HomeMy WebLinkAboutTri-State Employment Service, Inc Agreement
Je~G - l~t)~
1/1'/0& - {";1;:
\
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
TRI-STATE EMPLOYMENT SERVICE, INC.
FOR
TEMPORARY PERSONNEL SERVICES ON AN "AS NEEDED" BASIS,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 37-04/05
THIS AGREEMENT made and entered into this 11ft. day of ;[ /WVlIAIl"J 2006,
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as
City), a municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and TRI-STATE EMPLOYMENT SERVICE, INC.
(hereinafter referred to as Contractor), a New York corporation, whose address is 160
Broadway, 15th Floor, New York, New York 10038.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Contractor.
City Manager:
The Chief Administrative Officer of the City.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to
be an independent Contractor, and not an agent or employee of
the City.
Services:
All services, work and actions by the Contractor performed
pursuant to or undertaken under this Agreement, as described in
Section 2 and Exhibit "A" hereto.
Fee:
Amount paid to the Contractor to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention
Center Drive, Third Floor, Miami Beach, Florida 33139, telephone
number (305) 673-7000, Ext. 6435, and fax number (305) 673-
7023.
1
SECTION 2
SCOPE OF SERVICES
2.1 GENERAL
The City is entering into this Agreement for temporary personnel services, on an
"as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together
with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto,
attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the
Services). Temporary personnel are needed to cover for regular City employees who
are on vacation or leave of absence; to temporarily fill vacancies until they are
permanently filled; and to work on special projects.
2.2 MIAMI BEACH ONE-STOP CAREER CENTER
Contractor hereby agrees to utilize best efforts work with the Miami Beach One-
Stop Career Center to recruit potential employees.
2.3 SCREENING, INTERVIEWING, TESTING AND TRAINING
Contractor will be responsible for, and provide to the City, supporting
documentations for screening, interviewing, testing and training of temporary personnel,
to include:
- In depth interview that includes job preferences, experience, goals, interest, attitudes,
motivation and other work-related attributes.
- Job-related tests to include typing and communication skills.
- Background checks, to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds), all to be performed at the
same level of stringency the City uses for screening its own employees for hire.
- Verification that its employees are not convicted sex offenders.
- Training employees on the City's Service Excellence Program.
2.4 INDEPENDENT CONTRACTORS
For the purpose of this Agreement, Contractor acknowledges and agrees that any
and all temporary personnel assigned by Contractor to provide services to the City
pursuant to this Agreement shall be deemed to be independent contractors and agents
or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees. Further each personnel shall not be deemed entitled to
Florida Worker's Compensation benefits as an employee of the City, or accumulation
of sick or annual leave.
2
SECTION 3
COMPENSATION
3.1 FEE
Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", based on the temporary personnel services provided, as needed, by the
City. The hourly rates set forth in this Agreement shall remain fixed and firm for the
duration of the Agreement, subject to negotiation based on Consumer Price Index -
Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate
increases.
3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW
Contractor acknowledges that it shall be required to compliance with the City's
Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as
same may be amended from time to time. At the commencement of this Agreement,
pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be
required to pay all employees who provide services pursuant to this Agreement, a living
wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits
for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an
hour without health benefits. Contractor's failure to comply with this provision shall be
deemed a material breach under this Agreement, under which the City may, at its sole
option, immediately terminate the Agreement, and may further subject Contractor to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as may
be amended. The most recent copy of the City's Living Wage Ordinance is attached as
Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole
responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well
as any subsequent amendments thereto.
3.3 TEMPORARY TO PERMANENT
In the event that that the City, at its sole discretion, elects to employ a temporary
employee, no fee and or penalty of any kind (resulting from the change in status of the
temporary employee from temporary to permanent), shall be assessed by the
Contractor.
3.4 INVOICING
Contractor is required to furnish the following information on its invoices for
temporary personnel supplied to the City:
- Purchase Order number issued by the City's Procurement Division
- Department and location within the City of temporary services provided
- Full name of individual performing the service
- Job classification
- Number of hours worked, by date
3
All invoices are subject to verification, approval, and processing by the City department
requesting the temporary personnel.
3.3 METHOD OF PAYMENT
Payments shall be made for Services satisfactorily rendered within thirty (30)
days of the date of proper invoice. Contractor shall provide invoices in duplicate to the
manager or department head of the City department utilizing the temporary personnel
for which the invoices are for.
With a copy to:
City of Miami Beach
Accounts Payable Department
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable Services. In its
performance of the Services, the Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for an initial term of two (2) years
commencing on the last date of execution of the Agreement by the parties hereto. At its
sole discretion, the City may renew this Agreement upon the same terms and
conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30)
days written notice to Contractor (such notice to be provided prior to the end of the initial
term or a renewal term, as the case may be).
4.4 TIME OF COMPLETION
The Services to be rendered by the Contractor shall commence upon receipt of a
Purchase Order from the City, subsequent to the execution of the Agreement. The
Services shall be ongoing for the Term of the Agreement, on an as needed basis.
4
4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-contractors, or any other person or entity acting under Contractor's control,
including without limitation any and all temporary personnel assigned to the City
pursuant to this Agreement, in connection with the Contractor's performance of the
Services pursuant to this Agreement; and to that extent, the Contractor shall pay all
such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The parties agree that one percent (1 %) of the total compensation to the
Contractor for performance of the Services under this Agreement is the specific
consideration from the City to the Contractorfor the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its
violation of the particular terms of this Agreement and shall grant Contractor ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the
City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Contractor. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
5
to bring permissive counter claims against the City in any such action.
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND
OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR
PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO,
AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S
SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY
AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FORANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT
ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER,
THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR
SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS
REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment forthe benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Contractor
under the Agreement until the Contractor complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall
be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Contractor. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City.
6
4.8 AUDIT
Contractor shall keep such records and accounts and require any and all
subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall
be available at all reasonable times for examination and audit by the City and shall be
kept for a period if three(3) years after the completion of all work I Services to be
performed pursuant to this Agreement.
The City reserves the right to perform audit investigations of the
Contractor's payroll, and any other records, of employees assigned to the City. The
City's audit rights shall include, without limitation, ascertaining Contractor's compliance
with screening, interviewing, testing, and training requirements( pursuant to subsection
2.3) and the City's Living Wage Law. Contractor shall maintain any and all records
necessary to document compliance with the provisions of this Agreement, and shall
make available to the City, upon request; such records for audit and examination
relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
Contractor shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance which shall be maintained with
insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these
requirements must be approved by the City's Risk Management Department prior to
implementation of same):
1. Commercial General Liability: A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property
damage in the amount of a combined single limit of not less than $1,000,000
Coverage shall be provided on an occurrence basis. The City of Miami Beach
must be named as certificate holder and additional insured on policy.
2. Worker's Compensation: A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as
required per Florida Statutes.
Said policies of insurance shall be primary to and contributing with any
other insurance maintained by the Contractor or City, and shall name the City and the
officers, agents and employees of said organizations as additional insures under this
Agreement. Policies cannot be canceled without thirty (30) days prior written notice to
the City.
The Contractor shall file and maintain certificates of all insurance policies
with the City's Risk Management Department showing said policies to be in full force
7
and effect at all times during the term of the Agreement. No work shall be done by
Contractor during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers or carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by the
City's Risk Manager prior to commencement of any work or services under the
Agreement.
If any of the required insurance coverages contain aggregate limits, or
apply to other operations of the Contractor outside the Agreement, Contractor shall give
City prompt written notice of any incident, occurrence, claim settlement or judgment
against such insurance which may diminish the protection such insurance affords the
City. The Contractor shall further take immediate steps to restore such aggregate limits
or shall provide other insurance protection for such aggregate limits.
4.9.1 Failure to Procure Insurance
Contractor's failure to procure or maintain required insurance coverage
shall constitute a material breach of Agreement under which City may, at its sole option,
immediately terminate the Agreement.
4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of any and all sub-contractors, and any other person or entity acting
under the direction or control of the Contractor including with out limitation, any and
all temporary personnel provided in the City pursuant to the terms and conditions of
the Agreement. When the term "Contractor" is used in this Agreement, it shall be
deemed to include any sub-contractors and any other person or entity acting under
the direction or control of Contractor.
For the purpose of this Agreement, Contractor acknowledges and agrees
that any and all temporary personnel assigned by Contractor to provide services to
the City pursuant to this Agreement shall be deemed to be independent contractors
and not agents or employees of the City, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the City, or any rights generally
afforded Classified or Unclassified employees. Further, each personnel shall not be
deemed entitled to Florida Worker's Compensation benefits as an employee of the
City, or accumulation of sick or annual leave.
8
4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, physical handicap, or sexual orientation. The Contractor shall take affirmative
action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age, and
national origin, place of birth, marital status, disability, or sexual orientation.
4.13 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by
the City of Miami Beach Charter and Code, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
The Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly
are employed by the Contractor. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to
the City for public use.
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or
patent by or on behalf of the Contractor or its employees or sub-contractors, without
the prior written consent of the City.
4.15 NOTICES
All notices and communications in writing required or permitted
hereunder may be delivered personally to the representatives of the Contractor and
the City listed below or may be mailed by registered mail, postage prepaid (or
airmailed if addressed to an address outside of the city of dispatch).
9
Until changed by notice in writing, all such notices and communications
shall be addressed as follows:
TO CONTRACTOR:
Tri-State Employment Service, Inc.
Attn: Susan Kennedy
Contracts Manager
160 Broadway, 15th Floor
New York, New York 10038
(718) 982-1028
TO CITY:
City of Miami Beach
Attn: Mayra Buttacavoli
Director, Human Resources and Risk Management
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7520
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.16 LITIGATION JURISDICTIONNENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein, exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
BY ENTERING INTO THIS AGREEMENT, THE CONTRACTOR AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
4.17 ENTIRETY OF AGREEMENT
This Agreement and all exhibits hereto including without limitation,
Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto, and
Contractor's response to the RFP (the Proposal Documents), shall embody the entire
Agreement and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written with reference to the subject matter
hereof that are not merged herein and superceded hereby. Request for Proposals No.
37-04/05, together with all amendments thereto, and Contractor's Proposal in
response are hereby incorporated by reference into this Agreement, as Exhibit "A"
hereto; provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the Agreement shall prevail.
10
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter
into this Agreement with Contractor recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages
in an amount in excess of $1,000 for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City
by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the
City's liability as set forth in Section 768.28, Florida Statutes.
4.19 COMPLIANCE WITH APPLICABLE LAWS
The Contractor, its subcontractors, agents and employees, including with out
limitation, any and all temporary personnel assigned to the City pursuant to this
Agreement, shall comply with all applicable Federal, State, Miami-Dade County and
City Laws, and with all applicable rules and regulations promulgated by local, state and
national boards, bureau and agencies as they relate to the Agreement and lor the
provision of services hereto.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
Jl1ba P IM-~
City Clerk
Robert Parcher
'5 t;p "/.wd<Al\ f J ). 0 O/,
Date
FOR CONTRACTOR:
ATTEST:,
By:
, f7'\t?j V~
~?~ 11 J)d;eiH
Print Namet 7
Date ,';1~ ~
5&p-b141/uA BJ Uti 6
Date
TRI-STATE EMPLOYMENT SERVICE, INC.
1-0 kr 0>>1 e/c;
Print ~~
Date ' /
Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum No. 1
thereto, and Contractor's response to the Proposal.
Exhibit "B" - City of Miami Beach Living Wage Ordinance No. 2001-3301
and Ordinance No. 2003-3408. APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
12
:::= E-X H '6 \T f\.=
Miami Beach
*****
ANm8rIta CIIJ
, , I U'
CITY OF MIAMI BEACH
~
-
REQUEST FOR PROPOSALS (RFP) NO. 37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
www.mlamibeachfl.gov
P.mel.Leja@mlamlbeachfl.gov
PHONE: (305) 673-7490
FAX: (305) 673-7851
KYP NO. 37-04/05
DATE: 8/3/05
1
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
-
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No. 37-04/05
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on
August 31, 2005 until 3:00 p.m. for:
TEMPORARY PERSONNEL SERVICES
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSERUNOPENE~
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30
AM. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY
HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORIDA.
Attendance at the aforementioned pre-RFP submission meeting is NOT mandatory, but
strongly encouraged as a source of important information.
The City has contracted with BidNet as our electronic procurement service for
automatic notification of bid opportunities and document fulfillment. We encourage you
to participate in this bid notification system.
To.find out how you can receive automatic bid notifications or to obtain a copy of
this RFP. go to www.aovbids.com/scriDts/southflorida/Dublic/home1.asD or call
toll-free 1-800-677-1997 ext. 214.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail
or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention
Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail:
RFP NO. 37-04/05
DA TE: 8/3/05
2
CITY OF MIAMI BEACH
PamelaLeia@miamibeachfl.aov. All responses to questions/clarifications will be sent to
all prospective proposers in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CONE OF SILENCE, n IN ACCORDANCE WITH ORDINANCE
NO. 2002-3378. A COpy OF ALL WRITTEN COMMUNICA TION(S) REGARDING
THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-
3234.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES
WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING
WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A
LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO.
2003-3389.
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER
AS A LOBBYIST, AND AS OF MAY 18,2002, ACCORDING TO ORDINANCE NO.
2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE.
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www . miamibeachfl. gov/newcity/depts/purchase/bid intra. asp.
CITY OF MIAMI BEACH
..' ~.~..
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 37-04/05
DATE: 8/3/05
3
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
v..ww. miamibeachllgov
~
PROCUREMENT DIVISION
Telephone (3051673-7490
FacsImile (305) 673-7851
RFP No. 37-04105
I NOTICE TO PROSPECTIVE PROPOSERS
NO PROPOSAL
If not submitting a proposal at this time, please detach this sheet from the RFP
documents, complete the information requested, and return to the address listed
above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_ OTHER (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposal2[ this completed form, may
result in your company being removed from the City's bid list.
RFP NO. 37-04/05
DA TE: 8/3/05
4
CITY OF MIAMI BEACH
TABLE OF CONTENTS
SECTION PaQe(s)
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-14
III. PROPOSAL FORMAT 15
IV. EV ALUA TION CRITERIA 16-17
V. GENERAL PROVISIONS 18-19
VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY 21-29
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32
RFP NO. 37-04/05
DATE: 113105
5
CITY OF MIAMI BEACH
SECTION I . OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP. from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
The Mayor and City Commission at its July 27, 2005 meeting, authorized the
Administration to issue this RFP for a Temporary Personnel Services.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal Submission Meeting August 16,2005 at 10:30 a.m.
Deadline for receipt of questions August 19.2005 by 5:00 p.m.
Deadline for receipt of Proposals August 31,2005 by 3:00 p.m.
Evaluation Committee meeting September 2005
Commission Acceptance of City Manager's October 2005
Recommendation, and Authorization to Enter
Into Negotiations, and Contract Awards
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by August
31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original
and all copies must be submitted to the Procurement Division in a sealed
envelope or container stating on the outside the Proposer's name, address,
telephone number, RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
RFP NO. 37-04/05
DA TE: 8/3/05
6
CITY OF MIAMI BEACH
D. PRE-PROPOSAL SUBMISSION MEETING
A PRE-RFP submission conference has been scheduled as follows:
Date: August 16, 2005
Time: 10:30 a.m.
Place: City Manager's Large Conference Room located at City Hall, 1700
Convention Center Drive, 4th Floor, Miami Beach, Florida, 33139.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax:
305-673-7851; or e-mail: PamelaLeja@miamibeachfl.gov. Communications
between a proposer, bidder, lobbyist or consultant and the Procurement Division
is limited to matters of process or procedure. Requests for additional
information or clarifications must be made in writing to the Procurement
Coordinator, with a copy to the City Clerk, no later than the date specified in the
RFP timetable.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding
to the RFP. Proposers should not rely on representations, statements, or
explanations other than those made in this RFP or in any written addendum to
this RFP. Proposers should verify with the Procurement Division prior to
submitting a proposal that all addenda have been received.
f. MODIFICATIONIWITHDRAWALS OF PROPOSALS
A Proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time.
Modifications received after the proposal due date and time will not be
considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing
prior to the proposal due date or after expiration of 120 calendar days from the
opening of Proposals without a contract award. Letters of withdrawal received
after the proposal due date and before said expiration date and letters of
withdrawal received after contract award will not be considered.
G. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of
any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time,
this RFP process; or waive any irregularities in this RFP, or in any Proposals
received as a result of this RFP.
RFP NO. 37-04/05
DATE: 8/3/05
7
CITY OF MIAMI BEACH
H. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the
City, or any work performed in connection therewith, shall be the sole
responsibility of the Proposer(s) and shall not be reimbursed by the City.
I. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what alternative is being offered. The City, at its
sole and absolute discretion, may accept or reject the exceptions. In cases in
which exceptions are rejected, the City may require the Proposer to furnish the
services or goods originally described, or negotiate an alternative acceptable to
the City.
J. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response
to this RFP will be available for public inspection after opening of Proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
K. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require Proposers to give oral presentations based on their
Proposals. The City reserves the right to enter into negotiations with the top-
ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a
mutually acceptable contract, the City may terminate the negotiations and begin
negotiations with the second-ranked Proposer. This process may continue until
a contract has been executed or all Proposals have been rejected. No Proposer
shall have any rights in the subject project or property or against the City arising
from such negotiations.
L. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of
award in accordance with City of Miami Beach Ordinance No. 2002-3344 which
establishes procedures for resulting protested RFP's selection for awards.
Protest not timely pursuant to the requirements of Ordinance No. 2002-
3344 shall be barred.
RFP NO. 37-04/05
DATE: 8/3/05
8
CITY OF MIAMI BEACH
M. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State
and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines. Ignorance on the part of the Proposer will in no way relieve it from
responsibility for compliance.
N. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made
and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. VVhere surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
O. CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer,
director, agent, or immediate family member (spouse, parent, sibling, and child)
who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an
interest of ten (10%) percent or more in the Proposer or any of its affiliates.
P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions, as prescribed herein, in addition to disqualification of their
Proposals, in the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
RFP NO. 37-04/05
DA TE: 8/3/05
9
CITY OF MIAMI BEACH
R. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally
considered to be an independent contractor and that neither the Proposer nor the
Proposer's employees and agents shall, under any circumstances, be considered
employees or agents of the City.
s. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
publiC entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity , and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
T. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are
hereby advised that the Cone of Silence requirements listed herein shall apply.
u. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFP is further subject to City of Miami
Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are
strongly advised to review the City's Debarment Ordinance. Debarment may
constitute grounds for termination of the contract, as well as, disqualification from
consideration on any City of Miami Beach RFP, RFQ, RFU, or bid.
v. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee, or through any other
person, to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. No candidate, or campaign committee of a
candidate for the offices of mayor or commissioner, shall solicit or receive any
campaign contribution from a person who is a vendor to the City. or through a
RFP NO. 37-04/05
DA TE: 8/3/05
10
CITY OF MIAMI BEACH
member of the person's immediate family, or through a political action committee,
or through any other person on behalf of the person. This prohibition applies to
natural persons and to persons who hold a controlling financial interest in
business entities.
w. CODE OF BUSINESS ETHICS
Pursuant to Resolution NO.2000-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
x. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
RFP NO. 37-04/05
DATE: 813/05
11
CITY OF MIAMI BEACH
SECTION II - SCOPE OF SERVICES
A. GENERAL
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
B. TERM OF CONTRACT
The contracts shall commence after the approval of the Mayor and City Commission
. and shall remain in effect for a period of two {2} years. Providing that the successful
Agencies will agree to maintain the same terms and conditions of the contract, the
contracts may be extended for an additional two, one-year periods at the City's sole
discretion.
C. LIVING WAGE
Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide
services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour
plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or
a living wage of no less than $9.81 an hour without health benefits.
D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
The successful Agencies' hourly rates offered in their proposal submission shall remain
fixed and firm during the term of their contracts, subject to negotiation based on
Consumer Price Index - Urban Areas {CPI-U} or Living Wage Ordinance rate increase.
E. PAYMENT
All Agencies supplying temporary personnel services to the City are required to furnish
the following information on Agency invoices for the personnel supplied:
1. Purchase Order number issued by the City's Procurement Division
2. Location of temporary services performed
3. Full name of individual performing the service
4. Job classification
5. Number of hours worked, by date
The invoices are subject to verification, approval, and processing by the department
requesting the temporary personnel.
RFP NO. 37-04/05
DA TE: 813/05
12
CITY OF MIAMI BEACH
F. WEAR OF UNIFORM
When temporary personnel are assigned to working events with the general public, they
will be required to wear a uniform or a vest with the Agency's name and logo on it.
G. TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee, damage fees (temporary to
permanent charge) shall not be assessed.
H. PAYMENT
The basis of the amount of the payment shall be the hourly rate per hour times the
number of hours worked. Overtime will be considered after forty (40) hours of work per
week according to the Fair labor Standards Act. The hourly rate quoted includes all
overhead, profit and benefit costs to the Agencies, including employee's hourly rate,
which will be in accordance with the City's Living Wage Ordinance.
I. PERSONNEL INTERVIEW AND SELECTION
The City's representative(s) and successful Agencies shall mutually agree on the job
description, minimum qualifications, duties and responsibilities for each position as
needed. The City has the option to request more than one person at a time for any
specific assignment to interview and select the best candidate for that specific
assignment, at no cost to the City.
J. MIAMI BEACH ONE STOP CAREER CENTER
All temporary personnel services firms that are being recommended for award have
agreed to work with the One-Stop Career Center to recruit potential employees. By
working together with the Center, the City can insure a larger pool of qualified workers,
and support the work of the Center in helping secure gainful employment for
unemployed and under employed Miami Beach residents.
K. QUALIFICATION
In the event that any personnel from the successful Agencies assigned to the City are
found to be unqualified for any specific assignment, the City has the right to return such
employee at no cost to the City. The City shall be the sole judge of the individual's
qualification and its decision shall be final.
RFP NO. 37-04/05
DATE: 8/3/05
13
CITY OF MIAMI BEACH
L. HOLIDAYS
The City's holiday schedule shall be observed. In the event that the City requires a
temporary employee to work on a holiday observed, the day shall be paid at the
overtime rate. It is the responsibility of the using DepartmenVDivision to notify the
temporary Agencies prior to a temporary employee working on Saturday, Sunday,
Holiday or any overtime.
M. EMPLOYEES ARE RESPONSIBiliTY OF AGENCIES
All employees of the Agencies shall be considered to be, at all times, the sole
employees of the Agencies under its sole direction and not an employee or agent of the
City. The Agencies will supply competent and physically capable employees. The City
may require the Agencies to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on the
City's property is not in the best interest of the City. Each employee shall have and
wear proper identification. The employees utilized under the resulting contract will be
provided with and shall follow all policies and procedures of the City.
N. SCREENING, INTERVIEWING, TESTING AND TRAINING
The Agencies will be responsible for screening, interviewing, testing and training to
include, but not be limited to:
1. In-depth interview that includes job preferences, experience, goals, interests,
attitudes, motivation and other work-related attributes.
2. Job-related tests to include typing and communication skills.
3. Background checks to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds).
4. Verification that their employees are not convicted sex offenders.
5. Training employees on the City's Service Excellence program.
O. AUDIT
The City reserves the right to perform audit investigations of the Agencies' payroll and
related records of employees assigned to the City to ascertain that such employees'
records indicate payment received for the speCific hours worked for the City pursuant to
the Living Wage requirements.
P. TEMPORARY POSITIONS
The required listing of temporary positions and their associated job descriptions is
included in this RFP and labeled "Temporary Personnel Services Position Descriptions."
RFP NO. 37-04/05
DA TE: 8/3/05
14
CITY OF MIAMI BEACH
SECTION III . PROPOSAL FORMAT
The items marked by an asterisk (*) are required as part of the Proposal. If these items
are omitted, Proposer must submit within five (5) calendar days upon request from the
City, or the Proposal shall be deemed non-responsive. All other items must be
submitted with ~he Proposal or it will be deemed non-responsive.
1. *TabJe of Contents
Outline in sequential order the major areas of the proposal, including enclosures.
All pages must be consecutively numbered and correspond to the table of
contents.
2. *ProDosal Points to Address:
Proposer must respond to all minimum requirements listed below. Proposals
which do not contain such documentation may be deemed non-responsive.
. .Introduction letter designating areas of proposed services and sufficient
information as to the qualifications of the proposer.
. Respondents shall submit documents that provide evidence of capability to
provide the services required as part of their submittal package.
. *Respondents shall indicate how many years of experience their firm has in
providing temporary personnel services.
. Respondents must provide documentation which demonstrates their ability to
satisfy all of the RFP requirements.
. Respondents shall include their procedures for screening, interviewing,
testing and training employees that will be placed with the City.
. .Client references. List at least eight client references (name, title, company,
address, telephone, e-mail address and fax) our Procurement Division may
communicate with regarding your services. In addition, information for each
reference shall include the description of temporary services provided; and
estimated contract amount and volume of hours provided.
3. Fee Proposal: Submit the proposed fee structure, broken out by position
description, relative to the Temporary Personnel Services Position Descriptions
listed in Section VIII of this RFP. Proposers are not required to submit pricing for
all positions/job descriptions.
4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer
Information forms;
5. *Any other documents required by this RFP.
15
CITY OF MIAMI BEACH
RFP NO. 37-04105
DATE: 8/3/05
SECTION IV - EVALUATION CRITERIA
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each proposal in accordance with the requirements of this RFP.
If further information is desired, proposers may be requested to make
additional written submissions or oral presentations to the Evaluation
Committee.
5. The Evaluation Committee shall recommend to the City Manager the
proposal or proposals acceptance of which the Evaluation Committee
deems to be in the best interest of the City.
An Evaluation Committee appointed by the City Manager, will recommend the most
qualified Agencies based on the following criteria:
Evaluation Criteria/Factors
Weiaht
Experience and qualifications of the Agency............ ...... .., ... ... ... ... ...... ... .30 points
Screening, interviewing, testing and training program......... ... ... ... ... ... ... ... .20 points
Proven performance of providing qualified and productive employees... .,. ... .30 points
Billing rates... .. . . .. . .. . .. ... .. . ... . .. . .. ... .. . '" ... .. . .. . . .. . .. .. . .. . .. . ... ... ... ... ... . .. ... ..20 points
1 00 points
6. After considering the recommendation(s) of the Evaluation Committee, the
City Manager shall recommend to the City Commission the proposal or
proposals acceptance of which the City Manager deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any
case, City Commission shall select the proposal or proposals, acceptance
of which the City Commission deems to be in the best interest of the City.
The City Commission may also reject all proposals.
RFP NO. 37-04/05
DA TE: 8/3/05
16
CITY OF MIAMI BEACH
8. Negotiations between the selected proposers and the City Manager take
place to arrive at a contract or contracts. If the City Commission has so
directed, the City Manager may proceed to negotiate a contract or
contracts with a proposer or proposers other than the top-ranked proposer
or proposers, if the negotiations with the top-ranked proposer or proposers
fail to produce a mutually acceptable contract or contracts, within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s) after the selected proposer(s) has, or have, done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point during
the aforesaid evaluation/selection process until and unless a contract has been
agreed to and signed by both parties.
RFP NO. 37-04/05
DATE: 8/3/05
17
CITY OF MIAMI BEACH
SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants,
or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any
or all of its right, title, or interest therein, or its power to execute such contract to
any person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold
harmless the City of Miami Beach and its officers, employees. and agents, from
and against any and all actions, claims, liabilities, losses and expenses, including
but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of the successful proposer, its employees, or agents in connection with
the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
C. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon
have the right to terminate the services then remaining to be performed by giving
written notice to the successful proposer of such termination which shall become
effective upon receipt by the successful proposer of the written termination
notice.
In that event, the City shall compensate the successful proposer in accordance
with the Agreement for all services performed by the proposer prior to
termination, net of any costs incurred by the City as a consequence of the
default.
Notwithstanding the above, the successful proposer shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the Agreement by the proposer, and the City may reasonably withhold payments
to the successful proposer for the purposes of set off until such time as the exact
amount of damages due the City from the successful proposer is determined.
18
RFP NO. 37-04/05 CITY OF MIAMI BEACH
DA TE: 8/3/05
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful
proposer of such termination, which shall become effective thirty (30) days
following receipt by proposer of such notice. In that event, all finished or
unfinished documents and other materials shall-be properly delivered to the City.
If the Agreement is terminated by the City. as provided in this section, the City
shall compensate the successful proposer in accordance with the Agreement for
all services actually performed by the successful proposer and reasonable direct
costs of successful proposer for assembling and delivering to City all documents.
No compensation shall be due to the successful proposer for any profits that the
successful proposer expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the successful proposer
upon a termination as provided for in this section.
RFP NO. 37-04/05
DATE: 8/3/05
19
CITY OF MIAMI BEACH
SECTION VI- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain, provide and maintain during the
term of the Agreement the following types and amounts of insurance which shall be
maintained with insurers licensed to sell insurance in the State of Florida and have a B+
VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to
these requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage
in the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as
certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers,
agents and employees of said organizations as additional insured while acting within the
scope of their duties but only as to work performed by the Selected Proposer under this
Agreement. This policy cannot be canceled without thirty (30) days prior written notice
to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with
the City's Risk Management Department showing said policies to be in full force and
effect at all times during the course of the Agreement. No work shall be done by the
Architect during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers of carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident. occurrence, claim
settlement or judgment against such insurance which may diminish the protection such
insurance affords the City. Selected Proposer shall further take immediate steps to
restore such aggregate limits or shall provide other insurance protection for such
aggregate limits.
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
RFP NO. 37-04/05
DA TE: 8/3/05
20
CITV OF MIAMI BEACH
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO THE CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal
form, pursuant to the "Personnel Services Position Descriptions" herein.
Proposers are not required to submit pricing for all positions/job
classifications.
4. Declaration
5. Questionnaire
RFP NO. 37-04/05
DA TE: 8/3/05
21
CITY OF MIAMI BEACH
PROPOSER INFORMA liON
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by Proposer that the City reserves the right to reject
any and all Proposals, to make awards on all items or any ,terns according to the
best interest of the City, and to waive any irregularities in the RFP or in the
Proposals received as a result of the RFP. It is also understood and agreed by
the Proposer. that by submitting a proposal, Proposer shall be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO. 37-04/05
DA TE: 8/3/05
22
CITY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-04/05
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Proposer - Name
Date
Signature
RFP NO. 37-04/05
DA TE: 8/3/05
23
CITY OF MIAMI BEACH
DECLARA TION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
SIGNA TURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DA TE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If a Foreian Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DATE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:'
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No ( )
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DATE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes () No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not ( ) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations~ To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
RFP NO. 37-04/05
DATE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
RFP NO. 37-04/05
DA TE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire, may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
Signature
Print Name
WITNESS:
Signature
Pri nt Name
WITNESS:
Signature
Print Name
(CORPORA TE SEAL)
Secretary
RFP NO. 37-04/05
DATE: 8/3/05
IF INDIVIDUAL:
Signature
Print Name
IF PARTNERSHIP:
Print Name of Firm
Address
By:
General Partner
Print Name
IF CORPORATION:
Print Name of Corporation
Address
By:
President
Attest:
29
CITY OF MIAMI BEACH
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1. Secretary I
Two years experience in secretarial and clerical work. Experience in meeting public and
ability to deal with customers using tact, poise, patience and courtesy. Knowledge and
experience in using MS Word, Excel, other MS office application programs. Must have ability
to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm.
2. Secretary II/Administrative Assistant
Three years advanced experience in secretarial and clerical work including transcription,
dictation and executive level experience. Experience in meeting public and ability to deal with
customers using tact, poise. patience and courtesy. Knowledge and experience in using MS
Word, Excel, other MS office application programs. Must have ability to work in a multi-
ethnic/multi-cultural environment. Minimum 40 wpm.
3. Clerk Tvpist
Responsible and varied clerical work involving moderately complex work methods and
procedures. Requires proficiency in the use of the word processor and/or typewriter. Must
type 40 correct words per minute based on dept. needs.
4. Clerk I
Must possess basic typing and computer experience and good people skills. Dependability
and self motivation, work flexible schedule, including weekends and evenings. Must have
ability to work in a multi-ethnic/multi-cultural environment.
5. Clerk II
One year experience in general clerical work, possess computer software experience and
good people skills. Dependability and self motivation, work flexible schedule, including
weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural
environment.
RFP NO. 37-04/05
DA TE: 8/3/05
30
CITY OF MIAMI BEACH
6. Clerk III
Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Experience in meeting public and ability to deal with customers using tact, poise, patience
and courtesy. Knowledge and experience in using MS Word, Excel, other MS office
application programs. Must have ability to work in a multi-ethniclmulti-cultural environment.
Must type a minimum of 40 wpm.
7. Bookkeeper / Accounting Clerk"
Three years experience in accounting, supplemented by course work in accounting or
bOOkkeeping; or any equivalent combination of experience and training. Must have ability to
work in a multi-ethniclmulti-cultural environment.
8. Customer Service ReDs / ComDlaint Operator
Responsible telecommunications work in the Safety communications Unit. Retrieving,
evaluation, processing, modifying, and inputting information within various computerized and
manual information systems. Type 30 correct wpm, effective communication skills, may
include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi-
cultural environment.
9. Customer Service ReDs I Communications Operator
Entry level responsible telecommunications work in the Safety Communications Bureau.
Receiving, screening and relaying information for emergency and other calls utilizing a multi-
line telephone and a computer aided dispatch system or other means. Effective
communication skills, may include weekends, holidays, shift work. Must speak fluent English
and one other language, have ability to work in a multi-ethnic/multi-cultural environment.
10. Personnel Technician I
Complex clerical and technical work of a specialist nature. Interpretation of department
operations, policies, procedures, dissemination of information, maintains records and reports,
computes and compiles data; updates. Types forms, answers correspondence, prepares
notices and minutes of meetings. Knowledae of HR preferred.
11. Caroenter
Knowledge and skills in carpentry work at the entry level in the construction and finish work
including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electricia n
Master Electrician's certification, prior experience with drawings and reading blueprints,
design an installation of electrical systems. Skilled work at the entry level as an electrician in
the construction, maintenance and repair of city facilities.
RFP NO. 37-04/05
DA TE: 8/3/05
31
CITY OF MIAMI BEACH
13. Plumber
Skilled work at the journeyman level as plumber with certificate of competency as a
journeyman in the plumbing trade.
14. Service Worker
Advanced and responsible manual labor duties of a skilled nature.
15. A1C Mechanic
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, ~nd related apparatus.
16. Painter
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
17. Buver
Specialized technical, clerical and administrative work in the purchasing of assigned
commodities. Reviews purchase requests, assists with procurement problems, and solicits
quotations. Enters information for issuance of purchase orders.
RFP NO. 37-04/05
DA TE: 8/3/05
32
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
August 24,2005
ADDENDUM NO.1
Request for Proposals (RFP) #37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
The following additional information as a result of inquiries from individuals is
hereby forwarded:
1) The due date for the submission of Proposals has been extended to Tuesdav.
Seotember 6. 2005 at 3:00 om Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 in September 2001 Is attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work vs. outdoor/tradesman/manual
labor?
Answer #1: In round numbers, the City paid approximately the following dollar values to
temporary personnel agencies:
FY2005
FY2004
FY2003
$1.1 million
$1.3 million
$1.2 million
There exists no specific breakdown of the number of temporary employees that
the City utilized or currently utilizes, that can be provided in a report format. It ;s
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoor/tradesman/manual labor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1. 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: Vllhat is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes, i.e. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not poSSible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.1.
Thus, a nationwide check would reveal such information.
Question #5: VVhat type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5:
A five panel test, which must have negative results, consisting of the following:
Initial Test Level
GS/MS Confirm
Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 ngfmL
300 nglmL
50 nglmL
2000 nglmL
25 ngfmL
500 ng/mL
150 ng/mL
15 ng/mL
2000 ng/mL
25 ng/mL
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes, upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7
As this is an RFP and not an ITS, supplemental information may be provided.
If you have any question please contact Pamela leja at Pamelaleja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
,.~..
Gus Lopez, CPPB, CPPO
Procurement Director
Addendum #1. 8/24/05
RFP 37-04/05 Temporary Personnel
3
or-
Q
o
o
&b
at)
en
~
w
U
fr
w
rn
..J
w
Z
z
o
rn
0::
w
0..
>-
0::
~
o
Q.
~
W
....
W
o
u::
u..
o
-
-
~ 0 0 0) 0 0 0 co 0 0 10 ~ <C 0 '" '" 10 It') It)
'" N ... CC? CC? N "" N <C 0) N "! .,... ~ <"! 0> ~
0:: M -.i N M <C -.i N .. r--: r--: m -.i M M .,... "" &ri M
UJ .,... ... ... ... ... .,... ... ..... .... .,... ... ... ... .,... .... .,... .... ,....
..J (,It ~ ~ .... flit .... ~ .... w ~ .... .... .... .... ~ .... fJ9 ~
U
-
-
~ ~ It) '<t M 0 (") U) 0 0 10 ~ ~ "It ~ 0 0 ~
"! "... ~ 'II" co .... "! 0 <( 10 I': .,... co
UI ..- M ('oj M &ri N ('II M &ri z -.i M ... '" ..... (D N ('II
.... .... "... "... "... ..- .,... .,... ... .,... ..- .... .,... .... .,... .,... ...
..J .,.. ~ .... flit ... ... .... .... flit .... '" '" .... (,It w .... ....
0
-
~ II) It) co fa 0 It) co 0 8 ~ 0) It) f8 ~ It) ~ ~
0:: ~ ('II O! 0 co .... 'lI: < N <"? 0)
UI .... M .... M -.i ('oj ('oj ('II .. Z 'lI" ('oj .,... C'Ii .,... -.:i .... C'Ii
..J .... .,... ..... .,... .,... .... .,... ... .... .,... .... .,... .,... ..... .,... .,... ....
0 ... ... '" ... flit ~ .... ~ ... ~ ... .... w ... w ~ ~
,
I-
fn
~ 10 10 M 0 0 &1 co ... 10 II) ~ It) ~ N It) ,.... ~
'lI: N "l co ""= .... ~ .,... < II) <"? &q ~ ('f)
~ ... M ..... M It) N ('oj ('II an z .. (") .,... N .,... (D M N
.,... .... .,... .,... .,... .... ... ... .... .,... .,... .,... .,... ... .,... .,... .,...
0:: ~ .... w .... .... .... ~ .. .... ... ~ .... w ... .,.. .... ~
W
..J
0
-
~ .,... 0 co co 0 ~ ~ co 0 10 C") '" 0 N 10 It) II)
ti 'lI: N co .,... co "l 'lI" <( C') ~ It) 0 ~ en en 0)
N -.i N lri 0) .. N M cO Z cd co -.:i cd ..- eO 0 M
0::: ..... ... .,... .,... .,... .,... .... .,... .,... .,... .,... ..... .... ..... .,... N ...
~ ~ (,It ... (,It ... flit .. .... ... .. tilt tilt ... tilt .... ..
0
W
fn
-
i 0 10 co 0 0 0 N II) II) It) ~ 0 ~ ~ It) ~ ~
t- o C"'! N lID ~ N 'II" co '" ~ It) N C"'!
w N ('f) N M CD .. N N ,...: . M M C") ... ,... cd '"
0::: ... .,... ... .... ... ... ... .,... ... ... .,... .,... .,... ..... .,... .... .....
U ~ .. tilt W .. ... fo1t .. .... ... .. tilt .... .. .... .... w
w
en
fIJ I :i a c
IL <:) W ~ iW
m 5<:) In ~ ~
u z E ~ Q
i ~ it >- I
Q I! ; II: 01 I
i 8~ 'Q w ~ 0 ~ w I ~ LL
II) ~III II) i i u -I ~
I ~ ~ rn ~ lII: .. ~ t;
ie 15 J Q f a: ::2 .z tn
i ~ ~ W ~ UI ~ UI ~
In 5i ~ ~ :IE ~ ~I I
~ I Q !
:) ~ i ~!
::2 ID
. 8 u c
!::Z fIJ
... N M 'lit an CD .... co 0 0 ... N M 'lit It) CD .... 00
... .. ... ... ... ... .- ... ...
It)
'0
...
..-
o
-
o
~
at)
m
t-
w
U
~
w
(/)
...I
W
Z
Z
o
(/)
a:
w
0..
>
a:
~
o
Q..
~
W
I-
W
o
u::
u..
o
<< 0 l"- e e co ~ N 0 U) ~ co 0 ~ In ~
W N N ~ co ~ ..., <C! ~ <( ~ <<! <( 't? Q)
~
>- ..., tri T"" ro) N Lri l"- V a:i z en co C"') Z It) ~ lri or-
:J ~ .... ... N ..... .... .... T"" or- .... .... T"" ...... T"" ~
m ..... w l.'t .. .,. .. tilt tilt W .. .. tilt W w
..J
W
Z - N U) I"- ~ 0 0 0 CD 0 U) r- ClO N U) g U)
Z% l"- N co en N C"! ~ ~ ~ U) N ..... <( ~ 0) 0)
0(,) ori cD ("'j cO a:i -.i ~ M cO ori ...t u; z ,.... a:i 0 CO;
rnw ..... ..... ..... ,.... ..... ... .... ..... ..... .,.... ..... .... .... ..... N .....
IX.... ... w .. ... flit .. .. tilt .. .. .., .. w W .. W
W
A.
~
~ ~ 0 en i 0 U) ClO ! It) U) ~ 0 N 0 0 N
IXg N .... 0 co l"- N <( U) N <( ~ .... 0 N
fj~ "Ii ori N c.; ...t N N N cD z ori co Pi Z or- cD ..j lri
- ..... .... ,.... .,.... ..... ..... .... ..... .... ..- ..... ,.... ..- .... .....
~ - .. .. flit .. .. .. ... .. .. .. .., .. .. .. w
~
0
u
...
Z
3<< 0 U) r0- M 0 It) co co 8 It) ~ co N U) 0 ex)
A.w ...,. C"! ~ II) q ~ .... CO) <( It) ~ <( ~ co P:? co
:&0. -.i C"') ,.... cw) ...,. N N N ,..; z ..j ,..; ..... z .,.... cD M N
80 ..... .... ,.... .... ..... .... T"" .,.... ..- ..... or- ..... .... .... .... .....
.. w .. .. w .. .. flit .. flit .. .. .. tit .. ..
a::
rn
(,)
-
a::~
WD:':
D.w ~ U) ,.... co 8 ~ 0 co 0 10 ~ ~ 0 ~ N It) N U)
w~ C"! CD ..... N ...,. ''It 0) It) ~ 0) II) 0)
w(,) u; co N iii cO iii ..; CO; a:i a:i a) lri cO iii ..... cO 0) CO;
~t- .... ..... ... ..... ..... ..... .... .... .,..... .... .... .,.... ..... .... ... .... ..... .....
~u w .. ... .. .. .. .. .. .. ... w .. ... .. flit W .. ..
8Si
ta
en I en Q a
Q. w Ct au w I~
::I ~c U Z fIJ Z g ~
J!! i! ~ Q
i ~ [i: a I i I
Q ~ i ~ i 0:: s 21 II.
z ~z "0 w I!! r: ~ I !
::) ~ oiL ~I en fIJ Ill:
j ti~ IL Z i 0 .. i ... mi!"
~ ~~ a ~ a au Ill: ::) II) Z ."
~ ~ ~ ~ au I w i2 I ~
(!)II) ! cn S i ~ ~ t- z~
!:j a a ~ 2"
~ ~ ~ i ~~
::) m 0::
8 u
~ 5:l In
... N CW) 'lit It) U) ..... 10 c:a 0 '\"'" N CW) .. 1ft U) r-- co
.... '\"'" - .... .... .... - .... ....
It)
o
N
'::'
~
~
o
:b
lO
m
f-
W
o
~
w
CIJ
-J
W
Z
Z
o
CIJ
a::
w
a.
>-
a::
~
o
Q.
~
W
....
o
W
N
:J
<(
o
W
0-
f/)
y
~ ~ N N 0 0 0
::J: <( 0) ~ q C! IX:! ~
0 ....: an
LLI Z co to r') 0 Z
N - ..- N .- ~
:I .,. .,. .,. W W
~
~
W
~
a::
i ~ fB 0) 0 0 N 0 N
C) N 0 ~ C! .
w N It') N lri -i- .... - CW;
.- ..... .... .... .... .... N .....
0 tit .,. W W ... ... .. ..
~
W
U)
ar:
w 0 ~ 8 0 g
ID c( C) <( CD c(
:I z ,...; z co ex:) If) If) z
::) ~ .... ~ .... ~
.... .,. ...
A.
~
0 0 N 0 0 It)
i2 c( C? < en 0 ~ . ~
b z ..... z ex:) cO II) a)
N .... ~ .... (")
w ... .... .... (,09
-'
w
a::
w
... 8 ~ 0 0 It)
z c( c( 0 CD .... c(
! z -i- z M cO an d z
N ..... N ..... ti
(,09 .,. ... .,.
(t) ~
.IL W
a ~ (t) 1&1
J!! i! ffij (t)C1
~ )ow
i ~I ~ I~ ~
i ~ Ii ~
I ,.. 21
li~ w "I (t)
~ ! !I ~
g ~ ...~
~ !:
:;) III 0
~ Q Z
~
... N C") 'lilt GO eft 0 or"
or" ....
..
It)
'5
CO')
or-
Q
o
~
LI)
m
....
w
o
~
w
rn
..J
w
Z
z
o
rn
IX:
w
a..
>-
a:
~
o
a..
::E
w
....
o
W
N
:J
<
o
w
a..
(/)
u
~
0
1&1 0
:IE <( <( <(: <( <( <( ~ <(
a:: z z z z z z 0 z
~ ~
~
a::
a.
U)
a~ II)
:II <( ~ <(: <( <(: <( M ~
Z Z Z Z Z cr)
ruM M
...
~:E
U)
I
t;
I It)
c( c( ~ <( c( <(: N <(
:) z z z z z ,..: z
0 ~
-,
!
:l
:I
a: U) $ 0
w 8 0 0
.. <( ,.... N q ~ c(
z z .. N aD Iri M - Z
~ N - .... N - rl
.... .... fit .. ..
M ~
A. W
::. ~c (I) w
I!! is! ;i Me
a I! w II &I.
Z rn ::JZ ~ tc a
::) t- CJIi: z Ii tI
0 i I~ w U M
~ ~ ~ j
::J !
:;) ID 52
~ a z
::)
... N M .. CIO en 0 ...
... ...
~
)
.
u
1
It)
-
o
'It
I
)
\
t-
I . Q:
Wo
!t 0
~
1&.:;) ~
z~
:cO ~
::Ii 0
It:
Do.
..J
U g
""')
~ IS)
Ll)
:E ~
I 8
IS)
~
en 8
0 IS)
U It)
~
.
0
N 0
aa IS)
Q It)
w
U
D 0
II: is 0
W Q IS)
:E In It)
~
! !
~
D.
W ..I 0
! 0 0
ID &ri
0 It)
I&. 0 ~
Z
~
:E
~
0
It
~
....
~
"}r
Ul
'")
......
~
o
an
an
CD
t:
w
o
~
w
en
...J
W
Z
Z
o
en
t:r
w
ll.
>-
cr:
~
o
a.
::e
w
....
...J
~
Z
J:
()
W
....
It)
o
II)
t
0 0
U) 0
UJ g
..J
~ "..
0 W
W
~
-
~ 0
D 0
w Lri
-J ~
~
0
It:
UJW
-JA. g
~9 lti
o~ 4lIt
C
;i
E0
D:~ g
~2 ~
enw w
WD:
0
~
:t
u
-
u
C) :t
z
i u a
J ~ ftl
en ..
8 :>
ar:
A.
It: ~
~ ! 8
III
fI) ~ N
~ ~
;:,
w ~
:::i
0
w
~
0
IL
.
~
....
o
o
Lri
II)
...
=ti 0
~~ 0
Lri
I~ ~
It:
w 8
t-
en
w 0
t- ~
..: ~
z
0
0 D.
C) 0
Z -J
i ~ 0
0
! ci
Q ~
m
~ 11.I
~
D.
It: i~
~ 0
W q
en en. 0
t- dO :i
z
w
:::i en
0
1&1
U
a:
~
I
:II:
.....
~ 0
ir 0
::> N
u (0
w ....
en
UJ
IX:
::>
I- 0
U 0
w N
I- CD
1: ..
CJ 0
z ~
52
It:
~ ~
z w 0
UJ 0
z !
<3
z
w
Z
0
~ 0
0
I- eD
~ ~
z
~
~
I
~~~ 8
~oo
z~a. ,..:
:z: a. N
o ::) ...
wzcn
~ ....
~ I
a. ~cn
~
en o:r g
;;l _U
Zw ..
J:r- N
u fd~ ..
z
:z: ....
0
W
l-
I
...J~
<en 8
OW
-0
~~ a
OW
W:J:
....
~
~
~
....
Z IX:
0 0
-...J 8
~ Zw
~[ij Lri
~ )(...J ~
Z
Z ::J
i
~ ..J
W
::Ii Gj
W ...J 0
t- o 0
~ &d
~ II)
II) ...
2:S x
Z
z ::>
~
w
~
~ I .
~
......
August 23, 2005
Attn: Pamela Leja
City of Miami Beach
Procurement Division
1700 Convention Center Drive, Third Floor
Miami Beach, Florida 33139
Dear Ms. Pamela Leja,
Enclosed is Tri-State Employment Service Inc.'s response The City of
Miami Beach, proposal for providing Temporary Personnel Services, RFP
No. 37-04/05. Let me thank you for giving us the opportunity to
participate in your bidding process. We have been in business for over
twelve years and developed a reputation for providing on time solutions
for technical problems.
I confirm that all of the information contained within our proposal is
accurate and Tri-State Employment Service Inc. has reviewed all of the
requirements of this solicitation and agree to all of the terms. Tri-State
complies with the Equal Employment requirements stated.
Tri-State Employment Service Inc.'s Federal Employer Identification
Number is 13-3703106.
Tri-State fully understands the scope of work and is prepared to service
The City of Miami Beach/with professional and quality service. We
understand there will be diverse projects conducted within The City of
Miami Beach and Tri-State is prepared to provide you with professional
services as well as qualified responsible and experienced personnel to
complete your employment needs. Tri-State has specialized in providing
a diverse range of temporary consultants to City, State and government
agencIes.
Many of our key employees have significant Employment & Project
Oriented, experience. We maintain a very large population of Medical,
MIS, Professional, Security, Architect/Space Planning, Managerial,
Temporary, Engineering, Administrative, CADD, Banking, Industrial and
Manufacturing personnel. Our Employment Industry experience is from
the vendor, business and technical aspects of the information industry
with skills ranging from systems implementation to executive
management.
One of our most compelling attributes is our financial strength. We have
had extensive experience in dealing with large numbers of employees in a
variety of business settings and projects. Tri-State has provided these
services for various industries for over twelve years.
Tri-State Employment Service Inc. 's Miami, FL office would service this
contract. Your direct point of Contact would be Susan Kennedy.
The following are the names of the personnel who are authorized to make
representation for Tri-State Employment Services Inc.:
Susan Kennedy, Contracts Manager
160 Broadway, 15th Floor
New York, NY 10038
(718) 982-1028
Robert Cassera, President
160 Broadway, 15th Floor
New York, NY 10038
(212) 346-7960
Let me assure you, Tri-State intends, as an organization, to meet and
exceed our client's desires, needs and requirements. Our two most
important assets are our clients and our employees and Tri-State will
continue to practice and follow our commitment to excellence.
Sincerely,
Susan Kennedy
Con tract Manager
Table of Contents
Introduction Letter
Capability, Experience & Ability
Screening
References
Fee Proposal
Acknowledgement of Addendum & Proposer Information
Page 1-4
Page 5-8
Page 9-12
Page 13
Page 14
Tri-State's Experience
Robert Cassera founded Tri-State in 1993 as a successor to previous
business undertakings. His goal was to create an organization that
provides total solutions to the needs of a diverse client base. To that
end, Tri-State has evolved into a multifunctional company that
encompasses a range of Temporary Staffing, Employee Leasing,
Industrial, Professional and MIS. Tri-State is based out of New York and
thirteen additional offices throughout the country providing similar
services throughout our locations.
Tri-State is renowned in providing various Temporary Services to a
variety of industries. In various projects Tri-State provides highly
experienced and knowledgeable employees to meet a client's needs. Tri-
State does have a database of qualified employees available who posses
various backgrounds throughout various industries and will provide you
with more than satisfactory services.
Since its inception, Tri-State has enjoyed rapid growth by providing
industry leadership. We provide our diversified services by continuing to
hire and develop a staff of professionals dedicated to forming strong
partnerships with our clients.
Tri-State Employment Service Inc. has extensive experience working with
large accounts, supplying immense numbers of experienced personnel to
various clients. Tri-State Employment will comply with all of your
specified criteria.
Tri-State services Florida Department of Management Services, the City
of Miami Beach, the state of New York, California and many
municipalities throughout the state of Florida... We have provided
employment services for over twelve years and employee leasing for eight
years, due to our experience with various clients and other large-scale
projects I do believe that Tri-State has acquired significant expertise in
the field of servicing large companies.
Tri-State has supported multiple contracts and serviced numerous
clients with similar scopes of services for twelve years. Tri-State is a
solid yet growing company and after reviewing our references you will see
the kinds of services we have been performing. Tri-State is prepared to
meet the business challenges facing all business organizations and
government agencies. We remain committed to providing quality
performance to our current clients as we expand into other markets.
1
Tri-State would like to develop a partnership with The City of Miami
Beach rather than just supply you with a seIVice. Tri-State would work
with The City of Miami Beach supervisor's in adjusting our services to
benefit you, we encourage our clients to give, as much input regarding
our relationship and this would benefit everyone involved.
Susan Kennedy is the Contract Manager and she would be your point of
contact should there be any problems or issues or contract related
questions. Tri-State has a very large payroll department, which would be
processing your payroll, all taxes and W - 2 's.
The hours of operation are 8:00am to 6:00pm and we can provide you
with cell phone numbers or pagers for after hours.
Tri-State currently employs over 25,000 people per year. Tri-State has a
large database of employees whom posses the qualifications stated within
the RFP for The City of Miami Beach.
Tri-State is prepared to meet the business challenges facing all business
organizations and government agencies. We remain committed to
providing quality performance to our current clients as we expand into
other markets.
2
The Professional Consulting and Employment Services Division of Tri-
State has consistently demonstrated the ability to provide cost effective
staffing solutions to our clients. The PCES Division, with an established
history of providing Temporary, Professional and Technical Staff
Personnel, leads a team of recruiters to implement the following
strategies:
* The combination of our database and state of the art candidate
retrieval systems allows Tri-State to provide the client with
extraordinary response time on last minute staffing requirements.
* Providing a quality of service that has earned Tri-State a
reputation for excellence and leadership in the field.
* Committing to providing value added services, quality candidates
by employing critical screening, references and thoroughly
matching each contracting candidate to the client's need(s).
* Providing clients with creative and tangible strategies for using
temporary services as part of their business solutions.
Through our recruiting methods Tri-State does recruit and advertise for
all shifts for all positions being recruited for. Our Database does include
breakdowns for the various shifts. Therefore currently we do have
numerous candidates available City of Miami Beach to begin work
assignments immediately including a large database for all night,
weekend and holiday hours.
3
Billing Procedure
At Tri-State we do the payroll on our premises, we are prepared to hire as
many additional payroll employees as necessary to fulfill all of the
specifications and requirements. Each payroll clerk, who enters the
payroll into the system, checks the time sheets for accuracy. After the
checks have been cut the invoices are put together, as the staff puts
together the invoices and the time sheets a second person is dou ble-
checking the time sheet against the invoice.
Tri-State's billing is done through a system called Spectrum. We receive
timesheets by noon on Tuesday, from the previous week, and have
payroll done out to our employees on Fridays. Invoices are sent out on
Thursdays with all of the time sheets attached to the appropriate invoice.
We can send you various reports, which you may require for your needs.
We will adapt any special billing requirements you may need to our
billing procedures.
Tri-State's billing is done on a weekly basis, however if this does not fit
your needs we will change the cycle.
4
Policies for Qualifying Employees
Tri-State's recruits candidates through advertising in local newspapers
and the Internet. We utilize various web sites, which are very effective in
the Florida area. Tri-State presence is very well known in Florida which
has led to word of mouth and walk in's. We do currently have quite a
large database of qualified candidate's available for employment within
City of Miami Beach
All of our candidates are thoroughly screened to fulfill your staffing
needs. Due to Tri-State's experience within the Florida area, we
currently have the database of employees available to fulfill your staffing
needs.
Tri-State evaluation process uses the following methods, skill sets, and
years of experience, previous employment, nature of employment,
industry. Once resumes are received the employee is prescreened and
then brought in for an interview. Each employee is tested according to
his or her skill sets. Reference checks are then conducted as well as any
additional client requests.
Reference checks, educational checks and employee checks are
conducted to verify an applicant's experience.
We test our applicants by using the "Prove It" Software System, we
conduct thorough interviews and after conducting interviews and testing
we go over their qualifications and interests to place them in positions,
which will benefit our clients and our employees.
Tri-State does make sure all of our employees speak and understand
English; we accomplish this throughout our interviewing process as well
as through our computer testing. Within our application all of our
applicants complete an 1-9 Form and we rake photocopies of their Social
Security Cards / Proof of Citizenship. Throughout or interviewing and
testing we do make sure that all of our employees are of good moral
standing and in good physical condition for those of our clients who have
the need for industrial/laborers.
5
To assure Quality Control & Customer Satisfaction our placement
councilor will call each applicant the evening before he/she is to begin a
position to ensure they are going to begin the assignment. We will call
you within fifteen minutes of the time our employee(s) are supposed to
have begun working to make sure our employee(s) have shown up and
we will call again at the end of the day to make sure you are satisfied
with his/her performance and should you for any reason be unhappy we
will be sure to have a replacement in the morning. We will continue to
call you periodically to make sure everything is satisfactory and you are
pleased with our employees. In addition we would appreciate input on
our employees performance by their supervisors.
Tri-State has been involved in multiple projects and follows the enclosed
methods to complete this project should Tri-State be awarded the
contract. We will adapt our methods to suit your employment needs and
Tallahassee office will work hand in hand with you in order to satisfy all
of your needs.
Tri-State Employment Services Inc. recognized the importance of
positioning its organization to provide worldwide Employment Services.
Never before has the demand to identify individuals with expertise in
global marketplaces been so critical as politics, finances, and technology
bring the international business communities closer together.
Tri-State is prepared to meet the business challenges facing all business
organization Municipalities and Governmental agencies. We remain
committed to providing quality performance to our current clients as we
expand into other markets. We will continue to evaluate additional
services as we expand our employment services, professional contracting
services, management consulting, and system technology business. The
multi-disciplined business experience possessed by the principles and
consultants of the firm will continue to add depth and credibility to our
overall client services. Tri-State continues to be focused on addressing
clients' needs.
Tri-State does not currently train our employees on operating systems,
however we would only service your employment needs by fulfilling a
request with an employee who has experience in the operating systems
you require. All of our employees are tested for the various systems they
claim to know and you require. We do realize that there is a great need
for the working knowledge and experience of WINDOWS and we do have
a large database of employees whom posses the qualities you are
requesting and are ready for employment within the City of Miami Beach
area.
6
Intervie\ving ~tl;Testing PrOCeS!Ff.
1. Review Resume
la. Check for spelling errors
lb. Check for chronological errors
Ie. Check for overall presentation of resume
Id. Check dates (make notations of large gaps in employment)
Ie. Check education for minor, major, GPA, and dates
II. Telephone Intexview
IIa. Working with resume (making notations) while conducting in-
depth phone interview
lIb. Confirm the above (la-Ie) and verify any issues or questions
IIc. After clarifying this, set up a one on one intexview
III. One on One Interview
IlIa. Check for punctuality
IIlb. Is applicant prepared with reference and resume Uust in case
of any necessary changes to be made to resume)
N. In-depth Intexview Begins
Na. Begin with a breakdown of all previous positions
Wh. Review each company, the position they began with, position
at midpoint and position held when they resigned
Nc. Why he/she resigned
Nd. Looking to find what skill sets were required for each position
V. Finding what Candidate is looking for
Va. Qualify salary range
Vb. Position type
Vc. Industry type
Yd. What is individual looking for in company
Ve. What is individual looking to stay away from in company
7
VI. We test the applicants on our computer system called "Prove It,"
which provides the following:
VIa. Typing Test
VIb. Word Perfect 5.1
VIc. Word Perfect 6.0
VId. Word Perfect 6.1
VIe. Excel 5.0
VIf. Word For Windows 6.0
VIg. Lotus for Windows 5.0
VIh. Power Point 4.0
VIi. Data EntIy
8
Duval County Public Schools
4880 Bulls Bay Highway
Jacksonville, FL 32219
Contact: Terrance Wright (904) 858-4848
Place of Performance: Duval County
Con tract Scope of Work: Provide a large variety of
office support personnel.
Contract Began: 10/01
Estimated Value: 100,000.00
Contract #: 012S-01-RW
Leon County Schools
2757 West Pensacola St., Building 11
Tallahassee, FL 32304
Contact: Byron Williams (850) 487-7282
Place of Performance: Leon County
Contract Scope of Work: Provide a large variety of
office support personnel.
Contract Began: 9/02
Estimated Value: 100,000.00
Contract #: 4358
9
Town of Davie
Purchasing Division
6591 Orange Drive
Davie, FL 33314
Contact: Herb Hyman (954) 797-1016
Place of Performance: Davie...
Scope of Services: White Collar / Blue Collar
Contract Began: 11/5/98-10/01,10/01-9/03 +
Estimated Value: 1,000,000.00+
Contract #: B-98-94
Number of Employees: approx 35
Broward County
Purchasing Division
115 S. Andrews Ave.
Fort Lauderdale, FL 33301
Contact: John Kunzman (954) 357-6065
Place of Performance: Broward County
Scope of Work: Temporary Services
Contract Began: 10/98-9/01,9/01-9/03+
Estimated Value: $721,291.00
Number of Employees: approx 50
10
MetropoUtan Dade County
Stephen P. Clark Center
111 NW 1 st. St., Suite 2350
Miami, FL 33128-1983
Contact: Diane LeRay, CPPB (305) 375-5330
Place of Performance: Metropolitan Dade County
Scope of Services: Providing Temporary Clerical
Personnel
Estimated Value: $ 5,000,000.00
Contract#: 1099/6181
FL Department of Management Services
4050 Esplanade Way
Tallahassee, FL 32399-0950
Contact: Susan Barr (850) 488-6592
Place of Performance: State of Florida
Scope of Services: Employment Services, Temporary
Contract Began: 5/17/04
Estimated Value: 10,000,000.00
Contract #: 991-460-98-1
Worked on by Orlando office
11
City of Miami Beach
1700 Convention Center Dr.
Miami, FL 33139
Contact: Gus Lopez (305) 673-7490
Place of Performance: Miami Beach
Scope of Services: Temporary Office Support Personnel
Sezvices
Contract Began: 2/97
Estimated Value: 100,000.00, 1 year
Number of Employees: approx 50
County of Volusla, Florida
125 W. Indiana Ave., 3m Floor
DeLand, FL 32720
Contact: Becki Bishop (386) 822-5764
Place of Performance: Volusia County
Scope of Services: Temporary Employment & Employee
Leasing
Contract Began: 5/04
Estimated Value: 100,000.00, 1 year
Number of Employees: approx 50
12
Fee
Proposal
13
Fee Proposal
Title Bill Rate
Secretary I 12.23
Secretary II / Administrative Assistant 13.72
Clerk Typsit 12.23
Clerk I 12.23
Clerk II 13.09
Clerk III 13.72
Bookkeeper / Accounting Clerk II 13.72
Customer Service Reps/Complaint Operator 13.72
Personnel Technician I 14.96
Service Worker 12.23
Painter 16.21
Buyer 18.70
These rates are based on paying the minimum living wage of $9.81
Acknowledgemen t
of Addendum
&
Proposer .
Information
14
Submitted by: /~
PROPOSER INFORMATION
b~-/' -f {?'1 . -er-i... I
Proposer (Entity):
~ A --
r.O] / ,
,0_- ~-cf: .
Signature:
Name (Type,
le [Jet/' I- C/J ere:.
Address:
/6t [) /jiU [t. 1.-7 QA/ /' / S /"-/7-
{!(LJ Ik IICd /(),/ /(/7?2.r'
/ /'
City/State:
Telephone: (1;,V 71) -1M?
Fax: ('7/J) i j) ~ ) ))/ )_
It is understood and agreed by Proposer that the City reserves the right to reject
any and all Proposals, to make awards on all items or any items according to the
best interest of the City, and to waive any irregularities in the RFP or In the
Proposals received as a result of the RFP. It is also understood and agreed by
the Proposer that by submitting a proposal, Proposer shall be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a contract has en agreed to and signed by both parties.
RFP NO. 37-04105
DATE: 8/3105
22
CIlY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-G4105
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
f(~~f:J fiember
/1 iJ 1 IDS--
Date I
,\ L
~ J._-J":- _ '---
. II< - J!r4( }y:t!~ mild ~l" Lo(.
P pq er- Name
f~}k"-
Date
RFP NO. 37-04105
DATE: 813105
23
CITY OF MIAMI BEACH
o ECLARA TlON
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this ,; ?"-day of IhJuJ I-
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
,2005.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
~. .
/ fJX'I~ I- aDEn SIGNATURE
..~ PRINTED NAME
l;2iJ/~IeLJ
TITLE (IF CORPORA liON)
RFP NO. 37-04/05
DATE: 813/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:~' ! C,_ L f mdrl 'r31Jrflu I -r
I r / ,,( T cvre -Ilpe ' ~I ~-I--',uc .
, /J
Principal Office AddreSSjtO:&v c..L.J . / fin
A~tlJf/C ~'f/l7)fP
"/ //
.- .....
OIIiei.1 Representative: J OJM Lrfl/J! 1f-
Individual
Partn~ircle One)
~~
If a COrDoration. answer this:
When Incorporated: 31i 73
In what State: J I cL -t
/ft.:7,(j(
If a Foreian COrDoration.
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DATE: 813/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business: I y
,
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No t-f'
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DATE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
D6
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No (y---
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5.
Person or p~ons interested in this bid and Qualification Form have ( )
have not (-ybeen convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest: j)()I<J E
A. List all pending lawsuits:
RFP NO. 37-G4/05
DATE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B.
List all judgments fr~.m lawsuits in the last five (5) years:
AJ IJ-
I
C.
List any criminal violations andlor convictions of the Proposer
and/or any of its principals: 11 11
!J:!.Q /lJ ~
7. Conflicts of Interest The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.) ;0} )1+-
I
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
-Y91ut f) O/U~
RFP NO. 37-04/05
DATE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
IF INDIVIDUAL:
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Print Name of Firm
Signature
Address
Print Name
By:
General Partner
Print Name
Secretary
By:
Allest:~ .
President
(CORPORATE SEAL)
RFP NO. 37-04/05
DATE: 8/3/05
29
CITY OF MIAMI BEACH
~ E~\-\ \ ~'\T
~
-
-
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MA YOK AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLED ''LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPI'ER 2 OF THE MIAMI
BEACH CITY CODE ENTITI..ED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPWYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private firms contnlClS to provide services for
the public. The City also provides financial assistance to promote economic development and job
growth. Such expenditures of public money allo servo the public purpose by creating jobs,
expanding the City's economic base. and promoting economic security for all citizens; and
WHEREAS, such public expenditurel should be spent only with deliberate purpose to
promote the creation of full-time, pennanent jobs that allow citizens to support themselves and tbeir
families with dignity. Sub-poverty level wqes do not serve the public purpose. Such wases instead
place an undue burden on taxpayen and the community to subsidize employers paying inadequate
Wiles by providinl their employees with social services such as health care, housinl, nutrition, and
energy assistance. The City has a responsibiJity when spending public fundi to set a community
standard that pennits full-time workers to live above the poverty line. Therefore, contractors and
lubconb'BCton of City service contracts should pay their employees nothing leIS than the living waF
hemn described; and
WHEREAS, in addition to requiring liviDI wages for City services provided by private
finns, the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFOKE, BE IT DULY ORDAINED BY TIlE MAYOR AND THE CITY
COMMISSION OF THE CITY or MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Uvjna Wage Requirements for City Contrac::ts", of Article
VI, entitled "Procurement", of Chapter 2 ohhe Miami Beach City Code entitled "Adminislr8tion"
il hereby created to read as folJow:
10f9
Chapter 2
ADMINlSTRA TION
. oil .
Article VI. Procurement
. ... .
Division 6. Livin, Wa~e Requirements for Service Contracts and City Emplovees
. ... ...
Section 2-401.R....".
DeDnltloDl
(al "City" means the (J.ovcmment of Miami Beach or any authorized a,epts. anv board.
.seney. commission. department. or other entilY \hereof. or any successor thereto.
lb) "CQvenld BmDlpyee" mean. anYOne emDloycd by the City or any Service Contractor. as
further defined in thi. Division. either full or part time. as an clIlolovec with or without
benefits or.1 an independent cO)1lr1!;tor.
(cl "Covenld Bmplo\'er" mean. the City and Iny and 111 Service Con~ctora. whetber
contnctinJ directly or indirectlv with the City. and subcontractora of a Service Contractor.
(d) "Service Contractor" is any individual. business ~tity. corporation (whether for Drofit
or not for profit). Qartnenhip. limited li&bili\)' company. joint venture. or similar busincss
who is conductin, businels in ~ami Beach~ or Miami Dade County. Ind meets one (1) of
the two (2) followin, criteria:
(1) The Service Contractor is:
(a) pi@d in whole or oart flOm one or more of the City's" Jener.'- fund:
clU)ital project finds. ~aI reyenue funda. or illY other funds either
directly or indirectly. whether bv CQmDetitivc bid procell. informal
biela. maueall for pooosaIl.lOme (ann of solicitation. "elod.tion. or
alfC'OmcnL or any OIher deciaiqo to enter into. contract: or
(b) cnpled in the bUlincu of. or part of. a contnct to provide. a
subcontract to provide. or sinUllrly situated to Drovidc. servicel.
either directly or indilecdv for the benefit of the City. However. this
does not au>JJly to contract. related primarily to the sale of producls or
&225IL
tel "Covered Serviccs" are the lvoe of service. pUlChued bv the Ci~ that an: sublect to the
mquiremenu of this DjyiaJon which include the foUowin,:
Cl) City Service Contracts
Conlnlcts involvin, the City's expenditure of over $100.000 per year and which
include the foUawi", ~ of aervps:
n) rood p-e.paration aodIor distribution:
(21 aecurl~y lerYica:
(3) routine maintenance services such U cUltodial. cleaning.
cOD\Puten. refuse removal. rqpair. refinilhin.2. and recvcling:
20f9
..
(41 clerical or other non-supervisory office work. whether J.eOlROrary
or pennanent;
(5) transoortation and pkin, services;
(6) printin, and rc,production services:
(7) landscapine. Lawn. and or .,ncultural services: and
(8) park and public placc maintenaU9c
(21 Should InY services that lln! bein. nerfonned by Citv Emnlovees at the time ~is
ordinance ia en~ed. be .olicited in the future by the Citv to be nerfonned bv a
Service Contr~tor_ _uch ser\!~ces shall be Covered Services subiect to this Diyision.
SECTION 2~8. Reel",ed LIVING WAGE
ell Lh1na Wan Paid.
(1) Servk:e ContndD~.
All Service Contractors. as defined by this DiYision_ cnterini into a contract with till(
City of Miami Beach shllllH'v to all ita employees who provide services covered by
thi. Division. a Iivin, wave of no less than 58.56 an hour ~ith health benefita. or a
livin, wa,e of not leas than $9.81 an hour without hcalth bcn~tl. u described in
this Seeliolll
(21 Cltv EmDloYlllL
Por Ci~ BmDloyees under the City Day plan. thc City will bopo to p~ a livin, W.2C
consisIent with the IlOall and terms of thi.Division on phase-in basis beJinnin, in
the 200 J -2002 City buded Yt;ar- iD~.II.in, on an annual basil incremcnt811Y so that
the Livin, Wq.e i. fully inwtemegted for CiCy employee. in the 2003-2004 City
budJct year as m~ be adjusted pursuant to subaec(tion ee) below. Thereafter. the
Living: WaRe to be DBid ~y the Citv to iu emDloWB &hall not be subiect to the annual
indexing: ulinll the Conaumq- Price Index. fqr 8n UIbu ConllUmMl CCPI-ID RlOuired
under aubsectiOll eel ~Iow and inRtud shall be .ubject to nesrotiatiOOl within the
collecth,e banr~ining: s~ture.
(b) Health Benellll. For I Covered BlIlIlover or the City to COtQDJV with the Jivin, wa2C
Dl'Ovision bY choosin, to pay the lower wq.e lCIIe available when a Covered BmplOF also
provides health benefit.. such health benefits shill consist of paYment of at leut $1.25 per
hQJJI' towards the provision of health tam benefits for Covered Ernployeel and their
de,pcndents. If the health benefits plan of the Covered EmploYer or the City rcauirea an
initial period of emplovment for a new employee to be climble for health benefitl (eIilibililY
~riod) .~ Covered ElnDJOvcr or City tna, GQalifv to DIY the SS.S6 per hour w_p acale
durin, the new mIlplovee's initill eli,ibilit)' period provirWI the new employee will be ~d
health benefit. upon completion of the elilibility period. Proof of the provision of health
benefit. J1)ust be submitted to the awardin, authority to qJJllify for the waee rate for
emplQ,yee1 with heJlth be.~
ec) Indexln~ The liyjnll. W82C win be automaticlllv indexed CICh yearusin, the Consumer
Price Index for all Urban Conlumcn lCPI-tn unless the City Commission determines
it would Qot be fiscally sound to iuwlement the CPI-U in a ~~uJar year.
3of9
Cd) Certification Reau.red Before Pavment. Any and all contracts for Covered Sen'jce~
shall be void. and no funds may be released. unless prior to enterin2 anv alZJ"OCment with
the atv fot 8 Covered Servia:a contract. the ern.ployer certifies to the City that it wiJI Day
each of itl ernplQyeeS no less than the livin.. w.~e described in S~tion 2-408 (a), A
cop)' of this certificate must be made ayailable 10 the public upon request. The
c~rtificate. at a minimum. mUll include the followimz:
(1) the name. Address. and phone number of the employer. a local contact
person. and the specific proiect for which the Covered Services contract
is soumt:
(2) &he amount of the Covered Services contract and the City Department the
contract will serve:
(3) a brief description of the proiect or service provided:
(4) a statement of the wa,e levels for all emoloyecs: and
(S) a commitment to pay all errwJoYCCS a livin, walle. as defined by
DIlIUr8ph Section 2-408 (a).
ee) a_natloD or Other Law.. Every Covered Employee shall be oaid not leiS than
biweeklv. and withoutlubscaucnt deduction or rebate on any account (excc;pt as such
DavrolJ deductions as arc directed or permitted by Jawor by a coUectiye blllainin,
apeemenU. The Covered Employer shall pay Covered EnlPloyees wae rates in
accordance with federal and all other applicable laws such as oyertime and similar waF
laws.
(Il PoatIn.. A cOPy of the Ii yinl!: WiRe rate shall be kept polted by. the Covered Emoloycl
,t tbe site of the work in I prominent place when: it can euilv be seen and read bv the
Covered BmJ)JO)'eC1 and shall be ~ied to the lmlPloyee within a reasonable time after
a request to do 10. Poltina reQuirements will not be required where the Covered
En1plovcr prints the followinll statements on the fmnl of die Covered Employee's finl
~eck and every six montha theJeaftt:r: "You an: l'CQuircd by City or Miami Beach Jaw
to be })lid at least SB.S6 dollan an hour. If you are not paid this hourly rate. contact YOUr
emplo\'el'. an attorney. or the City of Miami Beach." All notices will be printed in
EnJlilh. SDHni.h. and Creole.
(Jl CoIJeedye ......nlDlr. Nothina in this Division shall be read to ~re or authorize any
Covered Brnplo.,yer to reduce WI.,I set by a col1cc\jve bqainin, a,reemenl or arc
reauired under any prev.iUn, waJe law.
40f9
SECTION 2-409. Re&erved
IMPLEMENTA TION
eal Procurement SDeclftca\jons. The livimz waJJe shall be required in the DfOCurement
specifications for all City service contracts for Covered Services on which bids or Dl"QgpsalS
shall be solicited on or after the effective date of this Division. The Drocuremcnt
loccifications for ap,plicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractoD agree to produce all documents and records
rclatin, to payroll and compliance with this Division upon reQuest from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective. shall be subiect to the reauirements of this Division.
(b) Information Distributed, All reQuests for bids or Rque.ts for DI'ODOsals for Covered
Services contracts of $100.000 or more shall include aooropriate infonnation about the
requirement' of this Division.
ec) Maintenance of PayroU Reeordl. Jl.Al!b Covered Bmolover shall maintain oavroUs for
all Covered Employees and basic records reladnlr: thereto III1d shaJJ preserve them for a period
of three (3) vean or the tenn of the Covered Services contract. whichever i, l!I'Cater. The
record.lhaU contain:
(I) the name and address of each Covered Employee:
(2) the iob title and clulification:
(3) the number of hours worked each ~:
(4) the ems' wacs earned and deductions made:
(S) annual wAles paid:
(6) a cQ9v of the lOCi,1 security returns and evidence of Davment
th~of:
(7) a record of fnnlle benefit payments includinR contributions to
ap-provcd plana: and
(8) any other data or intonnation this Division shoQld require from
time to lime.
Cd) ReDOrdna Payroll. Everv six (6) months. the Covered EmD)over shall file with the
Procurement Director a comnlele oavroll .howinsr the Covel'l!d Bmnlover'. oavroll
records for each Covem:l Ernolovee worItinsr on the contractt's) for Coyl!l'l!ld Senticel for
one oavmll oeriod. Ugon rec:luest from the City. the Covered Bnwloyer shall produce
for inspection and cOJ'yin, its DavroU JeCOrds for any or all of it. Covered Employees for
any period covered bv the Coven:d Service contract. The Citv may examine navroll
records as needed to ensure compliance.
SBCTION 2-410. RlleR_
COMPLIANCE AND ~ORCEMENT.
ea) Service Coatnctor 10 Coooerale. The Service Contractor shall oennit City emolovees.
apll. or re,preaentativea to observe work beinR performed aI. in or on the proiect or matter
for which the Service Contractor has a contract. The City ~resentative. mav examine the
boob and records of the Service Conlractor mlalin, to the emploYl1lCDt and 9~JI to
detennine if the Service Contractor is in cQmDliance with the provisions of this Division.
.5 of 9
. Cb} ComDJlint Procedures and SBDctloDS.
{n An employee who believes that this Division IlQplies or apolicd to him or her and
that the Service Contractor. or the City. i8 or wu not cOlQl)lyinJ. with the
requirements of this Division has 8 ",ht to file 8 complaint with the Procurement
Director of the City. Complaints by employees of a])eied violations may be made
at any 1i0000e and shall be investipted ~ithin thirty (301 ~ys ~ the City. Written and
oral statements bY an employee shall be treated as confidential an~ shan not be
disclosed wj1J1Qut th~ written consent of the employee to the extent ,IJowcd pY \he
Florida Statutes.
(2l Any individual or entity may also file a complaint with the Procurement Director
of the City on behalf of an cmplo\IeC for investigation bv the City.
(3l It ,hall be the m8l'Onsibilitv of the City to investil!8le all alleptions of violations
of this Division within thiny (30) daYL If. at any time. thp Cie,y. qpon invcati,ation
determinel that a violation of this Division has occumcl. it shill. Within Ien nOl
workin, days of a finmn, of non-corqpliance. issue a notice of corrective action to
the efl\Ployer ~ifyinll all areas of non-comolianc:e and deadlines for raolulions of
the identified violatioRs. If a Service Contractor fails to comply with .ny notice
iSl'~. the City Man.,er or the City Man.r', ~.i,"ee may iSl~ an order in
wrilinR to the Service Contractor. by certifi~ mail or hand delivery. notifvinl: the
Service Contractor to .p,pear at an Bdminiatrali ve heann, before the City Man.,cr
or the City ManaRet's dcsienee to be held at a time to be fixed in such order. which
date shall be not less than five (S) days after service themof.
(4) The proccedin,. ahall be infonn,l. but ahall affQrd the Service Contractor the
niht to testify in the Service Contractor's own defense. present witnesses. be
nmreICnted by counsel. submit relevant evidence. cross examine witn~ses and
object to evidence.
(5) The proceedi"., shan be recorded and minutel koot by the CiW. Any Service
Contractor reQuirinR verbatim minutes for iudicial review IlJIY arran,e for the
lCI'Vicca of a coun reDOner It the ex.oense of the Service ~ontractor.
(6) Within ten (10) ~ of the close of the hellin" the CiJY Manqer or the City
MIIftA......' deaipee shall render a decision in writjn, dctepmioiq whether or nol
the Service Contractor i. in compliance. or whe~r 0lt1~ actiQll th01&Jd be Caken.
or whether tbe matter should t?c continued. II the cue may be. and It8lin2 the
Ruonl and findinp of fact.
m The GilY Manuer or the City Man.pr"s deliancc shall file findinaa with the
City Clerk. aqd sb-JI send a tnJe and CDmlCt ~y of hit order by certified mail.
return receipt requested. or by hand dclivea:y. to the buainels address II the
Service Contractor shall desisn81e in writinS.
(8) The City Manqer's or dcsipec's tinctinn shall constitute the final
administrative action of the City for purooscs of judicial review under state law.
60f9
(9) If a Service Contractor fails to seek timely appellate review of an order of the
City Mana2er or the City Manaszer's desil"ee. or to complv timelv with such
order. the City may Dursue the enforcement of sanl=tions set forth in Section 2-
4JO (c).
Cel PrJYa~ RJGi'ht or Adlon A_lut Sel"Yl~e Contraetor Anv Covered EmoJovee of Qr
former Covered Hmolovee of a Service Contractor may. instead of wiliziDll the City
adminiltrative DrOCedu~ set forth in this Division. but not in addition to such omcedure.
brinR an action bv filinlZ suit aRldn.t tile Covered EmDlover in any court of eomnetent
iurisdiction to enforce the nmvi$ions of this Division and may be awanted back oav. benefit$.
attomev's fees. and costs. The a~lieable IIt.tute of limitations for such a claim will be two
(2\ wars .. nmvitIM in Florida Statutes Section 95.1 H4llc\ for an action for oaYrnent of
waftt. The court mav allO impose sanctions on the Service Contract9J". ineludinfl those
oenona or entitie. aidin2 or abetting the Service Contractor. to include walle 1Cltitution to
the affected Cove~ Bmoloycc and damaRes Davable to the Covered. Emnlovee in the sum
or un to $500 for each week each Service Con,ractor is found to have violat".d this Divisioo.
Cd) Sandlo_ Auln.t Service Contndon. For violalions of this Division. the Citv shall
sanction a Service Contractor bv ~uirin, the Service Contractor to pav waae restitution
at the employen expense for each affected employee and may a~sl the followin,:
(1) The City m"Y im~ damlU!.CS in the awn of $500 for each week for each
emD)ovee found to have not beep paid in accordance with this Division~
andlor
(2) The City may-susoend or terminate DaYmcot under the Covered Services
contract or terminate the contt'let with the Service Contnctor: andlor
(3) The City may declare the employer inelilible for future service contracts
for three (3) years or until all nenaltics and restitution have been paid in full.
whichev~r is long,er. In addition. all er11oloyen shall be inelipble under this
section where principal officers of the employer we~ principal officcn of an
emplQY9r who violated this Division.
ee} Public Rec:otd of Sanctions. All such sanctions recommended or imoosed shaH be a
. matter of public record.
en SancUona for AldlDl! and Abettin2. The sanctions in Section 2-410 ee) shall also aonly
to any party or parties ahlin, and abettin, in any violation of this Division.
Cll Rer.u.~n aDd Dlscrlmlnadon Barred. A Covered BmDlover shall not dischU2e.
11KIuce the conwensation. or otherwise discriminate apinll any Covered EmDloyee for
maldn. a colI\Plaint to the Ciav. or otherwise aslCltin, his or her riRhtl under this
Diyjlion. parlicipatina in any of its proceedinp or usin, any civil remedies to enforce
pis or her rifhtl under this Division. AII<<~Il8lions of retaliation 01' dillCrimination. if found
true in a proceedinJ under paruI1U)h (b) or bv a court of competent iurisdiction under
p...,.,h ee). shall result in an order of restitution and rein.tatcment of a dilchaflzed
Cove~d EmpJoycc with back pay to the date of the violation or such other relief as
deemed appropriate.
70f9
~
:
(h) Enforcement Powers. If necessary for the enforcement of this Division. the Citv
.\.......". Commission mav issue subooenas. compel the attendance and testimony of
witnoalea and oroduction of books. DlDen. recorda. and documentl relatin, to pavrolJ
records necessary for hearin2. inveatiJations. and proceedinp. In case of disobedience of
the lubpoenL the City Anomev may apply to a court of competent iurisdiction for an order
fCQuirin2 the attendance and testimony of witnessea and Droduction of books. Plij)Crs.
records. and documents. Said court. in the cue of the rerulat to obey such lubJ)Oena. after
notice to the person sub,poenaed. and upon flndin, that the attendance or testimony of such
witnesscs of thc production of such boob. Diners. records. and documcnts. 81 the case may
be. is relevant or necess~ for such heari",s. investiptions. or proceedin,s. may issue an
order requirin2 the attendance or testimony of such witnesses or the production of such
documents and anv violation of the court', order may be punishable by the court as contelr\pt
thereof.
(j) Reaaedla Herein Non.EuIUlIve. No remedv set forth in this Division is intended to
be exclusive or a preRlQJJisite for assertin, a claim for relief to enforce the ripts under this
Division in a court of law. This Division ahaIl not be construed to limit an emplovcc's ript
to brinK a common law cause of action for wrongful termination.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same arc hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
r'emainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
he~by ordained that the provisions of this Ordinance shall become and be made a part of the Code
C?fthe City of Miami Beach, Florida. The sections oflhis Ordinance may be returned.
80f9
SECTION 5. EFFECTIVE D^ TE.
This Ordinance shall take effect on the 28th day of Aprll , 2001.
PASSED and ADOPTED this .l!!!!.. day of April, 2001.
ATfEST:
1/f1J MAYOR
fZtllCuY fa L c.1~
CITY CLERK
1st reading
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM'" LANGUAGE
'" FOR BXECUfiON
r- ~7-o'_
Due
lOIN'_~_~W"___,,
90f9
ORDINANCE NO. 2003-3408
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED
lIADMINlSTRATION"; BY AMENDING ARTICLE VI.
ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6.
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b), ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE uELlGIBILlTY PERIOO", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE
THE $8.H PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City award, contracts to private firms to provide serVices for the
pUblic and also provides financial assistance to promote economic development and job
growth; and
WHEREAS, such expenditures of public money also serve a public purpose by
creating jobs, expanding the City's economic base, and promoting economic security for all
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
to promote the creation of full-time, permanent jobs that allow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care, housing, nutrition, and energy assistance; and
WHEREAS, the City has a responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore, contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS. in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City
employees. .
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and CIty Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is
hereby amended to read as follows:
Chapter 2
ADMINISTRATION
. * .
Article VI. Procurement
* . *
Division 6. Living Wage Requirements for Service Contracts and City Employees
. * *
SECTION 2-408. LIVING WAGE
... ... ...
fit) Hlalth 8Ift.tlts. Fer a C9\'8red eMpleyer or the City 19 eemply wit.. '''e li'liAg wage
line....sioA by cheesiRIJ tG pay the 1o..\I8r '.Nege seale available ,,".AleR a Cw.~eF8d IilRpleyer
alse pF9vkte8 health beRefits, Iweh health HARta etlall seAliat 8f paYMeRt 9f at least
$1.2& per hey, towards .tle pF9\fisleR 9f health sare beFlefi18 fer eSt.'e,. Empleyee8 and
their depeFl"entB. If the heal~ bORefits plaR 9f the Ce\'ered impleyer 9r th_e City FfHtwlF8B
aR IRltial pened of empleymeAt for a Rew SMpleyee te " eligible fer health beAefit6
(eligibility penecl) swch ell...."" IifApleyer sr city may 't..al~'le pay the $8.61 per hewr
wage 8eal. "WR. the A""lempleyee'. eligibility p,FiGS pwM.& the AWN efApleyee will be
pal" healtt=l ~eAefi&& ~peA G8Mpl8lleR of the ellgi~JJlty peAe". Preef ef the previ8ieA ef
t=lealth 8eAefk ",yst be swbmltted te tt:le awarctlAI awtheFIIy to "..silly fer t"e '".'age Fate for
."'pleya.B \oJith health benefits.
lbl Health Ben.f)": ellalbllllY oerlod. For a Covered Emplover orth. CItv to comDlv with
the living wag. orovlsien bv chooslna to oav the lower wace Beale available when s
;::red EmDlover also orovides health benefits. such health benefits shall consist of
__ ent of at le8st $1.25 Der hour toward the provision of health benefits for Covered
Emolovee_ and their deoendents.
If th~ h:lt~ benefits 018n of the Covered Emelover or the City reQuires 8n initial oerlod of
e~,;Io~ t for a new emolov88 to be eliaible for health benefits (eliDibllltv Derlod) the
"__C!_ DlOvlslon shan be comDlled with a6 follows during the eliciblllty Deriod:
(1) P:Vid:d the new emDlovee wHI be DaJd health benefrts uoon the comel_lion of
th_ :~I-:itV Defied. a Covered EmDlover or the CItv mav onlv aualify to DSV the
S8,__ _r hOurwace scale for a term not to exceed the first nlnetv (90) daYS of
the new emDlovee's eligibility Deriod. said term commenclna on the emDloV8e's
date of hire.
(2) If the Covered EmDloyer's or the City's eliaibllltv Deriod exceeds the ninety 190}
day term Drovided In subsection (1) 8~e. then the Covered Emolover or the
City. commenclna on the ninety first (91 ) dav of the new emolovee's eli91bilitv
oerlod. must commence to Dav a living wace of "at less than $9.81 an hour.
Proof of the orovislo" of health benefits must be submitted to the awardinc authorltv to
9ualifv for the wace rate for emolovees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repeated.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or prevision of this Ordinance Is held invalid, the
remainder shall not be affected by such Invalidity.
SECTION 4. CODIFICATION.
It Is the intention of the Mayor and City Commission of the City of Miami Beach. and it Is
hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of the City of Miami Beach. Florida. The sections of this Ordinance may be
returned.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this 30th
,2003.
ATTEST:
MAYOR
tfl,wt fiM rM.v
CITY CLERK
..."...,....,...
1 st reading
2nd reading
,,~Al1O
POfIM aLANGUAGI
alQlllXlCU'l1ON
TMGENOA\20031apr0903\nIguJal\Llvlng Wage Prob Per CM 03 anI.doc