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Certification of Contract with Academy Design and Technical Services MIAMIBEACH C B CITY OF MIAMI BEACH k< CERTIFICATION OF CONTRACT d kr TITLE: For Temporary Staffing Services CONTRACT NO.: ITB- 2015-052-WG EFFECTIVE DATE(S): This Contract shall remain in effect for an initial term of three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, for two (2) additional one (1) year terms SUPERSEDES: N/A CONTRACTOR(S): Academy Design and Technical Services (Primary) for Administrative Type Temporary Staff and Industrial Type Temporary Staff ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 11, 2015 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for Temporary Staffing Services and pursuant to City Invitation to Bid No. 2015-052-WG and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2015-052- WG. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Sylvia Crespo-Tabak, Human Resources Department, Director at 305-673-7000 ext. 6724. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Certification of Contract 1 Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City,. Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. • THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: City of Miami Beach Human Resources Department 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Sylvia Crespo-Tabak, Human Resources Department, Director Phone: 305-673-7000 ext. 6724 Email: sylviacrespo-tabak(a�miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Academy Design and Technical Services, Inc. 1303 North State Road , Suite B-3 Margate, FL 33063 Attn: Thomas Sholar Phone: 954-973-7600 Fax: 954-973-4890 E-mail: tom(a�adts.orq L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. • 4 Certification of Contract IN WITNESS WHEREOF the City arfA��Ii Contractor have caused this Certification of Contract to be signed and attested on this day of hys'4/k'20 /r, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By 714-04-- �� B s ti y � By . President/ Signature ��. Mayor w 774,14,7J- _PA bly-e • 06 . • Print Name r = 47 $ Date INCORP ORATED= c,2// / i- ATTEST: ' ATTEST: Secretary/ -gnature City Cle k 0 s-ectai 1A-v6k t e_o` z ()//f Print Name Dat Date F:\PURC\$ALL\Solicitations\2015\2015-052-WG Temporary Staffing Services\Contract\Certificate of Contract\2015-052-WG - ADTS.docx Attachments: A: Commission memo and Item Summary B: ITB, Addendum C: Proposals D: Insurance Certification APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION \\9 City Attorney Date 5 . ATTACHMENTS , ::::...•:, •-• .-. ....-. • ..-- -.:- • . , _ . .. .. . . . •._ . . _ ,_. . . .. . . , . . . . . . .. , . ., . .. .. . • , .• ., ., . ., , .. . . . . . . . ,, • .t . . , . . .. , . . . .. • ....._. . . • • • , . . . . , . . . . ._ . . . . .. . . .. . . .... ,. . . • _ . . _ . , . . ., . . . _ _ . . . .. . . _ _ . .. . , .. . . . . . . . . . .... , . . ,, • . . . . „ . _ . • . • _. . • . ., ._ ; . . . „. . . . . . . . • „ • • .• . ..._ _... . • . . , . . .. . . , . , . . . . . . . ... .. . . .. . . . .. _ . . . ..• . ... . . , ., . ., . .... • ,, . . . .__ . . ,. .. _ . . . . . .. , _ , . . ., . . . _ . . . , . .• •. . . . • „ ..,. . ,. ._• ..• . .. . . • , .. .. .. , . ... . . • ....., . . . . _ . . . . . . • , . . , ,•.... ..; , . • „ „. . ., , _.• . .. •. • . . . . , . ... . . . . . . . . . . . . . . _ . . •. • ._ . . _ . . . . „ . .. . .. • . . ._ . , . . _ . . • • ••• , , . . _ . _ . , . .., .. .. . ., ... _ _, ... . . . • ... . . . .__ „.. . .. . . . ., __.. • . _ . . _ . , •. , • . . . .. , . , . . .. „ :_ . _ ,. .. . .,.. . , . . ......__ _.,.. _ ., _ . , . . . . .,_ ,_. . . • . , _ .,... ,.. . .._ . . . ... ...... .. ... • . ••.,. . . , . . . . . . . . •, . . . .. _ ., .. , . • _ .. .. . . .. . .. „.. . ..._.,_ „ .,_ . , . _., ._ . . , .„, . . . • • •• _ _, • • - COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB) 2015-052-WG FOR TEMPORARY STAFFING SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS. Key Intended Outcome Supported: Ensure expenditure trends are sustainable over the long term Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The purpose of this bid is to establish a Contract with lowest responsive,responsible bidder(s)to provide the City of Miami Beach,on an as needed basis,with temporary personnel with the skill, knowledge and experience required by the City to perform as a temporary agency employee the duties, functions and responsibilities of the positions requested. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. With the above stated goal in mind, Invitation to Bid(ITB)2015-052-WG,was issued on November 14, 2014. Notices were sent to approximately forty-nine (49) firms. Following a pre-bid conference and necessary addenda to clarify ITB requirements and respond to bidder questions, nine (9) bids were received on December 8, 2014 from: Worksquare LLC., Creative Staffing, SNI Companies Corp., Academy Design and Technical Services, Kemp Group International Corporation, GDKN, Eagle Resources Group Inc., Transhire and TS Staffing Services. The bid tabulation is attached. The City Manager has considered the bids received pursuant to ITB 2015-052-WG, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of contract as follows and authorize the City Manager to execute agreement(s)as necessary. Primary Secondary Tertiary Administrative Type Academy Design and Worksquare LLC Transhire Temporary Staff Technical Services Industrial Type Academy Design and Worksquare LLC Creative Staffing Temporary Staff Technical Services RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2015-052- WG, for Temporary Staffing Services. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 N/A N/A Financial Impact Summary: The annual cost associated with the acquisition of temporary staffing services is subject to funds availability approved through the City's budgeting process. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: De;,, ment Director Assistant City Manager City M a er AD % . SCT, ‹ KGB JLM T: - g DA\2015\February 11\Procurement\ITB 2015-052-WG Temporary Staffing ervices - SUMM A RY.doc AGENDA ITEM Ga$ MIAMI BEACH a- II- IS 54 DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Co 1 ission FROM: Jimmy L. Morales, City Manager - DATE: February 11, 2015 SUBJECT: REQUEST FOR APPROVAL `I 0 AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2015-052-WG FOR TEMPORARY STAFFING SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS. KEY INTENDED OUTCOME SUPPORTED Ensure expenditure trends are sustainable over the long term. FUNDING The annual cost associated with the acquisition of temporary staffing services is subject to funds availability approved through the City's budgeting process. BACKGROUND The purpose of this bid is to establish a Contract with lowest responsive, responsible bidder(s) to provide the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City to perform as a temporary agency employee the duties, functions and responsibilities of the positions requested. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. ITB PROCESS With the above stated goal in mind, Invitation to Bid (ITB) 2015-052-WG, was issued on November 14, 2014. Notices were sent to approximately forty-nine (49) firms. Following a pre-bid conference and necessary addenda to clarify ITB requirements and respond to bidder questions, nine (9) bids were received on December 8, 2014 from: Worksquare LLC., Creative Staffing, SNI Companies Corp., Academy Design and Technical Services, Kemp Group International Corporation, GDKN, Eagle Resources Group Inc., Transhire and TS Staffing Services. The bid tabulation is attached. As required in the ITB, bids were evaluated for compliance with minimum qualifications and specification requirements, including: 1. Minimum Requirements: Bidders shall provide the following: • The bidder shall provide a Dun and Bradstreet (D&B) report indicating a Supplier Risk Score rating of not more than 4. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire have Supplier Evaluation Risk Scores of not more than 4 and have the financial resources to ensure that they can satisfactorily provide the services required 55 Commission Memorandum —ITB No. 2015-052-WG,Temporary Staffing Services February 11, 2015 Page 2 in the ITB. • The bidder shall maintain an office within the eo ra hical boundaries of Miami-Dade, 9 9 p Palm Beach, Broward or Monroe Counties. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. • Provide listing of at least three (3) contracts of similar size and scope that have been awarded to bidder by public and private sector clients within the last three (3) years, (for each include organization name, contact person, address, telephone number, email address, and summary of scope of services provided). Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire provided satisfactory references to the City. • Firm or Principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. • Firm or Principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (10)years. Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and Transhire met the minimum requirements noted above. TS Staffing Services withdrew its bid. The bid response for TS Staffing Services stated that their firm had no litigation history or regulatory action to report. However, as part of the City's due diligence extensive litigation history was found. TS Staffing Services failed to provide an explanation of the litigation found and subsequently withdrew their bid. CITY MANAGER'S REVIEW AND RECOMMENDATION The City Manager has considered the bids received pursuant to ITB 2015-052-WG, and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of contract as follows and authorize the City Manager to execute agreement(s) as necessary. Primary Secondary Tertiary Administrative Type Academy Design and Worksquare LLC Transhire Temporary Staff Technical Services Industrial Type Academy Design and Worksquare LLC Creative Staffing Temporary Staff Technical Services CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bid received, pursuant to ITB 2015-052-WG, for Temporary Staffing Services. JLM / MT/JR/AD T:\AGENDA\2015\February\Procurement\ITB 2015-052-WG Temporary Staffing Services-Memo.doc 56 so s?„ � Z a G f �G/a ,l cd 00 a/�0 N 0 o �PG�d�G G°�,�y��J �n O / �°.� c� rt 1) 00, 10 Q JS �a L d, �' .,-G P0, YeO J'A co Q rr. Z z N sd M 0,2 _ Gap 7 '1, r k r ,4, �'' �`:4.1'< , 'rd0 JfG tr n� # ;�t'�s� � I !> ,41 CU Jy .,- N OC a) N 'J C D 9- tm = >' 3 C ° C1 Y ca Y fC L t' a-• in co co ,_ a N N 0 aJ ar c0 d c9 CJ CJ +L.+ lel H CU C ro O C L C C t y y o O 0 CU o Q CJ V Q CJ p, i CJ "p p v� 0 Q. r r 3 c a) W d ate+ ►u.. W a +O+ i O O N O �' O co- N vii i= Q a) co 3 .� 0 cro 0 o Y o CO° N 0.1 0_ 0 O J� N. a o co ao C v ',° N ) C" E c cm- c ° o c a) C CO a) a) .. o o ) a *' p s ,..1 U CD C c 0 chi) c. C) • .0 pp ° N EE 0 >-. O u) O N a ro •.47_, c O '0 t -o a) u•) N- a O m as a) S Q Lo r` a) c a) '� _O O cn O (� u O > ro Z o w ac) Co Fes- a) o v M `° •c `° 0 d O O co U c aJ O Q ~ > E co o rn `t a) x a) Cd C6 N C CO to t` co (a '� vJ C ti `, p V .- C Q U O .� t Q N O Lo- l•-•• to .t,. N 0 „,„ o L a) N co C L O .- Lo o L << H O _c 57 ATT A CHMENTS B NNE Wm. .0181111104, • City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. Fax:786-394-4075. ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 2015-052-WG TEMPORARY STAFFING SERVICES DECEMBER 1, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISION: Appendix E- Proposal Tender Form has been revised and attached. Proposers are required to submit with the bid the amended Appendix E- Proposal Tender Form in order to be deemed responsive. II. REVISION: Appendix D, Paragraph 1, revise as follows: TERM OF CONTRACT: The contract(s) entered • into with the successful proposer(s)will have an initial term of three(3)years. III. REVISION: Appendix D, Paragraph 2, revise as follows: RENEWAL TERM: The City at its sole discretion may renew its contract for two(2)additional one(1)year terms. The markup proposed by successful vendor(s) shall remain fixed for a period of one (1) year. After this initial fixed term period, the City may consider requests for markup adjustment in the event of unforeseen governmental mandates (e.g., taxes, healthcare mandates, etc.) imposed upon the contractor with the exclusion of the Living Wage. Requests for adjustment to markup shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved, the Procurement Department will formalize the adjustment by formal contract modification. It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. IV. REVISION: Revise Appendix C, Paragraph C1 Minimum Requirements to read as follows: "The bidder shall provide a-Dun and Bradstreet(D&B) report indicating a Supplier Risk Score rating of not higher than 4. ITB 2015-052-WG Addendum No. 1 V. RESPONSES TO QUESTIONS RECEIVED: Q1) Who are the current vendors and their current mark-up for the following: a.Administrative(Office)Type temporary Professional Services? b. Industrial Type Temporary Professional Services? Al) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q2) How can prospective bidders obtain a copy of the Bid Tabulation, that will show the mark-up for each responder,for the last time this RFP was let for response? A2) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q3) What is the estimated volume for the following: a. Administrative(Office)Type temporary Professional Services? b. Industrial Type Temporary Professional Services? A3) The average number of Temporary Employees regularly acquired annually through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement • Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative(5 Each), Service Workers(71 Each) • Q4) Will any of the Temporary Employees be asked to perform any of the following tasks: a. Driving any type of motor vehicle on public roads. b. Hydro blasting. c.Working on Roofs. d. Erecting Scaffolding e. Work covered by the USL&H. f. Work covered by the Jones Act. g. Demolition (heavy)other than light renovation work in a building. h.Work higher than six feet off the ground level or a working surface. I. Tunneling. j. Asbestos Abatement k. Mold Removal 1.Work around hot chemical tanks doing clean-up of spilled materials. m. Tree trimming where it requires employees to climb into trees or use ladders to gain access to upper portions of the tree. n. Operating Heavy Equipment/Motorized Equipment. o. Work involving riding on or driving garbage trucks. A4) The Public Works Department occasionally requires Heavy Equipment Operators and Mechanics that will require Class B Driver License with air brake endorsements. No other categories above apply. Q5) How can prospective bidders obtain the position descriptions for the positions for this ITB? A5) Position descriptions shall not be provided as part of this Invitation to"Bid. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. 2 ' Page ITB 2015-052-WG Addendum No. 1 Q6) Are prospective bidders correct in assuming that responders will be submitting "Appendix A"only and the City will prescribe the"Pay Rate"for each position? A6) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph C1 Minimum Requirements. Q7) What information is to be submitted other than "Appendix A"? A7) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph C1 Minimum Requirements. Q8) Item 10 of Appendix A: As a prospective bidder, benefits are not offered to Temporary Employees/ Hourly Employees, but are offered only to Salaried Employees. However Benefits are not offered to Domestic Partners. Will this disqualify prospective bidders from this Invitation To Bid? A8) Please refer to the Equal Benefits for Employees with Spouses and Employees with Domestic Partners, Ordinance # 2005-3494, Section 2.373, which may be reviewed through following link. Attached also please find the applicable City of Miami Beach Reasonable Measures Application and the City of Miami Beach Substantial Compliance Authorization Form referred to in the ordinance. https://www.municode.com/library/fl/miami beach/codes/code of ordinances?nodeld=SPAGE OR CH2AD ARTVIPR DIV3COPR S2-373RECOPREQBEDOPA Q9) Item 9, C3 Specifications: Can the City be please be more specific as to the time period that prospective bidders are to guarantee our temporaries? The standard in the industry is from 4-8 hours. A9) Should the City require the successful contractor to replace an individual on temporary assignment whose quality of service is unsatisfactory; the City shall only pay for service hours rendered. Q10) In regards to the light industrial codes; some of the specified codes are much higher risk than others. A few are classified as an unacceptable risk to carriers. Can prospective bidders specify the light industrial codes that they can bid on? A10) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q11) Also on the City's cost proposal page, can prospective bidders consider #1 "Administration (office) type Temporary Professional Services" as any of the 8800 workers compensation codes? Al 1) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q12) There is an error on the page that lists the Workers' Compensation Codes,. The 1St. Class Code you show is "106"and all Class Codes are four digit. • Al2) The correct Workers Compensation Code for that category is 0106. Q13) What are the job titles/job descriptions related to the roles included in the ITB? A13) Position descriptions shall not be provided as part of this Invitation to Bid as various job descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. • 3IPage ITB 2015-052-WG Addendum No. 1 Q14) What was the spend or number of contractors used by the City for the last 12 months by job category? A14) The average number of Temporary Employees regularly acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each), Service Workers (71 Each). The Clerk II, Clerk III, Secretary, Procurement Specialist, Customer Service Representative, and Book Keeper were contracted through Creative Staffing, the Service Workers were contracted through Academy Design & Technical Services Inc., and the Painters were provided by Union Temporary Services. However, others are needed from time to time. Q15) Will the City provide the rate card (mark up, pay rate, bill rate)for the current contract? A15) Refer to"Exhibit A"attached. Q16) Is the City willing to negotiate on any of the terms and conditions included in the ITB package,such as indemnification or insurance? A16) Refer to Section 0200 Instructions To Bidders, Clause 42, Exceptions To Bid. Q17) Is this a normal bidding cycle for temp labor or are there current service issues that have caused the City to issue this ITB? A17) This is a normal bidding cycle, service issues have not caused the City to solicit new bids. Q18) How many vendors is the City looking to award as a result of this ITB? Will the lowest priced vendor have first right to fill? A18) Please refer to Section 0200, Paragraph 14, entitled Method of Award. Q19) The ITB states a preference for veteran-owned businesses. Is the City's current vendor veteran-owned? A19) No, none of the incumbent vendors were Veteran-owned business's at the time originally • awarded. • Q20) How much is the budget for this ITB? • A20) The City's estimated budget based on historical usage is$2,538,598.58 annually. Q21) Who is the incumbent? A21) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design&Technical Services Inc., and Creative Staffing. Q22) How much is the contract value for incumbent? A22) During the previous fiscal year, Union Temporary Services Inc., was issued purchase orders totaling $278,139.60, Academy Design & Technical Services Inc., was issued purchase orders totaling $1,634,099.22 and Creative Staffing$626,359.76. Q23) Will temporary staff assigned the City be entitled to paid personal time off, paid holidays, or overtime pay? A23) Temporary Staff assigned to the City will not be entitled to paid personal time off or paid • holidays. Overtime will be paid at the rate of 1.5 of the hourly rate, and is subject to pre- authorization by the City. (Example$14.00 hour regular time=$21.00 per hour overtime.) Q24) In what format shall prospective bidders provide evidence of the following: Bidder shall maintain an office within the geographical boundaries of Miami Dade, Broward, Palm Beach or Monroe Counties? A24) A valid Business Tax Receipt or its equivalent, with the applicable address shall be submitted. 4IPage ITB 2015-052-WG Addendum No. 1 Q25) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has had a contract terminated by the City for Default? A25) Proposer shall submit history of contracts terminated against proposing firm or principal within the past ten (10) years. If no contract termination history exists provide a statement to that effect. Q26) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has been party to a corporate bankruptcy within the last ten (10)years? A26) Proposer shall submit history of any bankruptcy filed by proposing firm or principal within the past ten (10)years. If no bankruptcy history exists, provide a statement to that effect Q27) How can prospective bidders obtain the Labor Categories & position descriptions for this ITB Temporary Administrative and Industrial Staffing Services? A27) Refer to the "Revised Proposal Tender Form" attached for Labor Categories. In an effort to more concisely describe the City department's needs and acquire the most qualified temporary employee for the position, job descriptions will be determined and provided to the successful bidder at the time of the need. Job descriptions may vary from project to project depending on the user agency's needs. • Q28) Do prospective bidders need to submit only Appendix "A" - Proposal Certification, Questionnaire&Requirements Affidavit? A28) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph C1 Minimum Requirements. See "Revised Proposal Tender Form" attached. Q29) If prospective bidders need to Submit Cost Proposal Form (Appendix E), It is Not Available in the Page number 33 of Solicitation document provided in Public Purchase. A29) The information can be found on page 34 of the Invitation to Bid document available in Publicpurchase.com. That page is revised by way of this addendum. Refer to "Revised Proposal Tender Form"attached. Q30) Re: Page number 34 of Solicitation, Appendix A- Proposal Tender Form Highlights to Submit Section 5, Bid Price Form. But it is Not Available in the Solicitation document. A30) See"Revised Proposal Tender Form"attached. Q31) Is the Teaming allowed with "veteran business enterprises". If yes, What will be the volume of work to be performed by Prime&Sub contractor? A31) The Veteran's Enterprise Preference only applies to the Prime contractor. Q32) Section 0200, Paragraph 16 (PG 6) of the entitled "Volume of Work to be Received by Contractor," is not clear. A32) The intent of this clause is to specify that this is a non-exclusive contract. Q33) What was the total spend for 2014 and 2013? A33) The total fiscal year spend for 2014 was $2,538,598.58, the total for FY 2013 was $2,539,328.18 Q34) How many employees were hired for 2014 and 2013? A34) The estimated number of Temporary Employees regularly acquired annually through the above mentioned contracts historically have been 95-100. 5IPage ITB 2015-052-WG Addendum No. 1 Q35) What is the percentage breakdown for the various positions in 2014 and 2013? A35) The average number of Temporary Employees acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each), Service Workers (71 Each) Q36) Did any of the temporary employees work over 1560 hours in 2013? Have any worked over 1400 hours in 2014? If so, how many? A36) The vast majority of temporary workers engaged through the current temporary services contracts work full time schedules (40 hours/week=approximately 2080 hours/year). Q37) How does the City of Miami Beach pay employees for jury duty while on assignment? A37) The City will not be responsible for pay of temporary staff while on jury duty assignment. It will be the successful bidder's responsibility to provide replacement staff for those temporary employees assigned jury duty. Q38) What is the interest or penalty on invoices not paid according to contract terms? A38) The City's Payment terms are net 30 days. Refer to Florida State Statute 218.73 "Timely Payment for Non-construction Services". Q39) Does the City of Miami Beach have detailed job descriptions for each position? A39) Position descriptions shall not be provided as part of this Invitation to Bid as various job • • descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. Q40) How do we indicate that we agree that the markup percent is inclusive of all KNOWN components when rates are submitted? A40) Percentage markup offered is to include all expenses and overhead. Failure to honor • proposed percentage markup rates may be cause for default. • Q41) How do we indicate that we request a review of those mark ups should the government implement an unforeseeable mandatory change in staffing firms costs? (Some temporary skill codes are taxed in some states currently; there have been several attempts to apply sales tax to temporary staffing in the past.) A41) The markup proposed by successful vendor(s) shall remain fixed for a period of three hundred sixty five (365) days. After this period, the vendor may submit a price adjustment to the City based on unforeseeable conditions. Requests for adjustment to markup shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved the Procurement Department will formalize the adjustment by formal contract modification. It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. Any questions regarding this Addendum shall be submitted in writing to the Procurement Contact noted below: Contact: Telephone: Email: William Garviso 305-673-7000 ext. 6650 williamgarviso[c�rniamibeachfl.gov 61Pa , e ITB 2015-052-WG Addendum No. 1 Additionally, the City Clerk's is to be copied on all communications via email at: RafaelGranado(a�miamibeachfl.gov or via facsimile: 786-394-4188 Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. II Al_ •eni) "rocuremr. t Director • • • 7 ( Page ITB 2015-052-WG Addendum No. 1 "REVISED" PRO POSAL TENDER FORM Failure to submit Section 5,Bid,Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result`:in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. Bidders may submit a percentage markup on either the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. All of the referenced Workers Compensation Codes must be offered under each category. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative (Office)Type Temporary Professional Services Percentage of hourly salary cost Clerical/Administrative: 7610, 8810, 8820, 8868, 9410 2. Industrial Type Temporary Professional Services Percentage of hourly salary cost Industrial: 0106, 3064, 5192, 5403, 5474, 5506, 5509, 5606, 7520, 7580, 7704, 7720,8380, 8602, 9015, 9102, 9403 The overhead and expenses markup above shall be added to the Temporary Employees'pay rate to determine the bill rate. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Prompt Payment Terms %Net Day 8IPage ITB 2015-052-WG Addendum No. 1 EXHIBIT A Union Academy Design& Temporary Creative Staffing Technical Services Services Position Bill Rate Bill Rate Bill Rate Secretary) $ 17.11 $ 16.01 Secretary II $ 17.79 $ 16.00 Clerk Typist $ 17.11 $ 16.03 Clerk I $ 16.50 $ 16.08 Clerk II $ 16.74 $ 16.03 Clerk III $ 17.14 $ 16.06 Book Keeper/Accounting Clerk II $ 18.50 $ 16.10 Customer Service Reps/Complaint Operator $ 17.39 $ 16.02 Customer Service Reps/ Communication Operator $ 17.39 $ 16.03 Personal Technician I $ 17.55 $ 16.02 Carpenter $ 24.00 $ 16.62 $ 40.45 Light Duty Auto Mechanic $ 27.00 $ 16.61 Plumber $ 30.00 $ 24.35 $ 48.50 • Service Worker $ 16.53 $ 16.05 A/C Mechanic $ 30.00 $ 23.45 $ 53.70 Painter $ 19.50 $ 16.65 $ 31.30 • • Procurement Specialist $ 18.20 $ 16.03 • Transportation Assistant 1 $ 17.79 $ 16.05 ' Transportation Assistant 2 $ 18.85 $ 16.04 Electrician $ 47.70 Laborer $ 28.25 9I Page MIAMIBEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the City's Procurement Management Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: • • B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three(3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date • • Ca. MAMEBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits • Submit this form and supporting documentation to the City's Procurement Management Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; and B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare(or certify) under penalty of perjury under the laws of the State of Florida that • the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State, Zip Name of Signatory(please print) Telephone Number Title Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner(or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of • providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. INVITATION TO BID TEMPORARY STAFFING SERVICES 2015-052-WG BID ISSUANCE DATE: NOVEMBER 14, 2014 BID DUE: DECEMBER 8, 2014 @ 3:00 PM ISSUED BY: lens maisemwsren Awn/memo, WERE US COMM INNINEZ tralffniNZIMEZENINEZZEMEM ionfirmogszamosatammisma tla if5 William Garviso, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6650 I Fax: 786.373. 7490 I www.miamibeachfl.gov wozvasmausammanaa F ' s TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM • APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2015-05 2-WG 2 GOINIZIGEMMOSIMMINZISINNOMENNIMMEIL ONIECCIMICUMWCIMMUMOINI 201 S SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a Contract, by means of sealed bids, with qualified contractor(s)for Temporary Administrative and Industrial Staffing Services, as specified herein, from sources that will provide prompt and efficient service. Compliance with the City of Miami Beach Living Wage is a requirement of this solicitation. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued November 14, 2014 Pre-Bid Meeting November 20, 2014 @ 10:00AM Deadline for Receipt of Questions November 26, 2014 Responses Due December 8, 2014 @3:00PM Tentative Commission Approval Authorizing Award December PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: William Garviso 305 673-7000#6650 williamgarviso @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(@,miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 201 5-052-WG 3 MINGITREMENCEMENCEMEMBOZEIMMUNSENESM i ad Ai\ IVA!BP Ar'1"1 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 ITB 201 5-05 2-WG 4 .40051504*, .340111%. IMO INZOWSZZAVIIEZZEINEIMESVOIMEMIIMMINTh 3 • .� S • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. ITB 2015-052-WG 5 D's�1915•pia 2 5 -s .-_- ....._.-.-.-...- LA 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARD. The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by ITB 2015-052- G 6 giVNIIIMMEMSfilitagenilMOInaa wow tocarmaaraturamesamiamg X31 the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 20. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. ITB 2015-052-WG 7 OE=.71L1?ZICEMEEMENSEMOM - 1915 7015 f J s i � 1 5 �� a fi.�Mi 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten (10)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using ITB 2015-05 2-WG 8 .4441094%. .4100106, mast. MAMIOOR Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds r ., .. _ .. ITB 2015-05 2-WG 9 OEM MEMO=8MM%1W2IENfflEZZIMPNSMOJeffitiZEZINZA =as ciagmangalummusiximumalea emu. almisassakadastrasassesieatelege s ,x._.._.......--- 1915•4:"z. for removing the bidder from the City's bidders list. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify.the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any ITB 2015-052-WG 10 ofEwieziwtsgazawanwszeiseaxamatummtramessza 39 ',• t5 and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade ITB 2015-052-WG 11 onwsmaawymemaszxzwassematammagarassen agrANIMPEONSEMENMSMSIVi 1015. g4 County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATION/VVITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NONCONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. ITB 2015-05 2-WG 12 - .41916141. 1c15• 58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. ITB 201 5-05 2-WG 13 MUM M2MIMENOMMEEMBENORM map amozargazonsses mmw 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in YP Y p assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. ITB 2015-052-WG 14 witlealbk 4 ` _ sznamamertassarrammomenzasiesseinionsona VXMIMESENINEMOSSISMINNIME /4, c f fj . SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1.SEALED BIDS. Deliver to the City of Miami Beach, Procurement Department located at 1700 Convention Center Drive, Miami Beach, Florida 33139. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three(3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2- Bid Certification, Questionnaire and Affidavits(Appendix B). 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2015-052-WG 15 APPENDIX "A " t'15 7015 Proposal Certification , Questionnaire & Requirements Affidavit ITB 201 5-052-WG TEMPORARY STAFFING SERVICES • DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: 2015-052-WG Solicitation Title: TEMPORARY STAFFING SERVICES Procurement Contact: William Garviso Tel: 305-673-7000#6650 Email: williamgarviso @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity.Each Proposer shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:ll supplierportal.dnb.comlwebappl wcs lstoreslservlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 5. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 6. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to n on-performance by an public sector agency? _ YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES,".Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 9. Living Wage. On September 30, 2014,the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6,Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid,under which the City may,at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES . NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 11. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. • Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. • • PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: APPENDIX B eats 40111171s. e 1915.101 5 " No Bid " Form ITB 2015-052-W G TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note,:`It is:important.for those-vendors who have'received notifi.cation of this solrci'tation*but have.decid_ed not to respond;to complete_and submit .the ottache, "Statemen:t of No Bid." The "Statement of:No Bi.d" provides the City,with' information on how to improve- the solicitation process.. 'Failure to submit a_ "Statemen;t..of No Bid .may result in not being notified of future solicitations.by•the City: Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: William Garviso, Procurement Coordinator PROPOSAL # ITB 2015-052-WG 1700 Convention Center Drive MIAMI BEACH, FL 33139 APPENDIX C acme timarataffesommovAnsimunamennaseaffirass Man AWNSVIMSIMMIIIMIUMO=CM= Minimum Requirements & Specifications ITB 201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services. • The bidder shall provide a Dun and Bradstreet (D&B) report indicating a Supplier Risk Score rating of not less than 4. • The bidder shall maintain an office within the geographical boundaries of Miami- Dade, Palm Beach, Broward or Monroe Counties. • Provide listing of at least three (3) contracts of similar size and scope that have been awarded to bidder by public and private sector clients within the last three(3) years, (for each include organization name, contact person, address, telephone number, email address, and summary of scope of services provided). • Firm or Principal shall not have, or have been principal to any firm that has, had a contract terminated by the City for default. • Firm or Principal shall not have, or have been principal to any firm that has, been party to a corporate bankruptcy within the last ten (10)years. C2. Statement of Work Required. The successful bidder(s) shall provide the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and experience required by the City, to perform as a temporary agency employee, the duties, functions and responsibilities of the positions requested. C3. Specifications. 3.1 Administrative and Industrial-Temporary Professional Services 1) Candidates Submitted for the City's Consideration. Upon request from the City contractor shall provide candidates for the job classifications requested by the specific department at the time and place requested. Typically, three or more candidates are required to be submitted for each vacancy at the discretion of the requesting department. Candidates shall be provided at no cost to the City. If the primary vendor fails to provide qualified individuals for the job classification requested within the specified lead time, the City will request the services of the secondary and/or tertiary vendor. 2) Contractor agrees to provide only skilled, knowledgeable and experienced personnel to perform services on a temporary basis to the City. Contractor also agree to provide the City information on any candidate(s) whose quality of services had been previously determined to be unsatisfactory by any City department. 3) Background Checks. Any temporary staffing employee selected for placement in a City department must successfully complete a background check conducted by the City using the Florida Department of Law Enforcement (FDLE) Volunteer and Employee Criminal History System (VECHS). Drug Testing should be conducted in accordance with Title 49, Code of Federal Regulations, Part 40. The successful bidder(s) must provide 10 Panel drug testing of all personnel supplied to the City, and proof of drug test prior to the acceptance of any personnel approval for an assignment. Bidder's employees must test negative in order to begin work on any City assignment. Bidder shall bear all cost associated with the initial drug tests. The City's current 10-panel drug test and cut-off levels are as follows: Initial Test GC/MS Confirm Drug Level Test Level Amphetamines 1000 nq/ml 500 nq/ml Barbiturates 300 nq/ml 150 nq/ml Benzodiaze•ines 300 n•fml 150 n•fml Cocaine metabolites 300 nq/ml 150 nq/ml Mari'uana metabolites 50 n•/ml 15 n./ml Methadone 300 n•fml 300 n•/m1 Methaqualone 300 nq/ml 150 nq/mI Opiates 2000 nq/mI 2000 nq/ml Phenc clidine 25 n•/m1 25 n•/m1 Propoxvphene 300 nq/ml 150 nq/ml In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40. In no case shall a candidate who tests positive for drugs or alcohol be submitted as a candidate for City assignment. 4) The City's representative and successful bidder shall mutually agree on the hourly salary, job description, minimum qualifications, duties and responsibilities for each position, as needed. The overhead and expenses markup proposed shall be added to the Temporary Employees' pay rate to determine the bill rate. No other fees or taxes are allowed. 5) Contractor must inform the City of any temporary staffing employee who will be accepted for assignment at the City when currently on assignment elsewhere. 6) No substitution of staff with lower skill-base will be acceptable without the prior approval of the City. 7) The Contractor agrees not to place an individual in any City department without the approval of the Human Resources Department. 8) The Contractor agrees not to place any individual in a temporary assignment with the City who was previously employed by the City as a regular employee without prior approval of the Human Resources Department. 9) Upon request from the City, Contractor must immediately replace any personnel providing services whose quality of services is unsatisfactory to that City department. The City will not be charged for unsatisfactory services. The City will exclusively determine if the quality of the services of any temporary personnel is satisfactory or unsatisfactory. 10) Should any person terminate employment with the Contractor while such person is providing services to the City department, Contractor must agree to immediately replace such person with a person having similar skill, knowledge and experience (with prior approval of the City). Contractor shall replace the person expeditiously at the same contracted bill rate for each position. If the Contractor fails to replace the person in a timely manner,the City reserves the right to access the services of another contractor. 11) The City shall have the right to determine the period of time and work schedule of all personnel provided by the Contractor to perform services as a temporary agency employee. The City will not warrant or guarantee the period of time or work schedule of any person provided by the Contractor to perform services at a designated department at the City. 12) All candidates placed in the City shall be employees of the contractor and, at no time, shall the City be liable for any employer responsibilities to the contractor's employee. 13) After 120 days, the City may hire the temporary employee with no penalty or cost to the City. Below please find a sample list of commonly used Class Descriptions and Workers Compensation Class.Codes. This list is not exclusive. W/C Class Code Class Description Mosquito Extermination or Control by Spraying & Drivers, Tree 106 Department-All Employees and Drivers 3064 Sign Manufacturing/Screen Printing Parking Meter Repair&Salespersons, Drivers; Parking Meter 5192 Change Collectors&Salespersons, Drivers; 5403 Carpentry Painting of Stripes on Parking Lots & Drivers, Painting Shop 5474 Operations; Tank Cleaning (Oil or Gas Storage) Street& Road Construction: Paving, Repairing, Surfacing or 5506 Resurfacing &Drivers Street Cleaning & Drivers, Street& Road Maintenance& Drivers, 5509 Traffic Line or Road Marking & Drivers Project Manager, Construction Executive, Construction 5606 Manager/Superintendent Waterworks Operation -All Employees including Store Employees 7520 & Drivers 7580 Sewage Disposal Plant Operation & Drivers Radio/Television Broadcasting employees, clerical, drivers, field 7610 workers 7704 Firefighters &Drivers Police Department Staff(non policemen), Criminal Laboratory 7720 Technician, & Drivers, Automobile service or repair& Drivers; Parts&Service 8380 Department employees 8602 Surveyors, Oil/Gas Geologists& Drivers Secretary, Clerical Office employees Auditor(in-house), Computer System Designers/Programmers(exclusively in the office), Telephone Answering Service, Chairman of Board of Elections & Polling Clerks, City Clerk, Mayor&Commissioners, City Manager, 8810 City Planner, Personnel Board, Planning Board, Register of Deeds Attorneys, All Employees&Clerical, Messengers & Drivers in the 8820 Law Office 8868 Schools-Professional employees Building & Property Management/Maintenance& Drivers; Public 9015 Swimming Pool Operation 9102 Parks & Drivers; Lawn Maintenance Garbage/Trash Collectors- Including Containerized Collection & 9403 Drivers, Dump Operations- Employees&Drivers, 9410 Building Inspector, Electrical Inspector 3.2 City of Miami Beach Living Wage Rates. Under this contract, the wage rate paid to the personnel employed by the bidder for the work under the contract shall not be less than the City of Miami Beach Living Wage Rate. On September 30, 2014, the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6, Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to $13.31 an hour without health benefits or $11.62 an hour with health benefits of at least $1.69 an hour with an effective date of January 1, 2015. Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non- responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. 3.3 Pricing. Bidder shall quote a percentage markup to be added to the pay rate for the placed candidate and shall be inclusive but not limited to, all expenses, profit, overhead and all applicable taxes. The City and Contractor shall agree on the salary of the temporary staff person at the time of the engagement for that position. 3.4 Invoice and Payments. Payment shall be made upon the certification by an authorized City representative that the work assignment is satisfactorily completed. The vendor(s) supplying Temporary Employment Agency Services to the City of Miami Beach are required to furnish the following information on their pre-numbered imprinted business invoices and weekly job tickets for personnel performing services. A. Purchase Order Number B. Job number C. Assignment location D. Individuals Full Name E. Employee Number F. Job Classification G. Date H. Number of hours Worked I. City Acceptance/Authorized Signature. 3.5 Temporary Personnel D atabase Reporting. Successful Contractor s hall create and maintain a data base to include all temporary personnel assigned the City, listed by individual, to include rate of hourly pay, total hourly bill rate, total number of hours worked monthly, total number of hours worked annually, total hourly rate paid to the temporary, employee, total bill rate paid by the City, date of temporary employee began assignment with the City and date temporary employee ended assignment with the City. This data must be forwarded to the City on a monthly basis with cumulative report sent at the end of the calendar year. The Contractor must agree to provide the City with custom reports on temporary employees as needed. APPENDIX D fealMIEDESWEMENZNIESIMEOWARENIM Mrnons A R. bvi Special ITB 201 5-052-WG TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 1. TERM OF CONTRACT.This contract shall be for thirty six(36) months. 2. RENEWAL TERM: The City shall have the option to renew this contract for an additional thirty six (36) month term, provided the bidder will maintain the same percentage markup, terms and conditions. 3. PRICES. If awarded a contract under this bid solicitation, the percentage markup quoted by the bidder on the bid form shall remain fixed and firm during the term of the contract; provided, however that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. APPENDIX E FIZERNIZAIISIZIENIMENSIMIESM Cost Proposal Form ITB-201 5-052-W G TEMPORARY STAFFING SERVICES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive • Miami Beach, Florida 33139 APPENDIX A PROPOSAL TENDER FORM Failure to submit Section 5,Bid Pride Form, in its entirety and fully executed by the:deadline:established for the receipt of proposals will result in proposal being deeriled non-responsive.and"'being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5) shall be initialed. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative (Office) Type Temporary Professional Services Percentage of hourly salary cost 2. Industrial Type Temporary Professional Services Percentage of hourly salary cost The overhead and expenses markup above shall be added to the Temporary Employees' pay rate to determine the bill rate. • Bidder's Affirmation - Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: APPENDIX F MEW 111011111101NOZWIISSIEEMEN11111 Insurance Requirements ITB 2015-052-WG TEMPORARY STAFFING SERVICES . . -. .....,.._.. .. _ /915.243 A { 4 yY INSURANCE REQUIREMENTS The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. A waiver of subrogation in favor of the City must be provided for the insurance required above. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ATTACHMENTS ROTS F E - " jigeacjoesio A kztt6.vtt,-\\„., Providing Quality Technical Staffing and Recruitment Services. Temporary Staffing Services ITB #2015-052-WG CITY OF MIAMI BEACH Executive Summary City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With our many years of experience and resources Academy Design can provide The City of Miami Beach with the necessary temporary personnel services needed to ensure that all staffing needs are met quickly and with the proper personnel. Academy Design is ve t throughout to say it has been providing government agencies hout The State of Florida g with temporary employees for over 34 years now. We have been and are currently providing administration personnel,clerical support,maintenance workers, golf course workers, skilled and non-skilled tradesmen,warehouse workers and mechanics too several government agencies and private corporations throughout The State of Florida. Our company has grown in size and reputation throughout the years with our goal remaining to provide good quality personnel and good customer service at a fair price for our customers and clients.Academy Design is proud to be a staffing partner to major government agencies&private businesses in a variety of industries throughout The State of Florida. In 35 years of providing temporary staffing services in The State of Florida we have started and finished every term contract we have been awarded, with not one complaint,protest or judgment ever filed against us. We have always gone over and above what is expected of us regarding our obligations to our government agency clients regarding their term contracts and their temporary staffing needs and special projects. Academy Design has provided service excellence over the years to many of Florida's government agencies including The Broward County School Board,The Broward County Board of Commissioners, The Miami-Dade County School Board, The Florida Department of Transportation and The Florida Department of Management Services to name a few. We understand how to staff and service government agency contracts such as this proposed City of Miami Beach term contract. Academy Design has an extensive network of temporary personnel and perspective candidates available to us. Our in house resume database consists of over 100,000 resumes here in South Florida which allows us to fill our clients staffing needs very quickly. Academy Design knows that the key to any term contract is temporary employee retention to ensure that our clients staffing needs and projects are always filled and completed on time and within budget. Besides providing temporary contract personnel, we also provide our clients with payroll personnel services as well to help them if they want to put one of their own employees on our payroll for a project they may have for a specific amount of time. Each perspective candidate submitted for hiring consideration is pre-screened by our recruiters to ensure each person has the proper skills and experience,will work for the required wage amount,has the proper licenses if required, has proper I-9 documentation Executive Summary and the proper characteristics and attitude needed for each individual job assignment. Our response time for each position is typically 4-8 hours;this ensures that our client's needs are met quickly and efficiently. If for some unforeseen reason an Academy Design temporary employee is not working out,we will replace the employee within 8 to 12 hours to ensure the ongoing success of all of our clients. Each temporary employee can be signed up quickly by our human resources department, usually within 4-6 hours; therefore they can be ready for assignment quickly. Academy Design adheres to all state and federal guidelines when it comes to minimum,prevailing &living wage laws that are in effect for each individual term contract.We also conduct testing on some of our perspective candidates to ensure they have the necessary word processing and typing skills before they are submitted to our clients. All perspective candidates interviewed and hired will already have been drug tested using a 10 panel urine drug screen,driver's licenses already checked,background checks completed& all reference checks completed. Temporary employees will be pre- instructed if required to wear uniforms and steel toed boots and proper required dress code will be gone over prior to the start of all assignments. Each hired temporary employee will be required to complete our orientation and safety programs before the start of their perspective job assignment. Academy Design is 100%fully committed to supporting the continued success of the staffing needs of this term contract. Our Account Manager for this term contract, Ms. Roseann Ambrico who will be assigned to this term contract will meet with the proper City of Miami Beach managers and supervisors bi-weekly to discuss and determine the current and upcoming staffing needs so they can be filled quickly and with the proper qualified personnel. Miss Ambrico will also meet weekly or on an as needed basis with each temporary employee to make sure goals and expectations are being met, dress code is proper, make changes to any benefits that need to be addressed and any other matters that may need attention. Each temporary employee will be given an employee review every 3 months to go over and discuss their job assignment and specific duties, goals and expectations. We have the experience,resources and capabilities to ensure that each temporary employee is meeting the expectations of this City of Miami Beach term contract. Our management team will devote all the time,energy and effort needed to ensure the ongoing success of The City of Miami Beach. Through our hands on get involved approach we know that we can effectively support this term contract. Our top management will continue to be actively involved and will continue to be 100% committed to supporting this term contract staffing services project. We will make sure we provide to The City of Miami Beach all necessary and required detailed temporary staffing&billing reports on a weekly,monthly, quarterly and annual basis to include the date, name of each employee, rate of pay,a billing rate & a time sheet showing the number of hours worked in the specified period. All invoices will include Executive Summary legible signed time sheets with the proper amount of hours worked with a supervisor's signature on the time sheet to verify the temporary employee's hours worked! As evidenced by our management program and service offerings included herein,we will make sure we go over and above what is expected of us to successfully add value to The City of Miami Beach as well as provide a comprehensive staffing management and temporary contract employee retention program. We are customer service oriented and like to maintain constant communications with our clients and term contract employees. Academy Design is proud to say we have finished every term contract we have ever started. Our reputation over the past 34+years of excellence,quality service, integrity and honesty has been earned which is reflected in our attached references. Sincerely, Thomas Sholar/President Academy Design&Technical Services, Inc. TAB 1 Cost Proposal Form (Appendix E) ITB 2015-052-WG Addendum No. 1 "REVISED" • PROPOSAL TENDER FORM Failure to submit Section 5,Bid Price Form:in its entirety and fully executed by the deadline,established for the:receipt of proposals will result in proposal being;deemed non'respoisiverand being°rejected.. - Bidder affirms that the prices stated on the proposal pace form below represents the entire cost of the hems in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. Bidders may submit a percentage markup on either the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. All of the referenced Workers Compensation Codes must be offered under each category. EXPENSES AND OVERHEAD PERCENTAGE MARKUP TO BE ADDED TO BILL RATE 1. Administrative(Office)Type Temporary Professional Services g°!o Percentage of hourly salary cost Clerical/Administrative: 7610,8810, 8820,8868,9410 2. Industrial Type Temporary Professional Services o?3:3 % Percentage of hourly salary cost Industrial: 0106,3064, 5192,5403,5474,5506,5509, 5606, 7520,7580,7704,7720,8380,8602,9015,9102, 9403 The overhead and expenses markup above shall be added to the Temporary Employees'pay rate to determine the bill rate. Bidder's Affirmation Company: Af.1i0/1 rind Authorized Representative: T ,rf�,/°2,fK Address: /joy Al _./7 /'v. 7./}.„ ,U Telephone: ?S'S/77J-7'640 Email: T2 '&,14)TJ'.0.e5 Authorized Representative's Signature Prompt Payment Terms_it:P_%Net 1 Oay Z% hie/ /,f Pays $, Page_ TAB 2 Bid Certification, Questionnaire and affidavits (Appendix B) Solicitation No:2015-052-WG Solicitation Title:TEMPORARY STAFFING SERVICES Procurement Contact:William Garviso Tel:305-673-7000#6650 Email:williamgarviso @miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: ` No of Employees: OTHER__NN.�ME(S)PROPOSEI(HAS OPERATED UNDER IN THE LAST 10 YEARS: NOnt FIRM Y o 3 3 / a(HEADQUARTERS): 7 i 4 ,n 3 CITY: STATE/24,e449 ZIP CODE::jO 3 TELEPHONE NO.: 977— e TOLL FREE NO.: ADD--crJj—D'S o FAX NO.: 95Y—— 97.?—W9d FIRM LOCAL ADDRESS:/JO3 "` J , n CITY �y/fie STATE ,�' ZIP CODE:zfD67 PRIMAARRYYACr�CWI T REPRESENT IVES FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE O.: 9f/-97?-7‘ao d.e 75/922—O 22 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: O FEDERAL TAX IDENTIFICATION NO.: 3-37-,76 '5f.r5›. The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate, Name of Proposers ALitgrized Representative: Title of Proposers Authorized Representative: Ti/ f�fl✓ ci*zve Signature of Proposer' uthorized Representative: Date: //W/24W State of ft ) On this/9 day of J k aW4, 0./ ersonally appeared before me`Thaudi,Shchrwho County of . .w r ) stated that (s)he is the Pittoid,,r,7- of :1•_•.•.• _ , a corporation,and that the instrument was signed in behalf of the said co "ration by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: 4/ CA' Notary Public for the State of lo _ My Commission Expires: 4pri 1 42/ 62O/4. �OS�,Y••V�'i�, BARBARA E MOT * MY COWAISSlON I EE 181725 EXPIRES:April 21,2018 erow,de Bonded ThNBndO Noisy Was 1. Veteran Owned Business.Is Pro oser claiming a ve eran owned business status? OYES [ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity.Each Proposer shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt,by the City,of the SQR directly from Dun &Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:Ilsupplierportal.dnb.comlwebapplwcsl stores lservletlSupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun& Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years.If an action has been filed,state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action.If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect.If"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years.If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 5. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. • 6. Suspension,Debarment or Contract Canceiiation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an 'ublic sector agency? YES `K' NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.govlprocurement/. 9. Living Wage. On September 30,2014.the Mayor and City Commission adopted Ordinance 2014-3897 amending Section 2-408 of Division 6,Article VI,of Chapter 2 of the Miami Beach City Code,by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid,under which the City may,at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant,n competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health ), x' _ Sick Leave Family Medical Leave XC ?C Bereavement Leave X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 11. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm R t Receipt Receipt Oh Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 s Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 1 of 6 Decide with Confidence Supplier Qualifier Report To save report(s)to your PC, click here for instructions. D Print this Report Copyright 2014 Dun &Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 ATTN: ACADEMY DESIGN AND TECHNICAL SERVICES INC Report Printed: NOV 17 2014 in Date BUSINESS INFORMATION ACADEMY DESIGN AND TECHNICAL SERVICES INC ACADEMY DESIGN 1303 N State Road 7 Ste B3 Pompano Beach, FL 33063 Rating Change This is a single location. D-U-N-S®Number: 08-360-3985 Telephone: 954 973-7600 D&B Rating: 2R3 Fax: 954 973-4890 Formerly 2R2 Chief executive: THOMAS J SHOLAR, PRES Number of employees: 2R is 1 to 9 employees. Composite credit appraisal: 3 is fair. Year started: 1974 D&B Supplier Risk: 1 Employs: 4 SUPPLIER EVALUATION RISK(SER)RATING FOR THIS FIRM : 1 History: CLEAR V Financing: SECURED 9 8 7 6 5 4 3 2 1 High Medium Low D&B PAYDEX® D&B PAYDEX: 51 When weighted by dollar amount, payments to suppliers average 29 days beyond terms. 0 V too 120 days stow 3?days slow Prompt Anticipates Based on up to 24 months of trade. SUMMARY ANALYSIS D&B Rating: 2R3 Number of employees: 2R indicates 1 to 9 employees. https:l/supplierportal.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportForm... 1 1/1 7/201 4 D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 2 of 6 Composite credit appraisal: 3 is fair. The Rating was changed on April 10, 2014 because of a change in payment information appearing In D&B's file.The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1R and 2R Ratings, the 2, 3, or 4 credit worthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information,see the D&B Rating Key. Below is an overview of the company's rating history since 01/01/91: D&B Rating Date Applied 2R3 04/10/14 2R2 09/01/04 1R2 07/28/95 -- 10/20/94 1A1 03/08/94 -- 11/16/93 1A1 03/07/91 BA1 01/01/91 The Summary Analysis section reflects information in D&B's file as of November 17, 2014. RISK SCORE ANALYSIS SER COMMENTARY: - Higher risk industry based on inactive rate for this industry. - Variable Paydex over last 12 months. - Proportion of slow payment experiences to total number of payment experiences reported. PROBABILITY OF CEASED OPERATIONS/BECOMING INACTIVE SUPPLIER EVALUATION RISK RATING: 1 The probability of ceased operations/becoming inactive indicates what percent of U.S. businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased 1.3% (130 PER 10,000) Operations/Becoming Inactive: Percentage of US business with same SER 13% (1,300 PER 10,000) score: Average Probability of Supplier Ceased 5.600/0 (560 PER 10,000) Operations/Becoming Inactiive : -Average of Businesses in D&B's Supplier Database CREDIT DELINQUENCY SCORE: 596 DIVERSITY Minority-Owned Business: N/A Historically Underutilized Business: N/A Women-Owned Business: N/A Veteran-Owned Business: N/A Disadvantaged Business Enterprise: N/A Vietnam Veteran Business: N/A Small Disadvantaged Business: N/A Disabled-Owned Business: N/A HUB-Zoned Certified Business: N/A Historical College Classification: N/A SBA 8(a) Certified: N/A YES Labor surplus area; (2014) Small Business: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportForm... 11/17/2014 D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 3 of 6 YES (2014) CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun &Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. HISTORY The following information was reported 08/30/2014: Officer(s): THOMAS J SHOLAR, PRES STACY DEUYOUR, SEC STACY DEUYOUR, SEC DIRECTOR(S): THE OFFICER(S) The Florida Secretary of State's business registrations file showed that Academy Design&Technical Services, Inc. was registered as a Corporation on September 24, 1980. Business started 1974 by Thomas Sholar. Relocated Mar 1994 from 1303 N State Road 7 5B. 100% of capital stock is owned by the officers. THOMAS J SHOLAR born 1941. 1974-present here. 1986-94 active with Academy Design and Technical Services Inc, Norcross, GA, sold interest with no debt outstanding. 1974-1975 employed by Summit Technical Associates, Coral Springs, FL,as manager. 1971-1974 employed by Motorola, Fort Lauderdale, FL, as mechanical engineer. 1968-1971 employed by Pioneer Magnetics, Santa Monica, CA, drafting manager. THOMAS SHOLAR. Work history unknown. Business address has changed from 1303 N State Road 7 Ste B3, Margate, FL, 33063 to 1303 N State Road 7 Ste 83, Pompano Beach, FL, 33063. OPERATIONS 08/30/2014 Description: Temporary technical services(80%) and in-house engineering services(20%). Has 130 account(s).Terms are net 10 days. Sells to commercial concerns.Territory : United States. Nonseasonal. Employees: 4 which indudes officer(s). Employees depend on workload. Facilities: Owns 2,500 sq. ft. on second floor of two story concrete block building. officers own the building. Location: Central business section on main street. UNSPSC UNSPSC(United Nations Standard Product and Services Code)is a globally accepted commodity (Product and Services) classification system. ACADEMY DESIGN AND TECHNICAL SERVICES INC offers the following product(s) and service(s): hops://suppli erportal.dnb.com/webapp/wcs/stores/servletlSQRReportDisplay?reportForm... 11/17/2014 D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 4 of 6 80111701 Staff recruiting services 81100000 Professional engineering services NAICS Beginning in 1997,the Standard Industrial Classification (SIC) was replaced by the North American Industry Classification System (NAICS). This six digit code is a major revision that not only provides for newer industries, but also reorganizes the categories on a production/process-oriented basis.This new, uniform, industry-wide classification system has been designed as the index for statistical reporting of all economic activities of the U.S., Canada, and Mexico. 561311 Employment Placement Agencies 541330 Engineering Services SIC Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. 73610000 Employment agencies 87110000 Engineering services D&B PAYDEX The D&B PAYDEX Is a unique, dollar weighted indicator of payment performance based on up to 8 payment experiences as reported to D&B by trade references. 3-Month D&B PAYDEX: 80 D&B PAYDEX: 51 When weighted by dollar amount, payments to When weighted by dollar amount, payments to suppliers average within terms. • suppliers average 29 days beyond terms. o [7 100 o Q 100 120 days slow 30 days slaw Pmt Anticipates 120 days slow 30 days slow Prompt Anticipates Based on trade collected over last 3 months. Based on up to 24 months of trade. When dollar amounts are not considered, then approximately 94%of the company's payments are within terms. PAYMENT SUMMARY The Payment Summary section reflects payment information in D&B's file as of the date of this report. Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: • Total Total Dollar Largest High Within : Days Slow • Rcv'd Amts Credit Terms <31 31-60 61-90 90> (#) ($) Cs) (Wo) (%) • • • • Top industries: Electric services 2 750 500 100 - . - - - Public finance 1 20,000 20,000 - 100 - - - Ret stationery 1 250 ' 250 . 100 - - - https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportForm... 11/1 7/20 1 4 D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 5 of 6 Short-trm busn credit 1 50 50 _ 100 : - . - - - Other payment categories: Cash experiences 3 250 100 Payment record unknown 0 0 0 Unfavorable comments 0 ` 0 0 Placed for collections: With D&B 0 0 Other 0 N/A Total in D&B's file 8 21,300 20,000 The highest Now Owes on file is $500 The highest Past Due on file is$0 D&B receives over 600 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. PAYMENT DETAILS Detailed payment history Date Reported Paying Recoici High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) ($) ($) ($) Within (months) • 10/14 Ppt 250 250 g 0 N30 1 mo Ppt 50 0 - 0 . 2-3 mos 09/14 Ppt 500; 500 1 mo Ppt 250 100 1 mo 05/14 (005) 50 Cash account 1 mo 04/14 (006) 100 Cash account 1 mo (007) 100 Cash account 1 mo 10/13 Slow 20,000 1 mo Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. PAYMENT TRENDS SUPPLIER VERSUS INDUSTRY PAYDEX -> PRIOR 4 QTRS CURRENT 12 MONTH TREND 2012: 2013 --- --- --- -2014 --- --- --- DEC MAR JUN SEP DECD JAN FEB MAR;APR' MAY JUN JUL AUG SEP' OCT NOV 80 80 80 80 80 BO 51 52 51 52 : 51 52 52 52 52 51 https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportForm... 11/17/20 14 D&B Supplier Qualifier Report: ACADEMY DESIGN AND TECHNICAL SERVICES I... Page 6 of 6 Supplier PAYDEX • Industry PAYDEX(Based on 62 establishments in SIC 736X) UP QRT 80 80 80 80 80 80 80 80 MEDIAN 80 80 • 80 80 80 80 80 80 LO QRT 70 71 73 73 74 74 74 75 PAYDEX scores are updated daily and are based on upto 13 months of trade experiences from the Dun&Bradstreet trade file. All amounts displayed within this report are in local currency. FINANCE 08/30/2014 The name and address of this business have been confirmed by D&B using available sources. PUBLIC FILINGS The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. UCC FILINGS Collateral: All Assets including proceeds and products-All Inventory including proceeds and products -All Account(s) including proceeds and products -All Chattel paper including proceeds and products - and OTHERS Type: Original Sec. party: SUNTRUST BANK, ATLANTA, GA Debtor: ACADEMY DESIGN &TECHNICAL SERVICES, INC. Filing number: 201105297487 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 09/13/2011 Latest Info Received: 09/20/2011 The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. GOVERNMENT ACTIVITY Activity summary Congressional District: 21 The details provided in the Government Activity section are as reported to Dun &Bradstreet by the federal government and other sources. Copyright 2014 Dun &Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 https://supplierportal.dnb.com/webapp/wcs/stores/servletlSQRReportDisplay?reportForm... 11/17/2014 ROTS IACADEMY-DEqGN AND TECHNICAL STAFFING. INC --9 1.;_ ''' ' -i--:. • - 1: =,..:-ii ., - ' -._.-, . ' 1303 NORTH STATE ROAD? MARGATE.FLORIDA 33063-2887/PHONE:19541973-7600 FAX:19541973-4830 The City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach,Florida 33139 Re: Litigation and Regulatory History Academy Design & Technical Services,Inc. can proudly state that it has had no litigation or regulatory action ever brought against it in The State of Florida or anywhere else for that matter. Sincerely, Thomas Sholar/President Academy Design&Technical Services, Inc. \ pSrd.n'.n_ A DT C. Y-PESIGNANP TECH IC, L TAFFING,-INC.a. _ 1303 NORTH STATE ROAD 7 i MARGATE.FLORIDA 33063.2887!PHONE:19541973-7600 FAX:19541973-4890 City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Conflict of Interest To: Procurement Department Academy Design does not have any officers, agents, director's, siblings or any family members,etc. who are or who have ever been an employee of The City of Miami Beach. In addition none of the above mentioned own or have ever owned any percentage of Academy Design&Technical Services,Inc. Sincerely, ....- --'(_....----- Thomas Sholar/President Academy Design&Technical Services,Inc. DT 51 Arai Technical Services,.1 13031k WO KA:Stok BA,Marsetei 43053 Phew 90,4411-_4601}t O.54-4Z3-4410 Current Temporary Staffing References Suzette Fraizer- Regional Safety Program Manager Florida Department of Management Services Department of Children and Family Services 401 NW 2nd Ave., Ste. S-423 Miami, FL 33128 Phone No. 305-420-3883, Fax No. 305-349-1286, Cell No. 786-314-6293 Email: suzette_frazier @dcf.state.fl.us We provided them with temporary clerical personnel Tim Campbell Town of Palm Beach 2345 South Ocean Blvd. Palm Beach, FL 33480 Phone No. 561-533-1170, Fax No. 561-547-0691, Cell No. 561-866-4072 Email: tcampbell@townofpalmbeach.com We are currently providing them with temporary maintenance and Gold Course Workers Pam Whilsky—Purchasing and Contracts County of Volusia 123 West Indiana Ave., Suite 304 DeLand, FL 32720 Phone No. 386-822-5779, Fax No. 386-626-6554 Email: pwilsky @co.volusia.fl.us We provided them with temporary clerical personnel ®Y i ism maw -tm to I r .'-. _... =1 F . Current Temporary Staffing References (Continue) Margaret Callahan - District Training and Performance Management Manager Florida Department of Transportation 1000 N.W. 111 Avenue Miami, Florida 33172 Phone No. 305-640-7562 Email: margaret.callahan@dot.state.fl.us We provided them with temporary office and administrative personnel Maddy Reisler City of Miami Beach PUBLIC WORKS /Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139, Date of Contract: 2010 to Present Phone No. 305-673-7000 Ext. 2999, Fax No. 305-673-7963 Email: maddyreisler @miamibeachfl.gov We are currently providing them with temporary maintenance workers Bobbie Ashbee— Clerk Specialist IV The School Board of Broward County, Florida 3 810 NW 10th Avenue Fort Lauderdale, FL 33309 Phone No. 754-321-4763 Fax No. 754-321-4765 Email: b.ashbee @browardschools.com We provided them with semi & skilled laborers and tradesmen una wm" w C O R P O R A T I O N • November 13,2008 To: Whom it may concern From: Daisy Gomez-Sanchez/Human Resources Subject: Reference Letter On behalf of myself and our staff,I am happy to provide you with this letter of reference. Thank you very much for your quality employees. Academy Design and Technical Services has always provided us with excellent employees and in a timely manner. It's good to know you can still count on people to do a good job in today's world. I would not hesitate to use their services again when the need arises. Again, thank you. Respectfully, t r Daisy Go e±-Sanchez Human Resources Manager Unipower Corporation 954-346-2442 ext 378 UNIPOWER NORTH AMERICA 3v^;)CQRA[RID:;E DRIVE,CORAI ti('RWC:�:,froierDA s3OZ:5 LEI 954-3462442•FAX 1)54 340.7WW()} '`'elf P.SITE ht p/�•..v...U•IiI T'.i:�l:f.'.11I'1.(.'.U11 Volusia County FLORIDA FINANCIAL AND ADMINISTRATIVE SERVICES May 1, 2010 Academy Design& Technical Services 1303 North State Road 7 Margate, FL 33063-2887 Attention: Roseann Ambrico Re: Raquel Guzman, R.N. Dear Roseann: Thank you for recommending Raquel Guzman, R.N. to our facility for our annual Lifeguard physicals. Raquel was punctual, friendly and was a great help as we processed approximately 50 full physicals. Raquel gave the EKG's and did an excellent and impressive job. We would love to have her come back to work for us in the future as needed. Sincerel , Barb. a Davis, LPN Risk Management Personnel-Risk Management • 230 N.Woodland Blvd.,Suite 250 • Deland,Florida 32720 Tel:386-736-5963 • Fox:386-822-5006 wvvw.volusia.org INN ill DI'S ACADEAVIDESIGN AND-TECHNICAL STAFFING INC 1303 NORTH STATE ROAD 7 MARGATE.FLORIDA 33063-2887 PHONE:19541973-7600 FAK19541973-4890 City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Vendor Campaign Contributions To: Procurement Department Academy Design's sole owner is Thomas Sholar who owns 100%of its stock &he has never contributed any type of campaign contribution or any other type of contribution to The City of Miami Beach. Sincerely, Thomas Sholar/President Academy Design &Technical Services, Inc. !A DT 5. I III ACADEMY DESIGN AND TECHNICAL STAFFING INC. - -1 _ ' - - - - • 1303 NORTH STATE ROAD 7 MARGATE.FLORIDA 33063-2987 PHONE:(9541973-7600 FAX:(9541973-4290 City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Re: Code of Business Ethics To: Procurement Department Academy Design will definitely agree to adopt The City of Miami Beach's code of business ethics. Sincerely, Thomas Sholar/President Academy Design& Technical Services, Inc. 111 t;,;y' RDTS, 0 ACADEMY.DESIGN:AND TECHNICAL STAFFING, INC. 1303 NORTH STATE ROAD 7 r(MARGATE-FLORIDA 33063-2337 r PHONE:19541973.7600 FAX:19541973.4890 City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Living Wage To: Procurement Department Academy Design will always comply with The City of Miami Beach's Living Wage Ordinance! We know the new rate will take effect on 1/1/2015. Sincerely, -Z:Z-P------ ../ Thomas Sholar/President Academy Design&Technical Services, Inc. C. i Minimum Requirements A. City and County Licenses B. No Contracts Terminated C. No Corporate Bankruptcies ,pE !''r ><•• c9i City of Margate, Florida . _ Local Business Tax Receipt III! • BROWARD COUNT( LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, F . _ , t Lauderdale, FL 33301 1895—954-831-4000 VALID OCTOBER 7 ,2014 THROUGH SEPTEMBER 30,2 015 DBA: Business Name:ACADEMY DESIGN & TECH SERVICE Business Typee Receipt '275:326 ' • Owner Name:ACADEMY DESIGN & TECH SERVICE Business Opened:06/06/1995 Business Location;1303 N STATE RD 7 B-1 State/Count y/Cert/Re MARGATE 9' Exemption Code: ti Business Phone:973-7600 • Rooms Seats Employees Machines Professionals 8 For Vending Business Only Number of Machines: _ n9 Type: Ype: • Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid • 45.00 0.00 0.00 0.00 0.00 0.00 45.00 • THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS Tests BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is • • non-regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when • the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: ACADEMY DESIGN & TECH SERVICE 1303 N STATE RD 7 #B-1 Receipt #1CP-13-00007238 MARGATE, FL 33063 Paid 07/18/2014 45.00 • • 2014 - 2015 0113)"%A1A r'9ei ...ho mr.r..i . pis .. . Recruitment,Hiring and Employment Matters Minimum Requirements/Bullet#4,Contracts Terminated • Academy Design has a high degree of repeat business as a result of our high standard of quality in our recruiting and management process,ADTS has now been in business servicing our government agency clients throughout The State of Florida for over 34 years. ADTS has offices in Gainesville,Florida and owns the building where we are headquartered in Margate, Florida. We have been at this same location for over 30 years now. Our financial resources are very strong. Academy Design will go over and above what is required by The City of Miami Beach to make sure all staffing needs are met quickly with the proper temporary employees. Our Account Managers and Recruiters are always in contact with our clients to ensure we keep abreast of all current and upcoming staffing needs and projects to make sure we have the necessary employee's ready to step in and go to work at the appropriate location and time. The President of Academy Design,Thomas Sholar will oversee this term contract to ensure all aspects of the terms are being met and our quality of service is excellent. Mr. Sholar has been the owner for over 30 years now and he nor anyone else ever affiliated with Academy Design has never had a government agency or private corporation term contract terminated for default or for any other reason. Academy Design is proud to state that it has completed every term contract it has ever started! Academy Design will go over and above what is expected of us to ensure the ongoing success of The City of Miami Beach in every way possible. We have never had a complaint filed against us with The Better Business Bureau or with any government agency throughout The State of Florida! Sincerely, Thomas Sholar/President Academy Design&Technical Services, Inc. Ltr.- T A . . _. _ i -A -- -'4,..ti JUSIc0 , ZELANICALSTAFFING INC. 1 _ 1303 NORTH STATE ROAD 711 MARGATE.FLORIDA 33063-2887 r PHONE:19541973.7600 FAX:19541973-4890 Minimum Requirements/Bullet#5 (Corporate Bankruptcy) Celebrating over 34 years of temporary staffing services throughout The State of Florida, Academy Design and Technical Services, Inc. has been providing temporary employment personnel to city,county and state government agencies throughout the State of Florida since its founding in 1974. We welcome the opportunity to provide these services for this term contract. Establishing and maintaining long-term relationships is our top priority at Academy Design. Academy Design&Technical Services is a very stable company; we have been at the same location since 1978. Our overall Dunn&Bradstreet rating is a 91 out of a possible 100. In 2006 we received a certificate of excellence award from Dunn& Bradstreet for our stability and customer service excellence. We have also received numerous customer service achievement awards over the years from our government agency clients for our hard work servicing their needs. (Please see attached documents) Our financial history is rock solid; we have been banking with Sun Trust Bank for over 25 years now in the State of Florida.Academy Design nor its owner has never filed for personal or corporate bankruptcy with Academy Design&Technical Services, Inc. or any other corporation. Academy Design is and always has been fully bondable. In addition,Academy Design has the financial strength&resources necessary to meet all the needs of this proposed term contract. The Better Business Bureau has never received a complaint against us in over 34 years of service throughout the State of Florida. Academy Design provides our government agency clients with a wide range of services &temporary personnel including clerical and general office personnel, general laborers, sanitation workers, maintenance workers, semi& skilled tradesmen,Project Management personnel, street&road construction workers,firefighters as well as warehouse and customer service workers etc. We also provide payroll service for our clients as well as payroll leasing services if needed to our government agency clients. Sincerel -4"-<____- Thomas Sholar/President Academy Design&Technical Services, Inc. Appendixes ALTS Past, Present and Future Minimum Requirements and Approach to this Term Contract i • 80Th /..41.4.Thia;14 8:1 giZelktil4CA • 1303 NORTH STATE ROAD 7 MARGATE.FLORIDA 33063-2887 i PHONE:19541973-7600 FAX:f9541973-4890 12/08/2014 The City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Description of Academy Design's Past, Present&Future Minimum Requirements& Approach to this Administrative/Industrial Sanitation Temporary Professional Services Term Contract. Celebrating over thirty four years of temporary staffing services,Academy Design and Technical Services,Inc. (ADTS)has been providing temporary employment personnel to city, county and state government agencies throughout the South Florida area since its founding in 1974. Establishing and maintaining long-term relationships is our top priority at ADTS. ADTS is a very stable company; we have been at the same location(State Road 7.& Y ( Coconut Creek Parkway in Margate, Florida) since 1978.Our overall Dunn& Bradstreet rating is a 91; in 2006 we received a certificate of excellence award from Dunn& Bradstreet for our stability and customer service excellence. Our financial history is solid with Sun Trust Bank located on Wiles Road in Coral Springs, Florida. Academy Design has unlimited financial funds available to meet the financial requirements of this particular term contract. In addition,The Better Business Bureau has never received a complaint against us in over 34 years of service throughout The State of Florida. Academy Design provides our clients with a wide range of services including temporary &contract staffing personnel in the clerical,administration, light industrial, sanitation, customer service,parks&recreation workers,and computer support areas of the staffing industry. We currently have on staff at Academy Design&Technical Services, Inc. staffing recruiters and account managers with over 20 years' experience in the staffing industry who work hard supporting our clients staffing needs. As some of you may know,Academy Design received a phone call back on 2/10/2013 from Alberto Zamora who heads up the Sanitation Department for The City of Miami Beach. He asked me if Academy Design could take over approximently 60 temporary employees for his department because AIA Staffing could no longer continue to have them on their payroll. I said yes we possibly could, so myself and Barbara Barrett met Alberto,Rhonda McPherson and Tamika Clear in his office the next day. We talked from 10:30am until 10:50 am and I decided that we would help The City of Miami Beach with their staffing needs. We proceeded to sign up all of the temporary employees in the next 3 hours and they were then officially on our payroll&there have been no problems since that day! While we were signing up these temporary employee's I received a phone call from Martha Torres who at the time was working in the Public Works Department&she asked me if we could help her out and sign up&take on approximently 8 to 9 temporary employees who were working in her department. My response was yes Academy Design will take these temporary employees and put them on our payroll for you, so we signed all of these employees up over the next 24 to 48 hours for the Public Works Department. Academy Design is all about helping our government agency clients any way we can. We always go over and above what is expected of us no matter what it is to make sure all of our clients staffing needs are met. We feel that it is our duty to always help our clients when they have needs or any problems. We treat all of our term contracts with us being partners with our clients. Academy Design has already hired a Florida based insurance company to handle the ACA act about to kick in on 1/1/2015 for all of our temporary employee's. With this A one insurance company working with us as our partner we know that all of our temporary employee's will be taken care of and have access to good health insurance including their families. We have a complete administration department with all the latest resources to handle all the billing and invoicing issues. We believe that our honesty, integrity and experience are important components of an overall program to ensure the ongoing success of our clients. Our range of staffing services include 10 panel drug screening, (FDLE)background investigations of all temporary employees,pre-employment screening of all perspective employees,extensive reference checking,providing our clients with employee leasing services,providing payroll services for our clients,permanent placement recruiting,pre- arranged personnel reports customized to our clients specific needs and total project management as needed for our clients. We make sure we know what reports and how often our clients need them before we ever start the term contract so that we will have them ready for our clients when they are due! Our state of the art sophisticated software allows us to print out literally any and all reports that our clients need whenever they need them. ADTS has the latest recruiting tools and resources available to ensure quick responses to our clients staffing needs; we currently have over 100,000 local South Florida resumes of perspective employees in our database retrieval system. Academy Design has a long list of temporary employees who live in the Miami Beach&General Miami area who are currently ready to step in and start working for The City of Miami Beach ASAP. Our local facility is a two story complex owned and operated by Academy Design& Technical Services, Inc. which is located at 1303 North State Road 7 in Margate,Florida. ADTS has the resources and experience to support our clients in a wide variety of staffing needs. Our dedicated staff has many years of hands on experience providing temporary personnel. Our senior personnel have the education and are well trained with many having over 20 years' experience servicing clients in the South Florida area. Our response time on all staffing requirements is 12-24 hours depending on the actual need;our dedicated recruiters are always here Monday thru Friday from 7:30am till 6:00pm with 2 account managers available on the weekends to assist our clients with any needs or issues that may arise. Academy Design can provide The City of Miami Beach with all of the workers listed in the RFP under the workers compensation codes listed and also many more which are not listed. After being in the staffing industry for over 34 years we have built up our database and recruiting resources to be able to staff all of our clients' needs very quickly with qualified temporary employees. Academy Design knows how important it is to comply with the living wage requirements associated with this term contract,we know that as of 1/1/2015 the new living wage pay will be$13.31 per hour to the temporary employee's& $11.62 an hour with health benefits of$1.69 an hour provided to the temporary employee's. Our designated Program Manager for this term contract,Ms. Roseann Ambrico will work closely with The City of Miami Beach Representatives to ensure complete satisfaction as well as attend as needed status meetings to discuss current&upcoming staffing needs. Ms. Ambrico will also provide The City of Miami Beach with weekly,monthly,quarterly and annual status as well as employee usage &progress reports regarding the temporary personnel. She will be available 7 days a week to The City of Miami Beach to address any needs,concerns or issues regarding this term contract. Ms. Ambrico's phone numbers are 954-973-7600/Work, 754-422-0226/Cell &her email address is roseann @adts.org. Academy Design based on volume and conversations with procurement can and will be in a good position to offer incentive discounts to The City of Miami Beach to ensure the city stays within their budget for temporary employee's at all times. We know that with these discounts The City of Miami Beach will have plenty of money at all times to make sure of their ongoing success throughout the term of this contract. We place customer service and providing value to our clients as a high priority, as a result we have excellent client references. Academy Design provides cost savings to our clients as well as continually going over and above what is expected of us to ensure the ongoing success of our government agency clients. If the City of Miami Beach should have any temporary employees they would like to put on our payroll who are not on the list of titled workers in this bid,we can accommodate these needs and put them on our payroll in a matter of hours. ADTS understands the importance of providing quality temporary personnel,employee retention,effective management&providing customer service excellence; Academy Design has the resources,expertise and experience necessary to support the temporary Staffing needs of The City of Miami Beach. We look forward to working with The City of Miami Beach to ensure their continued success. We thank you for your consideration. Sincerely, 7L■i/ Thomas Sholar/President Academy Design&Technical Services, Inc. Academy Design Insurance Certificates Client#:40615 ACADDE CERTIFICATE ® A� ®A �+C DATE(MM/DDlYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 4/30/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bradley&Parker,Inc. PHONN,Eat):631 981-7600 FAX 16319817681 320 South Service Road E4AAIL Melville,NY 11747 ADDRESS: — INSURER(S)AFFORDING COVERAGE ; NAIC a1 631 981-7600 INSURER A;National Union Fire Ins.Co.of INSURED INSURER B:Granite State Ins Co Academy Design&Technical Serivces Inc 1303 N State Road 7 Ste B-3 INSURER C: INSURER 0 MARGATE,FL 33063 INSURER E: TT� INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY F_FF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER JMM/DDIYYYYL(MMIDDIYYYYL LIMITS A GENERAL UABIUTY NP037052632 05/01/2014 05/01/2015 EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABILITY E TQ RENTED REMISES Eaoccunence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X Prim/Non Contrib X X &Waiver W/CONT PERSONAL a ADV INJURY_$1,000,000 X Professional X X Included GENERAL AGGREGATE $3,000,000 GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 POLICY PRO- -i-1( LOC -4- B AUTOMOBILE LIABILTTY 02CA0166920061 05/01/2014 05/01/2015 fa COMBcddentINED $1,000,000 SINGLE LIMIT a ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED • BODILY INJURY(Per accident) $ X HIRED AUTOS X NWNED PROPERTY DAMAGE AUTOS O (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ EXCESS UAB , CLAIMS-MADE AGGREGATE $ DED I RETENTION$ ^$ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY Y!N - TORY OMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? �I N/A E.L EACH ACCIDENT $ __ (Mandatory In NH) E.L DISEASE-EA EMPLOYEE' If yes,describe under I 1 ——-- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMITJ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Drive ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3351091M335061 FDP (EFFECTIVE 04/23/2012,APPLIES ONLY TO THOSE EMPI nYFFS CIF en4r'n.,,I=neer,Tn AC°r CERTIFICATE OF LIABILITY INSURANCE I °ArE�Aw°°,YYYY' 4/29/Z014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME;ur q�� Eat): 1-800-277-1620 x4800 [WC,„M: 727.797.0704 FRANKCRUM INSURANCE AGENCY,INC. ADOREaeI 100 S.MISSOURI AVE. INSURER(S)AFFORDING COVERAGE NAICB CLEARWATER FL 33756 INSURER A: FRANK WINSTON CRUM INSURANCE CO. 11600 INSURED INSURER B; INSURER C: FrankCrum 1-800-277-1620 INSURER 0: 100 S MISSOURI AVENUE INSURER Er CLEARWATER FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 245727 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYPE OF INSURANCE ADOL SUBR POLICY EFF POLICY EYP LTR IN9R WVD POLICY NUMBER (MIND° LIMITS /YYYY) (MM1OOiYYYY) OENERALUASIUTY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABIUTY PREMISES(En eminence) $ ,CLAIMS-MADE ,OCCUR MED DIP(Any one Person) $ PERSONAL a ADV INJURY ,GENERAL AGGREGATE $ GEN.AGGREGATE LIMIT APPLIES PER: [POIJGT [PROJECT[LOC PRODUCTS-COMP/OP AGO $ $ COMBINED SINGLE LIMIT AUTOMOBILE UABIUTY ,(Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL AUTOS —SCHEDULED AUTOS BODILY INJURY(Per aeddenq — — NON-OWNED PROPERTY DAMAGE �HIREID AUTOS AUTOS (Per aoadent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I RETENTION i $ A WORKERS COMPENSATION AND WC201400000 1/1/2014 1/1/2015 WCSTATU- OTH- X TORY LIMITS ER EMPLOYERS'UABIUTY ANY PROPRIETORPARTNERJEXECUTNE E.L.EACH ACGDENT $1,000,000 OFFICERMEMBER EXCLUDED'? N/A (Mandatory In NH) If yes,decaie undo E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY OMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Romania Schedule,B morn spew is required) EFFECTIVE 04/23/2012,APPLIES ONLY TO THOSE EMPLOYEES OF FrankCrum LEASED TO ACADEMY DESIGN&TECHNICAL SERVICES,INC.AND IN HOUSE STAFF OF ACADEMY DESIGN&TECHNICAL SERVICES,INC. FOR WHICH THEY ARE REPORTING HOURS.COVERAGE IS NOT PROVIDED FOR STATUTORY EMPLOYEES OF THE CLIENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE AUTHORIZED REPRESENTATIVE MIAMI BEACH,FL 33139 I ®1988-2010 ACORD CORPORATION. AU rights reserved. ACORD 25(2010(05) The ACORD name and logo are registered marks of ACORD • • Aca;' emy Design Drug Policy ROTS: 4CADEMY ry9ESI N AND TECHNICAL STAFFING,INC. 1303 NORTH STATE ROAD 71 MARGATE.FLORIDA 33063-2887 PHONE:(9541973-7600 FAX:(9541973-4890 AN OPEN LETTER TO THE EMPLOYEES OF ACADEMY DESIGN AND TECHNICAL SERVICES, INC. We have come to recognize that substance abuse is a problem on the job for all of us, as well as a social problem. We believe abuse of alcohol and use of illegal drugs endangers the health and safety of the abusers and all other around them. We have committed Academy Design and Technical Services, Inc. (ADTS) to creating and maintaining a drug free workplace without jeopardizing valued but troubled employees'job and security, providing they are prepared to help us help them. Our policy now formally states that substance abuse will not be tolerated during working hours on the premises of Academy Design or its Client Companies, including the parking lots. This prohibition includes the possession, use,or sale of illegal drugs or alcohol. Employees who are found to be under the influence of illegal drugs or alcohol or who violate this policy in other ways are subject to disciplinary action which may include termination. Because of the serious nature of these violations, each individual case will be thoroughly investigated to determine the appropriate course of action. It is gratifying to see that the majority of you approach your lives and employment very responsibly. We support your continued professional demeanor. We are confident that you understand the need to protect the workplace as an environment that is secure and healthy for everyone. Sincerely, Thomas Shofar President • DRUG FREE WORK FORCE PROGRAM AND SUPPORTING POLICIES STATEMENT OF POLICY Academy Design and Technical Services, Inc., acknowledges the problem of substance abuse (including alcohol) in our society. Furthermore,we see substance abuse as a serious threat to our(staff,customers, and shareholders). We are addressing this problem by introducing a substance abuse policy to ensure the company will have a drug- free work force. Drug and alcohol addiction is a complex, yet treatable disease. Our substance abuse program is targeted at alleviating the problem at all levels. Our pledge to eradicate substance abuse in the work place reflects our firm belief that by building this commitment in the company, we will be strengthening our community. While Academy Design understands employees and applicants under a physician's care are required to use prescription drugs,abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe productive drug-free environment. Our intention is to prevent substance abuse and to help and encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. With these basic objectives in mind, the company has established the following policy, with regard to use, possession or sale of alcohol and drugs. 1. PRE-EMPLOYMENT DRUG TESTING POLICY As a condition of employment,all applicants at this company must agree to and sign a statement indicating that they will adhere to the Academy Design and Technical Services, Inc.,drug free work force program. Certain job applicants at this company will undergo screening for the presence of illegal drugs or alcohol as a condition for employment. These Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the company, and by signing a consent agreement that will release the company from liability. The company will not discriminate against applicants for employment because of past abuse of drugs or alcohol. It is the current abuse of drugs or alcohol which prevents employees from properly performing their jobs that the company will not tolerate. 2. ACTIVE EMPLOYEE SUBSTANCE ABUSE TESTING POLICY Employees may be required to submit to drug and/or alcohol testing at a laboratory chosen by the company if there is a cause for reasonable suspicion of substance abuse. Circumstances that could be indicators of a substance abuse problem and considered reasonable suspicion are: 1. Observed alcohol or drug abuse during work hours on company or client company premises. 2.Apparent physical state of impairment. 3. Incoherent mental state. 4. Marked changes in personal behavior that are otherwise unexplainable. 5. Deteriorating work performance that is not attributable to other factors. 6. Accidents or other actions that provide reasonable cause to believe that employee may be under the influence. 3. DEFINITIONS • A. "Legal Drug", includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured. B. "Illegal Drug" any drug (a) which is not legally obtainable: (b) which may be legally obtainable but not been legally obtained: or(c)which is being used in a manner or for a purpose other than as prescribed. 4. POLICY AND WORK RULE The company policy is to employ a work force free from use of illegal drugs and abuse of alcohol, either on or off the job. Any employee determined to be in violation of this policy is subject to disciplinary action,which may include termination, even for the first offense. It is a Standard of Conduct of employees of the Company, that employees shall not use illegal drugs or abuse alcohol. In order to maintain this Standard, the Company shall establish and maintain the programs and rules set forth below. 5. PRE-EMPLOYMENT DRUG ABUSE SCREENING The company will conduct pre-employment screening examinations when required for certain assignments designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs indicate a potential for impaired or unsafe job performance(see"Pre-employment Drug Testing Policy"). 6. DRUG AND ALCOHOL ABUSE SCREENING FOR EMPLOYED PERSONNEL The company will maintain screening practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It shall be a condition of continued employment for all employees to submit to drug screen: 1. when there is a reasonable suspicion to believe that an employee is using or has used illegal drugs or abusing or has abused alcohol: 2. when there is any mishap or accident involving the employee in which injury to persons or damage to property has occurred. 3. upon return from extended absence for substance abuse rehabilitation. 7. EMPLOYEE REFERRAL PROGRAM The company maintains an Employee Referral Program (ERP) which provides referral assistance to employees who suffer from alcohol or drug abuse. However, it is the responsibility of each employee to seek assistance form the Employee Referral Program before alcohol and drug problems lead to disciplinary actions. Once a voluntary basis will not necessarily lessen disciplinary action and may, in fact,have no bearing on the determination of appropriate disciplinary action. Using the ERP. Accordingly, the purposed and practices of this policy and the ERP are not in conflict but are distinctly separate in their applications. Through the Employee Referral Program, the company will provide employee. Upon successful completion of the agreed upon appropriate treatment, the employee can again be considered for assignments of employment. 8. GROUNDS FOR TERMINATION OR DISCIPLINE A. Illegal Drug Use An employee bringing onto the company's or client's premises or property, including parking lots, having possession of, being under the influence or, possessing in the employee's body, blood or urine in any detectable amount, or using, consuming, form of illegal drug as defined above while on company or client business or at any time during the hours between the beginning and ending of the employee's work day, whether on-duty or not, and whether on company or client business, property or not, is guilty of misconduct and is subject to discipline including discharge or suspension without pay from employment, even for the first offense. Failure to submit to required medical or physical examinations or tests is misconduct and is grounds for discharge or suspension without pay from employment. B. ALCOHOL ABUSE An employee who is under the influence of alcoholic beverages at any time while on company or client business or at any time during the hours between the beginning and ending of the employee's work day, whether on duty or not shall be guilty of misconduct and is subject to discipline including discharge or suspension without pay from employment,even for the first offense. An employee shall be determined to be under the influence of alcohol if: 1.the employee's normal facilities are impaired due to consumption of alcohol,or , P P 2.the employee has a blood alcohol level of.05 or higher. Failure to submit to required medical or physical examinations or tests is misconduct and is grounds for discharge or suspension without pay form employment. Academy Design EEO Policy 1iiI.. ROTS. ;ACAD AY_DESIGN AND TECHNICAL STAFFING I-NC. ^,:_ ' 1303 NORTH STATE ROAD 71'MARGATE.FLORIDA 33063-28871 PHONE:19541973.7600 FAX:19541973.4890 REAFFIRMATION OF EEO POLICY STATEMENT AND AFFIRMATIVE ACTION COMMITMENT It is the policy of Academy Design to recruit and employ personnel in all job classifications and at all levels without regard to race, color, age, religion, sex and national origin, physically disabled or Vietnam Era Veteran. This policy extends also to promotions and training of all employees. We are in compliance with Equal Opportunity Employment...Title VII Civil Rights Act, The Equal Pay Act of 1963,The Age Discrimination in Employment Act of 1967,Vietnam Veterans Readjustment Act of 1974, Rehabilitation Act of 1973, Executive Orders 1 1246 & 1 1375, and the Immigration Control and Reform Act of 1986. The Company will provide equal opportunity for employment consistent with valid requirement for a given position of classification. Promotional opportunities will be provided to all employees on an equal basis by imposing only valid job requirements for promotional opportunities. We believe that people are interested in progressing and improving their skills in order to contribute to the growth of this country. We encourage employees to participate in self-improvement programs, education, social and community programs. We will, conditions permitting, offer on-the-job training programs and company sponsored training programs to all employees. Each manager is accountable for our plans continued development. Reporting will continue to be monitored through our headquarters. Thomas Sholar President Academy Design Additional Temporary Personnel We Can Provide ADTS Additional Temporary Personnel We Can Provide Hourly Pay Hourly Bill Occupation Rate Rate A/C Mechanics 19.75 24.35 Accountants and Auditors 17.50 21.32 Adlt Lit/Remedial Ed/Ged Teach&Instrct 14.31 17.42 Appraisers and Assessors of Real Estate 26.00 31.66 Arbitrators and Mediators 21.00 25.57 Biological Technicians 18.75 23.11 Bookkeeping, Accounting&Auditing Clerk 13.31 16.22 Business Operation Specialist,All Other 21.00 25.58 Carpenters I, 17.00 20.96 Cashiers 1 13.31 16.22 Claims Adjuster Examiner&Investigator 21.00 25.57 Clerk I 13.31 16.22 Clerk II 13.31 16.22 Clerk III • 14.00 17.05 Clerk Typist 13.31 16.22 Coat/Paint/Spray Mach Setter/Opr/Tender 14.79 18.23 Community/Social Service Spec/All Other 17.00 20.70 - ------------- - ... _..-- --- ------------.._...-- Comp, Benefit&Job Analysis Spec 18.90 23.03 Compliance Officers 18.00 22.19 Construction and Building Inspectors 21.50 26.50 Counselors,All Other 20.50 24.96 Customer Service Reps/Communication Operator 13.31 16.22___ Customer Service Reps/Complaint Operator 13.50 16.44 Data Entry Clerks 13.31 16.22 Education/Train/Library Worker/All Other 13.31 16.22 Electric/Electron Repr/Comr Indust Equip 17.43 21.49 Electrical Inspectors 18.75 23.11 Electricians 17.00 20.97 Excutive Secretaries 15.50 18.88 File Clerks 13.31 16.22 Financial Analysts 23.00 28.01 Financial Specialist 25.00 30.45 Fire Fighters 23.00 28.36 First-Lin Supv/Mgr Housekeep/Janitor Wkr 13.31 16.42 First-Lin Supv/Mgr of Mechan/Instal/Repr 22.50 27.74 First-Line Supv/Mgr of Off/Admin Sup Wkr 14.50 17.66 Food Preparation Workers 13.31 16.22 Forensic Science Technicians 22.00 27.13 Garbage/Trash Collectors 13.31 16.42 General Laborers 13.31 _ 16.42 Health Educators 21.75 26.49 Human Resour/Train/Labr Relat Spec, Othr 21.00 25.57 Humn Resour Ast/Excpt Payroll/Timekeeping 14.30 17.41 ADTS Additional Temporary Personnel We Can Provide Hourly Pay Hourly Bill Occupation Rate Rate Hydrologists 32.75 40.38 Information and Record Clerks,All Other 13.31 16.22 Janitor/Clearner 13.31 16.42 Labor&Freight, Stock&Material Mvrs 13.31 16.42 Landscape Workers 13.31 16.42 Landscaping and Groundskeeping Workers 13.31 16.42 Law C lerks 17.75 ( 21.61 Lawn Maintenance Workers 13.31 i 16.42 Librarians 13.31 16.22 Library Technicians 13.31 16.22 Life/Physical/Social Sci Tech,All Other 23.48 28.59 Light Duty Auto Mechanic 17.00 i 20.96 Maintenance and Repair Workes, General 13.31 I 16.42 Management Analysts 22.00 I 26.79 Market Research Analysts 21.50 26.18 Masons 16.50 20.35 Media&Communication Workers,All Other 16.75 20.40 Mobile Heavy Equipment Mechanics 19.75 24.35 Office&Admin Support Worker, All Other 13.31 16.22 Office Clerks, General 13.31 16.22 Operating Tec&Other Const Equip Operat 19.64 24.21 Painter of Road Stripes 14.00 17.26 Painters 18.00 22.20 Paralegals and Legal Assistants 17.50 21.32 Personal Technician I 13.31 16.42 Pest Control Workers 13.31 16.42 Pipelayers 20.45 25.21 Plumbers 19.00 23.43 Procurment Specialist 18.00 21.92 Programmers 25.00 30.45 Protective Service Workers-Non Sworn 21.50 26.50 Public Relations Specialists 17.50 21.31 Receptionists and Information Clerks 16.22 Rehabilitation Councelors 21.75 26.50 Sanitation/Service Workers 13.31 16.42 Secretaries 14.25 17.35 Security Guards 13.31 16.42 Service Workers 13.31 16.42 Sign Manufacturing Workers 13.31 16.42 Special Education Teach, Secondary Sch 18.58 22.63 Street Cleaning Workers 13.31 16.42 Teachers and Instructors 23.50 28.62 Training and Development Specialists 19.75 24.05 ADTS Additional Temporary Personnel We Can Provide Hourly Pay ' Hourly Bill Occupation Rate Rate Transportation Assistant I 13.31 16.42 Transportation Assistant II 13.50 16.65 Vocational Educat Teach, Postsecondary 19.48 . 23.72 Warehouse Workers 13.31 16.42 Water Works Workers 13.31 16.42 1 Welders,Cutters, Solderers and Braziers 17.95 22.13 Word Processors and Typists 13.31 16.22 Substantial Compliance Authorization Form MIAMIBEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This City's form, and supporting documentation, must be submrtted to the City s Procurement Management Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply.Attach additional sheets as necessary. A. Open Enrollment • Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City • Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits.This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: N614_12256 ; 723 /7";*likAy AV,/, 777-eilkei ,fe=4,1,/e, Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: • B.Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: i/O/AP,//e'Xik If requesting extension beyond three months, please explain basis: • C. Collective Bargainina Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1.The provision of benefits is governed by one or more collective bargaining agreement(s); 2.The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City • Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three(3)months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form • that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2,above);and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. O/ 1/21rc,¢,1k, Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits • Submit this form and supporting documentation to the City's Procurement Management Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits;and B.Are unable to do so;and C. intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2.The dates on which such benefits providers were contacted; • 3. Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable,summaries of oral responses;and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. 1 declare(or certify)under penalty of perjury under the laws of the State of Florida that • the foregoing is true and correct,and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date • Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits.A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor;and • (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner(or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. Ii Received Addendum > �•I■�l. ..tea. City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachH.gov PROCUREMENT DEPARTMENT Tel:305-673-7490.Fox:786-394-4075. ADDENDUM NO. 1 INVITATION TO BID(ITB)NO. 2015-052-WG TEMPORARY STAFFING SERVICES DECEMBER 1, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers,or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only, I. REVISION: Appendix E- Proposal Tender Form has been revised and attached. Proposers are required to submit with the bid the amended Appendix E-Proposal Tender Form in order to be deemed responsive. II. REVISION: Appendix D, Paragraph 1, revise as follows: TERM OF CONTRACT: The contract(s)entered into with the successful proposer(s)will have an initial term of three(3)years. • III. REVISION: ' Appendix D, Paragraph 2, revise as follows: RENEWAL TERM:The City at its sole discretion may renew its contract for two(2)additional one(1)year terms. The markup proposed by successful vendor(s)shall remain fixed for a period of one (1) year. After this initial fixed term period, the City may consider requests for markup adjustment in the event of unforeseen governmental mandates(e.g.,taxes, healthcare mandates, etc.)imposed upon the contractor with the exclusion of the Living Wage. Requests for adjustment to markup shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved, the Procurement Department will formalize the adjustment by formal contract modification. - I It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor,and/or terminate the contract with the vendor based upon such price adjustments. IV. REVISION: Revise Appendix C, Paragraph C1 Minimum Requirements to read as follows: "The bidder shall provide a Dun and Bradstreet(D&B)report indicating a Supplier Risk Score rating of not higher than 4. ITB 2015-052-WG • Addendum No. 1 V. RESPONSES TO QUESTIONS RECEIVED: Q1) Who are the current vendors and their current mark-up for the following: a.Administrative(Office)Type temporary Professional Services? b.Industrial Type Temporary Professional Services? Al) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q2) How can prospective bidders obtain a copy of the Bid Tabulation, that will show the mark-up for each responder,for the last time this RFP was let for response? A2) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design & Technical Services Inc., and Creative Staffing. Our existing Temporary Services contracts are not awarded by percentage markup but rather by hourly billing rates. The hourly rates awarded through our present contract are attached see"Exhibit A". Q3) What is the estimated volume for the following: a.Administrative(Office)Type temporary Professional Services? b.industrial Type Temporary Professional Services? A3) The average number of Temporary Employees regularly acquired annually through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement . Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative(5 Each),Service Workers(71 Each) Q4) Will any of the Temporary Employees be asked to perform any of the following tasks: a. Driving any type of motor vehicle on public roads. b.Hydro blasting. c.Working on Roofs. d.Erecting Scaffolding e.Work covered by the USL&H. f.Work covered by the Jones Act. g.Demolition(heavy)other than light renovation work in a building. h.Work higher than six feet off the ground level or a working surface. I.Tunneling. J.Asbestos Abatement k.Mold Removal I.Work around hot chemical tanks doing clean-up of spilled materials. m.Tree trimming where it requires employees to climb into trees or use ladders to gain access to upper portions of the tree. n.Operating Heavy Equipment/Motorized Equipment. o.Work involving riding on or driving garbage trucks. A4) The Public Works Department occasionally requires Heavy Equipment Operators and Mechanics that will require Class B Driver License with air brake endorsements. No other categories above apply. Q5) How can prospective bidders obtain the position descriptions for the positions for this ITB? A5) Position descriptions shall not be provided as part of this Invitation to Bid. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. 2yPagc ITB 2015-052-WG Addendum No. 1 Q6) Are prospective bidders correct in assuming that responders will be submitting "Appendix A"only and the City will prescribe the"Pay Rate"for each position? A6) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph Cl Minimum Requirements. Q7) What information is to be submitted other than "Appendix A"? A7) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph Cl Minimum Requirements. . i Q8) Item 10 of Appendix A: As a prospective bidder, benefits are not offered to Temporary Employees/ Hourly Employees, but are offered only to Salaried Employees. However Benefits are not offered to Domestic Partners. Will this disqualify prospective bidders from this Invitation To Bid? A8) Please refer to the Equal Benefits for Employees with Spouses and Employees with Domestic Partners, Ordinance # 2005-3494, Section 2.373, which may be reviewed through following link. Attached also please find the applicable City of Miami Beach Reasonable Measures Application and the City of Miami Beach Substantial Compliance Authorization Form referred to in the ordinance. https://www.municode.com/library/fl/miami beach/codes/code of ordinances?nodeld=SPAGE OR CH2AD ARTV1PR DIV3COPR S2-373RECOPREQBEDOPA Q9) Item 9,C3 Specifications: Can the City be please be more specific as to the time period that prospective bidders are to guarantee our temporaries? The standard in the industry is from 4-8 hours. A9) Should the City require the successful contractor to replace an individual on temporary assignment whose quality of service is unsatisfactory;the City shall only pay for service hours rendered. Q10) In regards to the light industrial codes; some of the specified codes are much higher risk than others. A few are classified as an unacceptable risk to carriers. Can prospective bidders specify the light industrial codes that they can bid on? A10) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q11) Also on the City's cost proposal page, can prospective bidders consider #1 "Administration (office) type Temporary Professional Services" as any of the 8800 workers compensation codes? Al1) No. Bidders must bid on the Administrative (Office) Type Temporary Professional Services and/or Industrial Type Temporary Professional Services. See revised Proposal Tender Form. Q12) There is an error on the page that lists the Workers' Compensation Codes,. The 1st. Class Code you show is"106"and all Class Codes are four digit. Al2) The correct Workers Compensation Code for that category is 0106. 1213) What are the job titles/job descriptions related to the roles included in the ITB? A13) Position descriptions shall not be provided as part of this Invitation to Bid as various job descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. Wage- ITB 2015-052-WG Addendum No.1 014) What was the spend or number of contractors used by the City for the last 12 months by job category? A14) The average number of Temporary Employees regularly acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1 Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each), Service Workers (71 Each). The Clerk II, Clerk III, Secretary, Procurement Specialist, Customer Service Representative, and Book Keeper were contracted through Creative Staffing, the Service Workers were contracted through Academy Design & Technical Services Inc., and the Painters were provided by Union Temporary Services. However,others are needed from time to time. Q15) Will the City provide the rate card(mark up,pay rate,bill rate)for the current contract? A15) Refer to"Exhibit A"attached. Q16) Is the City willing to negotiate on any of the terms and conditions included In the ITB package,such as indemnification or insurance? A16) Refer to Section 0200 instructions To Bidders,Clause 42, Exceptions To Bid. Q17) Is this a normal bidding cycle for temp labor or are there current service issues that have caused the City to issue this ITB? A17) This is a normal bidding cycle,service issues have not caused the City to solicit new bids. Q18) How many vendors is the City looking to award as a result of this ITB? Will the lowest priced vendor have first right to fill? A18) Please refer to Section 0200, Paragraph 14,entitled Method of Award. Q19) The ITB states a preference for veteran-owned businesses. Is the City's current vendor veteran-owned? A19) No, none of the incumbent vendors were Veteran-owned business's at the time originally awarded. Q20) How much is the budget for this ITB? A20) The City's estimated budget based on historical usage is$2,538,598.58 annually. Q21) Who is the incumbent? A21) This City's incumbent vendors for temporary services are Union Temporary Services Inc., Academy Design&Technical Services Inc.,and Creative Staffing. 022) How much is the contract value for incumbent? A22) During the previous fiscal year, Union Temporary Services Inc., was issued purchase orders totaling $278,139.60, Academy Design & Technical Services Inc., was issued purchase orders totaling$1,634,099.22 and Creative Staffing$626,359.76. Q23) Will temporary staff assigned the City be entitled to paid personal time off, paid holidays,or overtime pay? A23) Temporary Staff assigned to the City will not be entitled to paid personal time off or paid holidays. Overtime will be paid at the rate of 1.5 of the hourty rate, and is subject to pre- authorization by the City. (Example$14.00 hour regular time=$21.00 per hour overtime.) Q24) In what format shall prospective bidders provide evidence of the following: Bidder shall maintain an office within the geographical boundaries of Miami Dade, Broward, Palm Beach or Monroe Counties? A24) A valid Business Tax Receipt or its equivalent, with the applicable address shall be submitted. 41Page ITB 2015-052-WG Addendum No. 1 Q25) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has had a contract terminated by the City for Default? A25) Proposer shall submit history of contracts terminated against proposing firm or principal within the past ten (10) years. If no contract termination history exists provide a statement to that effect. Q26) In what format shall prospective bidders provide evidence of the following: Firm or Principal shall not have, or have been principal to any firm that has been party to a corporate bankruptcy within the last ten(10)years? A26) Proposer shall submit history of any bankruptcy filed by proposing firm or principal within the past ten(10)years. If no bankruptcy history exists,provide a statement to that effect Q27) How can prospective bidders obtain the Labor Categories & position descriptions for this ITB Temporary Administrative and industrial Staffing Services? A27) Refer to the "Revised Proposal Tender Form"attached for Labor Categories. In an effort to more concisely describe the City department's needs and acquire the most qualified temporary employee for the position,job descriptions will be determined and provided to the successful bidder at the time of the need. Job descriptions may vary from project to project depending on the user agency's needs. Q28) Do prospective bidders need to submit only Appendix "A" - Proposal Certification, Questionnaire&Requirements Affidavit? A28) Please refer to Section 0300 entitled Proposal Submittal Instructions and Format, as well as Appendix C, Paragraph C1 Minimum Requirements. See "Revised Proposal Tender Form" attached. Q29) If prospective bidders need to Submit Cost Proposal Form (Appendix E), It is Not Available in the Page number 33 of Solicitation document provided in Public Purchase. A29) The information can be found on page 34 of the Invitation to Bid document available in Publicpurchase.com. That page is revised by way of this addendum. Refer to "Revised Proposal Tender Form'attached., Q30) Re: Page number 34 of Solicitation, Appendix A- Proposal Tender Form Highlights to Submit Section 5, Bid Price Form.But it is Not Available In the Solicitation document. A30) See"Revised Proposal Tender Form"attached. Q31) Is the Teaming allowed with "veteran business enterprises". if yes, What will be the volume of work to be performed by Prime&Sub contractor? A31) The Veteran's Enterprise Preference only applies to the Prime contractor. Q32) Section 0200, Paragraph 16 (PG 6)of the entitled "Volume of Work to be Received by Contractor,"is not clear. A32) The intent of this clause is to specify that this is a non-exclusive contract. Q33) What was the total spend for 2014 and 2013? A33) The total fiscal year spend for 2014 was $2,538,598.58, the total for FY 2013 was $2,539,328.18 Q34) How many employees were hired for 2014 and 2013? A34) The estimated number of Temporary Employees regularly acquired annually through the above mentioned contracts historically have been 95-100. 5IPage ITB 2015-052-WG Addendum No. 1 Q35) What is the percentage breakdown for the various positions in 2014 and 2013? A35) The average number of Temporary Employees acquired through the above mentioned contracts are as follows: Clerk III (7 Each), Clerk II (5 Each), Procurement Specialist (1Each), Book Keeper ( 4 Each), Secretary (2 Each), Customer Service Representative (5 Each),Service Workers(71 Each) Q36) Did any of the temporary employees work over 1560 hours in 2013? Have any worked over 1400 hours in 2014? if so,how many? A36) The vast majority of temporary workers engaged through the current temporary services contracts work full time schedules(40 hours 1 week=approximately 2080 hours/year). Q37) How does the City of Miami Beach pay employees for jury duty while on assignment? A37) The City will not be responsible for pay of temporary staff while on jury duty assignment. It will be the successful bidder's responsibility to provide replacement staff for those temporary employees assigned jury duty. Q38) What is the interest or penalty on invoices not paid according to contract terms? A38) The City's Payment terms are net 30 days. Refer to Florida State Statute 218.73 "Timely Payment for Non-construction Services". Q39) Does the City of Miami Beach have detailed job descriptions for each position? A39) Position descriptions shall not be provided as part of this Invitation to Bid as various jab descriptions may be applicable to a single Workers Compensation Code. Vendors are to provide percentage markup based on the specified Workers Compensation Codes for the Administrative Office Type Temporary Professional Services and Industrial Temporary Professional Services classifications. Q40) How do we indicate that we agree that the markup percent is inclusive of all KNOWN components when rates are submitted? A40) Percentage markup offered is to include all expenses and overhead. Failure to honor proposed percentage markup rates may be cause for default. Q41) How do we indicate that we request a review of those mark ups should the government implement an unforeseeable mandatory change in staffing firms costs? (Some temporary skill codes are taxed in some states currently; there have been several attempts to apply sales tax to temporary staffing in the past.) A41) The markup proposed by successful vendor(s) shall remain fixed for a period of three hundred sixty five(365)days.After this period, the vendor may submit a price adjustment to the City based on unforeseeable conditions. Requests for adjustment to markup shall be submitted to the City's Procurement Department for review. If the requested adjustment is approved the Procurement Department will formalize the adjustment by formal contract • modification. It shall be further understood that the City reserves the right to reject any adjustment submitted by the vendor, and/or terminate the contract with the vendor based upon such price adjustments. Any questions regarding this Addendum shall be submitted in writing to the Procurement Contact noted below: Contact: Telephone: Email: William Garviso 305-673-7000 ext. 6650 williamgarviso(cc�miamibeachfl.gov 6IPs,e ITB 2015-052-WG Addendum No. 1 Additionally, the City Clerk's is to be copied on all communications via email at: RafaelGranadoamiamibeachfl.cgov or via facsimile: 786-394-4188 Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. AI:Oro" oeni rn curem. t Director • • • 7IPage ATT CHMENTS D