industrial? A16: The number of services vary month-to-month. At this time, The City cannot make a determination. Q17: Will the City proceed with the transition of current employees to new vendor(s)? A17: See response A9. Q18: To offer you a competitive pricing structure, we would like to know the current markup to the City. Could you please provide us the information regarding the same. A18: See Exhibit A. Q19: What benefits are offered to temps by current vendors? Do you obligate any of these benefits or this is up to vendor's discretion? A19: The City mandates living wage and equal benefits. Q20: As per our understanding, no narrative response (such as technical approach, staffing plan, recruiting strategy, key staff, etc.) with this bid is required. Is it correct? A20: Refer to response A10. 021: Does City encourage submitting additional information related to their firm qualifications? A21: Refer to Section 0300, PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT. Q22: Is cost would be the only criteria for the contract award? As long as a vendor meets the Minimum Eligibility Requirements set forth and have the lowest cost, would be considered for the award? A22: Refer to response A10. Q23: Do we required to submit the response on Bidsync, there is no "Place Offer" button, Kindly advise A23: Electronic Bids are not being accepted at this time. 3 AD DEND UM NO. 1 IN VI TA TI ON TO BID NO., 2020-055-AY TE M P O R A R Y STA FFIN G S E R V IC E S M IA M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 www.miamibeachfi.gov Q24: How many vendors are engaged in your temporary program today? Who are the incumbents? A24: Refer to response A1. Q25: Can we bid on the clerical positions only? A25: Refer to response AS. Q26: Please confirm that the background check is conducted by the City and that the City bears the cost. A26: The City is responsible for the background check. However, the vendor will be responsible for the drug test. Q27: On page 27 it states that a 10 panel drug test must be provided, and on page 28 it outlines an 11 panel test. Which is correct? A27: 11 panel drug tests must be provided Q28: Is the City's spend $2.4M per year for 3 years, or is it cumulative for the 3 year period? A28: The City's estimated expenditure is $2.4M per year Q29: What are your current mark-ups for clerical and industrial positions? A29: See Exhibit A. Q30: On page 28, #9 it states the City will not be charged for unsatisfactory services. How long is the guarantee period for? A30: There is no guarantee period. Q31: It is stated that our invoice must have City Acceptance / Authorized Signature on the invoice itself. Please advise us on the process that is utilized for this requirement. A31: Invoices / hours are submitted to the respective departments to be approved by their Directors or des ignee. Q32: Can you break-out your spend on temporary labor by position type (clerical, industrial)? A32: Refer to response A15. Q33: Wh at is your payment method? A33: Refer to Section 0200, No. 60 titled "PAYMENT". 4 ADDENDUM NO. 1 INVITATION TO BID NO. 2020-055-AY TEMPORARY STAFFING SERVICES M IA M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 34 Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q34: Are changes to the indemnification language allowed? If so, do you want us to submit our changes with the proposal response? A34: No. Q35: Will you be transitioning current temporary employees if new vendors are chosen? A35: Referto response A18. Q36: What are your challenges today? A36: There are no known challenges at this time. Q37: Will all vendors be notified of the award, and how will the notification be processed? A37: All vendors will be notified formally of the City Manager's recommendation for award. Q38:. Please provide a list of workers comp codes and/or job descriptions. A38: Administration fl8810 & fl9410 general labor 039: How many billable hours are there for Admin/clerical? How many positions? A39: Currently, there are 57 temporary Administrative/Clerical employees. Billable hours are unknown. Q40: Please confirm how many vendors you will consider when awarding this contract. A40: Refer to Section 0200, No. 18 titled "GENERAL TERMS AND CONDITIONS". Q41: Please provide clarity about veterans' preference. A41: Please review City Code Section 2-374 PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED BETERAN BUSINESS ENTERPRISES. Q42: Please clarify that we do not need to submit Appendix 8 "No Bid Form" if we are bidding on 1TB 2020- 055-AY. I see that there is a space to receive future bids and signature line. If we are to include which TAB do we include this document. A42: Appendix B is not required if you are submitting a bid. Q43: Please clarify TAB that Appendix F "Insurance Requirements" should be included. A43: Proof of insurance will be required at time of contract execution. 5 ADDENDUM NO. 1 IN VI TA TION TO B8ID NO. 2020-0 55-AY TE MP OR A R Y STAFF IN G SERVICES M IAM IBE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q44: A) The insurance sections has empty spaces in some areas of the insurance value. Can you please specify the insurance requirements in totality. B) Also please let us know if there are any addenda as we are unable to download the latest document form RFP Mart. A44: a) Under Appendix F, all insurances marked with "XX" signifies that it is required. b) With the issuance of this addenda, there is currently only one. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rafael@Granado@miamibeachfl.gov I Contact: I Telephone: Email: Aj 'udasto ,305673-7490 ex1. 26695 )Aju'udasto@miamiteach.ov Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission. Potential proposers that have elected not to submit a response to the 1TB are requested to complete and return the "Notice to Pros ective Bidders" questionnaire with the reason(s) for not submitting a proposal. Fe 6 AD D EN DUM NO . 1 INVITATION TO BID NO. 2020-055-AY TEMPORARY STAFFING SERVICES A TT A C H M EN T C CO N SU LTA N T S RESPO N SE T O T H E {1T B ) APPENDIX C ________________________________________________________________________ Minimum Requirements & Specifications ________________________________________________________________________ ITB 2020-055-AY TEMPORARY STAFFING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 26 C1. Minimum Eligibility Requirements. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services. Additionally, the Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1.Firm or Principal shall have provided services similar in scope and volume, at the City’s sole discretion, to those described herein to at least two (2) private or public entities in the last five (5) years. For each qualifying entity, provide: name and address of entity, service period, entity representative, telephone and email address. Submittal Requirements: For all qualifying projects submitted, Bidder shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone number, 5) Contact’s Email, 6) Narrative on Scope of Services Provided, 7) Contract amount and completion date and 8) Historical Significance (if any), including original date of completion. Inability to verify project information may result in the submittal being found non-responsive C2. Statement of Work Required. The successful bidder(s) shall provide the City o f Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City, to perform as a temporary agency employee, the duties, functions and responsibilities of the positions requested. C3. Specifications. 3.1 Administrative and Industrial- Temporary Professional Services 1.Candidates Submitted for the City’s Consideratio n. Upon request from the City Firm shall provide candidates for the job classifications requested by the specific department at t he time and place requested. Typically, three or more candidat es are required to be submitted for each vacancy at the discretion of the requesting department. Candidates shall be provided at no cost to the City. If the primary vendor fails to provide qualified individuals for the job classification requested within the specified lead time, the City will request the services of the secondary and/or tertiary vendor. 2.Firm agrees to provide only skilled, knowledgeable and experienced personnel to perform services on a temporary basis to the City. Firm also agree to provide the City information on any candidate(s) whose quality of services had been previously determined to be unsatisfactory by any City department. 3.Background Checks. Any temporary staffing employee selected for placement in a City department must successfully complete a background check conducted by the City using the Florida Department of Law Enforcement (FDLE) Volunteer and Employee Criminal History System (VECHS). Drug Testing should be conducted in accordance with Title 49, Code of Federal Regulations, Part 40. The successful bidder(s) must provide 10 Panel drug testing of all personnel supplied to the City, and proof of drug test prior to the acceptance of any personnel approval for an assignment. Bidder’s employees must test negative in order to begin work on any City assignment. Bidder shall bear all cost associated with the initial drug tests. Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 27 The City's current 11- panel drug test and cut-off levels are as follows: Drugs Initial Test Level GC/MS Confirm Test Level Amphetamines 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine metabolites 300 ng/ml 150 ng/ml Marijuana metabolites 50 ng/ml 15 ng/ml Methadone 300 ng/ml 150 ng/ml Methaqualone 300 ng/ml 150 ng/ml Methylenedioxyamphetamine (MDA) Analogoues 500 ng/ml 250 ng/ml Opiates 2000 ng/ml 2000 ng/ml Phencyclidne 25 ng/ml 25 ng/ml Propoxphene 300 ng/ml 150 ng/ml In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40. In no case shall a candidate who tests positive for drugs or alcohol be submitted as a candidate for City assignment. 4.The City’s representative and successful bidder shall mutually agree on the hourly salary, job description, minimum qualifications, duties and responsibilities for each position, as needed. The overhead and expenses markup proposed shall be added to the Temporary Employees’ pay rate to determine the bill rate. No other fees or taxes are allowed 5.Firm must inform the City of any temporary staffing employee who will be accepted for assignment at the City when currently on assignment elsewhere. 6.No substitution of staff with lower skill-base will be acceptable without the prior approval of the City. 7.The Firm agrees not to place an individual in any City department without the approval of the Human Resources Department. 8.The Firm agrees not to place any individual in a temporary assi gnment with the City who was previously employed by the City as a regular employee without prior approval of the Human Resources Department. 9.Upon request from the City, Firm must immediately replace any personnel providing services whose quality of services is unsatisfactory to that City department. The City will not be charged for unsatisfactory services. The City will exclusively determine if the quality of the services of any temporary personnel is satisfactory or unsatisfactory. 10.Should any person terminate employment with the Firm while such person is providing services to the City department, Firm must agree to immediately replace such person with a person having similar skill, knowledge and experience (with prior approval of the City). Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 28 Firm shall replace the person expeditiously at the same. 11.The City shall have the right to determine the period of time and work schedule of all personnel provided by the Firm to perform services as a temporary agency employee. The City will not warrant or guarantee the period of time or work schedule of any person provided by the Firm to perform services at a designated department at the City. 12.All candidates placed in the City shall be employees of the firm and, at no time, shall the City be liable for any employer responsibilities to the firm’s employee. 13.After 120 days, the City may hire the temporary employee with no penalty or cost to the City. Below please find a sample list of commonly used Class Descript ions and Workers Compensation Class Codes. This list is not exclusive. The City reserves the require temporary personnel for other WIC categories after award. W/C Class Code Class Description 106 Mosquito Extermination or Control by Spraying & Drivers, Tree Department - All Employees and Drivers 3064 Sign Manufacturing/Screen Printing 5192 Parking Meter Repair & Salespersons, Drivers; Parking Meter Change Collectors & Salespersons, Drivers; 5403 Carpentry 5474 Painting of Stripes on Parking Lots & Drivers, Painting Shop Operations; Tank Cleaning (Oil or Gas Storage) 5506 Street & Road Construction: Paving, Repairing, Surfacing or Resurfacing & Drivers 5509 Street Cleaning & Drivers, Street & Road Maintenance & Drivers, Traffic Line or Road Marking & Drivers 5606 Project Manager, Construction Executive, Construction Manager/Superintendent 7520 Waterworks Operation - All Employees including Store Employees & Drivers 7580 Sewage Disposal Plant Operation & Drivers 7610 Radio/Television Broadcasting employees, clerical, drivers, field workers 7704 Firefighters & Drivers 7720 Police Department Staff (non policemen), Criminal Laboratory Technician, & Drivers, 8380 Automobile service or repair & Drivers; Parts & Service Department employees 8602 Surveyors, Oil/Gas Geologists & Drivers Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 29 8810 Secretary, Clerical Office employees Auditor (in-house), Computer System Designers/Programmers (exclusively in the office), Telephone Answering Service, Chairman of Board of Elections & Polling Clerks, City Clerk, Mayor & Commissioners, City Manager, City Planner, Personnel Board, Planning Board, Register of Deeds 8820 Attorneys, All Employees & Clerical, Messengers & Drivers in the Law Office 8868 Schools - Professional employees 9015 Building & Property Management/Maintenance & Drivers; Public Swimming Pool Operation 9102 Parks & Drivers; Lawn Maintenance 9403 Garbage/Trash Collectors - Including Containerized Collection & Drivers, Dump Operations - Employees & Drivers, 9410 Building Inspector, Electrical Inspector 3.2. Pricing. Bidder shall quote a percentage markup to be added to the pay rate for the placed candidate and shall be inclusive but not limited to, all expenses, profit, overhead and all applicable taxes. The City and Firm shall agree on the salary of the temporary staff person at the time of the engagement for that position. 3.3 Invoice and Payments. Payment shall be made upon the certification by an authorized City representative that the work assignment is satisfactorily completed. The vendor(s) supplying Temporary Employment Agency Services to the City of Miami Beach are required to furnish the following information on their pre-numbered imprinted business invoices and weekly job tickets for personnel performing services. A.Purchase Order Number B.Job number C.Assignment location D.Individuals Full Name E.Employee Number F.Job Classification G.Date H.Number of hours Worked I.City Acceptance/Authorized Signature. 3.4 Temporary Personnel Database Reporting. Successful Firm shall create and maintain a data base to include all temporary personnel assigned the City, listed by individual, to include rate of hourly pay, total hourly bill rate, total number of hours worked monthly, total number of hours worked annually, total hourly rate paid to the temporary, employee, total bill rate paid by the City, date of temporary employee began assignment with the City and date temporary employee ended Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 30 assignment with the City. This data must be forwarded to the City on a monthly basis with cumulative report sent at the end of the calendar year. The Firm must agree to provide the City with custom reports on temporary employees as needed. 3.5 Compliance. Firm or principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. In addition, firm or principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (10) years. Bid 2020-055-AYCity of Miami Beach 11/13/2019 12:17 PM p. 31 REFERENCES (C1.1)  City of Homestead  Contact:  Xintia Rubio‐Rojas, CPPB, Senior Buyer/Procurement and Contracts Division  100 Civic Court, Homestead, FL 33030  Telephone:  305.224.4626  xrubio@cityofhomestead.com  Staffing for all city departments including clerical and light industrial.  Long‐ and short‐term assignments.   Contract began in 2012 and has been extended and new contract won in 2014.  We are currently under  contract with The City of Homestead.  Contract Amount:  $700,000 per year  Completion Date:  Contract still active  Municipal project very similar in scope to City of Miami Beach bid.  Service Period:  2012 – 2019.   Current contract has been extended.  City of Miami Beach  Contact:  Alex Denis, Director of Procurement  1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139  Telephone:  305.673.7490  alexdenis@miamibeachfl.gov  Staffing for departments citywide.  Staffing was for clerical requirements.  Long‐ and short‐term  assignments.  Contract began in 2006 and was extended and a second contract was awarded in 2014,  with Creative Staffing being selected as a Light Industrial vendor (current backup vendor).    Contract Amount:  $280,000 per year (approximately $1.4 million for the life of contract)  Completion Date:  Contract still active  Municipal project very similar in scope to current bid for City of Miami Beach.  Service Period:  2006 –  2019.  Currently a selected backup vendor for light industrial staffing  Executive Summary Creative Staffing (CS) was founded in 1985 by Ann Machado. Almost since its inception, CS has been recognized for its capability in filling high-end executive searches to large-volume production orders in the 50 people to 500-person project category. CS was a certified minority firm that has won numerous community, civic, professional and charitable awards including Inc 500 list of fastest growing companies, Entrepreneurial Excellence Award, United Way Starfish Award, Working Women’s Top 500 Women-Owned Businesses. In late 2018 CS brought in a new financial and management partner and sold 80% of the company and became one of the many Best in Class companies owned by Hoosier Investments, specializing in staffing. Since then they have acquired another Miami-Dade staffing company, Best Candidates (BS) and merged them, creating the largest privately-held staffing service providers in South Florida. The new entity currently bills out more than 55,000 hours, per week. For more than 10 years, CS provided in excess of 500 temporary workers for Dole Fresh Flowers/Sunburst Farms during their Valentine’s Day and Mother’s Day projects. CS has staffed numerous positions in the past for the Super Bowl, World Series, Lipton Tennis Tournament, and NASCAR. CS has been consistently re-selected in competitive bids with local municipalities with stringent and comprehensive vendor selection processes. Today CS and BC are putting over 1,000 people to work, daily. CS has previously been a responsible and successful staffing vendor for the City of Miami Beach from 2006 through 2016. CS and BC invested heavily in an industry-specific web-based search and retrieval system, which tracks applicants, test scores, I-9, background checks and required applicant information. This system permits us to provide our clients sophisticated, managerial and accounting reports. We are proud to say that our senior management team, led by our Group President/COO John Bitterman since 1995, is very “hands on” with all corporate projects. With all south Florida’s various hurricane disasters over the years we have kept our operations open as soon as government officials permitted citizens to move about and our accounting team has never missed a payroll in any one of our locations. We are well-known for our ability to provide innovative staffing solutions, including “pay for productivity staffing,” and was the first independent staffing firm in Miami to offer a “Vendor on Premises” Program. We hope that you will agree that CS and BC are well-qualified to recruit, hire and partner with you on your staffing needs. Contact Information: John Bitterman -President/COO 7700 North Kendall Drive, Suite 304 Miami, FL 33156 305.322.9284-cell 305.598.9692- fx 305-279-7799- off email: johnbitterman@creativestaffing.com Executive Summary Company Resume OBJECTIVE: To partner with a professional firm seeking a “solutions oriented” staffing organization 1993 – PRESENT: •Selected as a vendor of a national VMS (Vendor Management System). •Recommends and delivers unique staffing solutions for clients (Strategic Planning). •Customizes programs ranging from short-term temporary placements to on-site recruitment and staffing (Outsourcing). •Expanded On-Site Partnerships (Dole, First Data and Mowi in Florida and Texas) •Enjoys and has earned a reputation for solving staffing challenges. •Offers clients the unique, driven attention of a “small entrepreneurial company”. •Provides comprehensive management reports to track the qualitative and quantitative data of your contingent staffing usage. •Provides Executive and Retained Search and Recruitment. •Reduces day-to-day concerns of managing recruitment function (outsourcing via Master Vendor and One Call Service). •Implements productivity staffing to address productivity challenges in high-turnover departments. •Customizes computer and other training for client companies. •Accepts responsibility for planning and implementing special events. •Delivers customized exemplary hospitality and event staffing as part of full-service staffing (Super Bowl, The Grand Prix, The Lipton and Ericsson Tennis Tournaments, etc.). •Created solid management team infrastructure. 1990 – 1993: •Developed one of South Florida’s first on-site staffing partnerships with John Alden Life Insurance Company. •Expanded into full-time professional and managerial staffing. •Began providing industrial and technical staffing. •Opened first Broward County office. •Provided “Human Resources Professional” to assist companies in developing job descriptions and salary guidelines. •Consulted with firms to provide Payrolling and 1099 conversions. •Offered temporaries an assessment of their software skills and the training to expand those skills. •Developed more comprehensive background and drug-testing programs. 1985 – 1990: Provided Miami area with quality temporary staffing. Began staffing full-time placements. Specialized in high-line office/clerical staffing. Offered client companies temporary-to-full-time employment option PERSONAL •Founded in December, 1985. •Largest privately owned staffing firm in South Florida. •Two (2) Main Locations with a total of 6 offices in Miami-Dade County: Miami (Kendall) (305) 279-77997700 N. Kendall Drive, Suite 304 6625 Miami Lakes Drive, Suite 364 Miami Lakes (305) 362-5300 John F. Bitterman – Group President/COO johnbitterman@creativestaffing.com John joined Creative Staffing 25 years ago, with 12 years of experience in Staffing and Human Resources, to partner with Ann Machado, President and Founder of Creative Staffing. He has spent over ten years with several major international staffing services throughout the United States (including Chicago, New York, Detroit and Tampa). There have been times in his career that he has been responsible for up to 40 branch offices throughout the Unites States, with revenues exceeding $200 million. In his current position as Group President/COO, he is responsible for the day-to-day operations of Creative Staffing, one of the largest independent staffing companies in South Florida. He champions the efforts of enhancing the service delivery system inclusive of the Sales and Service functions. Bitterman assists South Florida client companies in implementing strategic long- and short-term, optimized staffing programs. As a resident of South Florida, he believes in giving back to this great community we live in. Alfredo J. Cardenas – COO alfredo@bestcandidatesinc.com Alfredo and his brother Carlos formed Best Candidates 7 years ago, which is an independent staffing company, servicing the South Florida market. He has a degree in Biomedical Engineering and is fully bilingual in English and Spanish. Alfredo has over 15 years of staffing and HR experience. His main expertise and experience are in overseeing large volume accounts of over 1000+ employees. He has worked for large international staffing companies in the US throughout his career, where he received extensive training and education in HR law and recruiting. As the COO of Best Candidates, he oversees the day-to-day operations and sales activities to ensure excellent customer satisfaction for all of his customers and employees. His philosophy has always been in creating close, long-term relationships with his customers and employees in order to achieve common short term and long-term goals. Pamela Torres - Vice President pamelatorres@creativestaffing.com Pamela has been in the staffing industry for 30 years with Creative Staffing. She spent 5 years in Corporate Human Resources (Compensation Analyst). Pamela began with Creative staffing as a Sales Representative and was promoted to Sales Manager, Director of Sales and, ultimately, the Vice President of Business Development. Pamela has a Human Resource certificate and a Master's Degree (MS). She heads up Executive recruiting today. Sue Goldstein - Vice President of Operations suegoldstein@creativestaffing.com Sue has been in staffing industry for 34 years with Creative Staffing. Sue holds double degrees from the University of Miami. She monitors and runs day-to-day operations of service staff including orders, quality control, training and management of company-wide service personnel. Marissa Haylock - Accounting/ Payroll Manager marissahaylock@creativestaffing.com Marissa has been in the staffing industry for 29 years with Creative Staffing. She leads the Accounting Department and Accounts Payable, Accounts Receivable, Financials, Payroll, Contract Compliance, Worker's Compensation, Legal and Corporate matters. Executive Summary Company Bios Award Organization Year  Recognition Wall at The Power of the Purse The Woman's Fund 2019  13th Largest Woman‐Owned Business in the  State of Florida  The Commonwealth Institute 2018  Finalist, Outstanding Women‐Owned  Business  Coral Gables   Chamber of Commerce  2017  Commission of the State of Women  Leadership‐  Impact on Miami ‐Dade County  Florida Atlantic University 2016  Philanthropy Award YWCA 2016  James W McLamore   Outstanding Volunteer Award  Association of Fundraising   Professionals  2015  Alliance for Aging, Inc. Positive Living Award Nominee 2015  Staffing Company of the Year Minority Chamber of  Commerce  2014  Top Florida Women Led Businesses Commonwealth Institute   of South Florida  2006‐ 2015  Best of Hialeah ‐ Temporary and   Full‐Time Employment Services  Hialeah Award Program 2013  2010 Woman Extraordinaire South Florida Business Leader 2010  Winner, AXA Advisors,   Business Woman of the Year  Coral Gables   Chamber of Commerce  2007  Starfish Award United Way 2005  Recipient, "Miracle Maker" Award Big Brother/Big Sister   of South Florida  2004  Finalist, Woman Entrepreneur of the Year South Florida Business Journal 2001  Finalist, Jean Bellamy Award Greater Miami   Chamber of Commerce  2000  Finalist, Thelma Gibson Award Women's Chamber of  Commerce  2000  Listed "500" Largest Women‐Owned   Businesses in the USA  Working Woman Magazine 1998  National Woman   Entrepreneur of the Year  YWCA of the USA 1998  Finalist, Cutting Edge Award Greater Miami   Chamber of Commerce  1995‐ 1996  Entrepreneur of the Year   for Women Entrepreneurs  American Red Cross 1995  Trendsetter Barometer Cooper & Lybrand 1994  Blue Chip Enterprise Initiative Award National Business   & US Chamber of Commerce  1994  Business Woman of the Year Beacon Council, NAWBO 1994  Positively Miami (Customer Service Award) MCI 1994  Finalist, Entrepreneur of the Year Inc. Magazine, Merrill Lynch,   Ernst & Young  1993  Named to Inc. 500 List Inc. Magazine 1993  Abilities Volunteer of the Year Abilities of Florida 1992  Awards & Honors Who we are Note: _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ Associations & Affiliations / Memberships Who we are Note: _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ Member Greater Kendall Business Association South Florida Hispanic Chamber of Commerce Chamber of Commerce: - Broward County - Coral Gables - Hialeah / Miami Lakes - Weston Member Speaker’s Bureau National Association of Female Executives Member Greater Miami Society Human Resource Management Member Business Woman of the Year, 1993 National Association of Women Business Owners Board of Directors Independent Staffing Alliance Member Minority Chamber of Commerce Past President Abilities of Florida Past President Board of Directors YWCA of Greater Miami Faculty Advisory Board Ft. Lauderdale Art Institute Past Board Member/Grant Chair Komen Foundation Board, Ft. Lauderdale, Miami Board of Directors, State Past President Florida Staffing Services Association Past Chair of the Board of Trustees St. Thomas University Board of Trustees United Way of Greater Miami Past Board of Trustees Beacon Council Trustee Membership Greater Miami Chamber of Commerce Organization Board of Directors/Treasurer Women’s Fund of Dade County Member Member Past Leadership Member American Staffing Association Services offered by Creative Staffing Products Depending on your requirements, Creative Staffing offers a wide variety of solutions, which can be customized to suit your particular needs. Mission Statement Creative Staffing is a dynamic business solutions company committed to making a significant contribution to our clients, our associates, our community and each other. As a strategic business partner, we are dedicated to providing customized staffing and training solutions in response to the changing needs of the marketplace. Through excellent service and utilization of cutting edge training and technology, we will exceed our customer’s expectations. Product Description Temporary Staffing Services Adds supplemental staff to a firm's core workforce for a fixed period of time. Temporary-to-Full-Time Staffing Services Convert a contingent staffer from Temporary to "Permanent" (full-time) status without a fee. Direct-Hire Services Recruitment and placement of "permanent" (full-time) staff members. Executive Search Recruitment and placement of Senior level candidates. Payroll Transfer Plan Services Permits company to employ full or part-time personnel without placing these staffers on the company's full-time ("permanent") payroll. Payroll Transfer Plan Services with Benefits Permits company to employ full or part-time personnel with benefits without placing these staffers on the company's full-time ("permanent") payroll. 1099 Conversion Services Convert independent contractors to Creative Staffing's payroll. Productivity Staffing Integration of facility staffing supplemental staffing and core employees to address a company's variable demands upon labor. One-Call Staffing Services Master Vendor Services Permits company to outsource their staffing function to one vendor. (Utilizes back-up vendors as needed.) Vendor-on-Premise Services Permits client to outsource their staffing function to a staffing firm with a “branch office” on their premises Consultative Services Permits corporations to outsource Human Resource responsibilities on an “as needed” basis Quality Control Orientation (Job Specific) Applicants are given specific detailed information on each assignment. Appraisal-Evaluation On-going Feedback Process Performance appraisals will be conducted on an on-going basis from the time the client first meets their contingent employee until their assignment has been completed and the client’s satisfaction is ensured. Each quality appraisal includes inquiries on the temporary employee’s ability, attitude, punctuality, skill match and professionalism. Quality Appraisals: First Day Arrival Call: Confirms prompt arrival First Day Quality Call: Confirms that associate meets or exceeds client expectations Weekly Quality Calls: Monitors the on-going performance of the associate Assignment Completion Quality Calls: Evaluates the overall performance of the associate employee Monthly Review: Upon request, a Service Manager and/or the Quality Assurance Manager will conduct a thorough review of all temporary employees assigned Quarterly Review: Upon request, provides thorough, timely management /feedback data Annual Reviews: An annual review with Human Resources, and/or department managers for budgetary adherence and total customer satisfaction Impromptu Monitoring: Available at any time the client should desire a quality or financial review Mission Statement Creative Staffing is a dynamic business solutions company committed to making a significant contribution to our clients, our associates, our community and each other. As a strategic business partner, we are dedicated to providing customized staffing and training solutions in response to the changing needs of the marketplace. Through excellent service and utilization of cutting edge training and technology, we will exceed our customer’s expectations. Services A TT A C H M E N T O IN S U R A N C E R E Q U IR E M E N T S ¢ APPENDIX F I Insurance Requirements 1TB 2020-055-A Y TEMPORARY STAFFING SERVICES PROCURE MEN T DEPAR TMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 E xxx 1. XXX2. xxx 3. 4. xxx s. 6. xxx 7. XXX 8. xxx 9. INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability- $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Excess Liability -$ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: Builders Risk completed value Liquor Liability Fire Legal Liability Protection and Indemnity Employee Dishonesty Bond other $ 00 $ .00 $ .00 $ .00 $ .00 $ .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the proposal number and title Waiver of Subrogation: Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes.