HomeMy WebLinkAboutUnion Temporary Service, Inc Agreement
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
UNION TEMPORARY SERVICES, 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 //11. day of MNI//IIlI1 ,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 UNION TEMPORARY SERVICES, INC.
(hereinafter referred to as Contractor), a Florida corporation, whose address is 3325
Hollywood Boulevard, Suite #503, Hollywood, Florida, 33021.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Contractor.
City Manager:
The Chief Administrative Officer of the City.
Contractor:
Forthe 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.
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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.
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SECTION 3
COMPENSA TION
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
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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.
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4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-contractors, or any other person or entity acting under Contractor's control,
including without limitation any and all temporary personnel assigned to the City
pursuant to this Agreement, in connection with the Contractor's performance of the
Services pursuant to this Agreement; and to that extent, the Contractor shall pay all
such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The parties agree that one percent (1 %) of the total compensation to the
Contractor for performance of the Services under this Agreement is the specific
consideration from the City to the Contractor for the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its
violation of the particular terms of this Agreement and shall grant Contractor ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the
City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Contractor. The City, at its sole option and discretion, shall additionally be entitled to
bring any and alllegallequitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
to bring permissive counter claims against the City in any such action.
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4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND
OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR
PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO,
AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S
SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY
AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BYTHE CITY AT
ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER,
THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR
SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS
REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Contractor
under the Agreement until the Contractor complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall
be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Contractor. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City.
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4.8 AUDIT
Contractor shall keep such records and accounts and require any and all
subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall
be available at all reasonable times for examination and audit by the City and shall be
kept for a period if three(3) years after the completion of all work / Services to be
performed pursuant to this Agreement.
The City reserves the right to perform audit investigations of the
Contractor's payroll, and any other records, of employees assigned to the City. The
City's audit rights shall include, without limitation, ascertaining Contractor's compliance
with screening, interviewing, testing, and training requirements( pursuant to subsection
2.3) and the City's Living Wage Law. Contractor shall maintain any and all records
necessary to document compliance with the provisions of this Agreement, and shall
make available to the City, upon request; such records for audit and examination
relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
Contractor shall obtain, provide and maintain during the term of the
Ag reement the following types and amounts of insurance which shall be maintained with
insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these
requirements must be approved by the City's Risk Management Department prior to
implementation of same):
1. Commercial General Liability: A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property
damage in the amount of a combined single limit of not less than $1,000,000
Coverage shall be provided on an occurrence basis. The City of Miami Beach
must be named as certificate holder and additional insured on policy.
2. Worker's Compensation: A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as
required per Florida Statutes.
Said policies of insurance shall be primary to and contributing with any
other insurance maintained by the Contractor or City, and shall name the City and the
officers, agents and employees of said organizations as additional insures under this
Agreement. Policies cannot be canceled without thirty (30) days prior written notice to
the City.
The Contractor shall file and maintain certificates of all insurance policies
with the City's Risk Management Department showing said policies to be in full force
and effect at all times during the term of the Agreement. No work shall be done by
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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.
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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).
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Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR:
Union Temporary Services, Inc
Attn: Wendy M. Blanton
Vice President
3325 Hollywood Boulevard, Suite #503
Hollywood, Florida 33021
(954) 893-1141
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
By:
llilwJ p~
City Clerk
Robert Parcher
ACH, FLORIDA
FOR CITY:
ATTEST:
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Date
sYprb-7Mg./Ee ~/ ?-tJot
Date
FOR CONTRACTOR:
UNION TEMPORARY SERVICES, INC.
ATTEST:
BY:~ p.,.ifJ~
Secretary
Vice Pre i ent
al Signature/Title
Melissa McCoy
Print Name
Wendy M. Blanton
Print Name
August 16, 2006
Date
August 16, 2006
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
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Miami Beach
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CITY OF MIAMI BEACH
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-
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.goY
PamelaLeja@miamibeachfl.goY
PHONE: (305) 673-7490
FAX: (305) 673.7851
RFP NO. 37-04/05
DATE: 8/3/05
1
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
w\ovw .miami beachfl.gov
-
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No. 37-04/05
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on
August 31, 2005 until 3:00 p.m. for:
TEMPORARY PERSONNEL SERVICES
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30
A.M. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY
HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORI DA.
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.asp 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~miamibeachfI.Qov. All responses to questions/clarifications will be sent to
all prospective proposers in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE
NO. 2002-3378. A COPY OF ALL WRITTEN 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 1"0 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/bidi ntro. asp.
CITY OF MIAMI BEACH
. ~.",
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 37-04/05
DA TE: 8/3/05
3
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
'A'WW miamibeachfl gOY
PROCUREMENT DIVISION
Telephone (305)673-7490
F'C:llmile (305)673-7851
NO PROPOSAL
RFP No. 37-04/05
I NOTICE TO PROSPECTIVE PROPOSERS
If not submitting a proposal at this time, please detach this sheet from the RFP
documents, complete the information requested, and return to the address listed
above.
NO PROPOSAL SUBMITTED FOR REASON{S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_ OTHER (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposal .2! this completed form, may
result in your company being removed from the City's bid list.
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CITY OF MIAMI BEACH
TABLE OF CONTENTS
SECTION PaQe(s)
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-14
III. PROPOSAL FORMAT 15
IV. EVALUATION CRITERIA 16-17
V. GENERAL PROVISIONS 18-19
VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY 21-29
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32
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CITY OF MIAMI BEACH
SECTION I . OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work 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 num,ber, RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
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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.
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CITY OF MIAMI BEACH
H. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the
City, or any work performed in connection therewith, shall be the sole
responsibility of the Proposer(s) and shall not be reimbursed by the City.
I. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what alternative is being offered. The City, at its
sole and absolute discretion, may accept or reject the exceptions. In cases in
which exceptions are rejected, the City may require the Proposer to furnish the
services or goods originally described, or negotiate an alternative acceptable to
the City.
J. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response
to this RFP will be available for public inspection after opening of Proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
K. 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.
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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 I may result in forfeiture of that portion of any surety required as
liquidated damages to the City. VVhere surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
o. CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer,
director, agent, or immediate family member (spouse, parent, sibling, and child)
who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an
interest of ten (10%) percent or more in the Proposer or any of its affiliates.
P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws. as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions, as prescribed herein, in addition to disqualification of their
Proposals, in the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
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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, RFLI, or bid.
V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee, or through any other
person, to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. No candidate, or campaign committee of a
candidate for the offices of mayor or commissioner, shall solicit or receive any
campaign contribution from a person who is a vendor to the City, or through a
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CITY OF MIAMI BEACH
member of the person's immediate family, or through a political action committee,
or through any other person on behalf of the person. This prohibition applies to
natural persons and to persons who hold a controlling financial interest in
business entities.
w. CODE OF BUSINESS ETHICS
Pursuant to Resolution NO.200Q-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
x. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
Y. ACCEPTANCE OF GIFTS, FAVORS. SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
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CITY OF MIAMI BEACH
SECTION" - SCOPE OF SERVICES
A. GENERAL
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
B. TERM OF CONTRACT
The contracts shall commence after the approval of the Mayor and City Commission
. and shall remain in effect for a period of two (2) years. Providing that the successful
Agencies will agree to maintain the same terms and conditions of the contract, the
contracts may be extended for an additional two, one-year periods at the City's sole
discretion.
C. LIVING WAGE
Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide
services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour
plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or
a living wage of no less than $9.81 an hour without health benefits,
D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
The successful Agencies' hourly rates offered in their proposal submission shall remain
fixed and firm during the term of their contracts, subject to negotiation based on
Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinance rate increase.
E. PAYMENT
All Agencies supplying temporary personnel services to the City are required to furnish
the following information on Agency invoices for the personnel supplied:
1. Purchase Order number issued by the City's Procurement Division
2. Location of temporary services performed
3. Full name of individual performing the service
4. Job classification
5. Number of hours worked, by date
The invoices are subject to verification, approval, and processing by the department
requesting the temporary personnel.
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CITY OF MIAMI BEACH
F. WEAR OF UNIFORM
When temporary personnel are assigned to working events with the general public, they
will be required to wear a uniform or a vest with the Agency's name and logo on it.
G. TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee, damage fees (temporary to
permanent charge) shall not be assessed.
H. PAYMENT
The basis of the amount of the payment shall be the hourly rate per hour times the
number of hours worked. Overtime will be considered after forty (40) hours of work per
week according to the Fair Labor Standards Act. The hourly rate quoted includes all
overhead, profit and benefit costs to the Agencies, including employee's hourly rate,
which will be in accordance with the City's Living Wage Ordinance.
I. PERSONNEL INTERVIEW AND SELECTION
The City's representative(s) and successful Agencies shall mutually agree on the job
description, minimum qualifications, duties and responsibilities for each position as
needed. The City has the option to request more than one person at a time for any
specific assignment to interview and select the best candidate for that specific
assignment, at no cost to the City.
J. MIAMI BEACH ONE STOP CAREER CENTER
All temporary personnel services firms that are being recommended for award have
agreed to work with the One-Stop Career Center to recruit potential employees. By
working together with the Center, the City can insure a larger pool of qualified workers,
and support the work of the Center in helping secure gainful employment for
unemployed and under employed Miami Beach residents.
K. QUALIFICATION
In the event that any personnel from the successful Agencies assigned to the City are
found to be unqualified for any specific assignment, the City has the right to return such
employee at no cost to the City. The City shall be the sole judge of the individual's
qualification and its decision shall be final.
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CITY OF MIAMI BEACH
L. HOLIDAYS
The City's holiday schedule shall be observed. In the event that the City requires a
temporary employee to work on a holiday observed, the day shall be paid at the
overtime rate. It is the responsibility of the using DepartmenUDivision to notify the
temporary Agencies prior to a temporary employee working on Saturday, Sunday,
Holiday or any overtime,
M. EMPLOYEES ARE RESPONSIBILITY OF AGENCIES
All employees of the Agencies shall be considered to be, at all times, the sole
employees of the Agencies under its sole direction and not an employee or agent of the
City. The Agencies will supply competent and physically capable employees. The City
may require the Agencies to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on the
City's property is not in the best interest of the City. Each employee shall have and
wear proper identification. The employees utilized under the resulting contract will be
provided with and shall follow all policies and procedures of the City.
N. SCREENING, INTERVIEWING. TESTING AND TRAINING
The Agencies will be responSible for screening, interviewing, testing and training to
include, but not be limited to:
1. In-depth interview that includes job preferences, experience, goals, interests,
attitudes, motivation and other work-related attributes.
2. Job-related tests to include typing and communication skills.
3. Background checks to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds).
4. Verification that their employees are not convicted sex offenders.
5. Training employees on the City's Service Excellence program.
o. AUDIT
The City reserves the right to perform audit investigations of the Agencies' payroll and
related records of employees assigned to the City to ascertain that such employees'
records indicate payment received for the specific hours worked for the City pursuant to
the Living Wage requirements,
P. TEMPORARY POSITIONS
The required listing of temporary positions and their associated job descriptions is
included in this RFP and labeled 'Temporary Personnel Services Position Descriptions."
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CITY OF MIAMI BEACH
SECTION III - PROPOSAL FORMAT
The items marked by an asterisk (*) are required as part of the Proposal. If these items
are omitted, Proposer must submit within five (5) calendar days upon request from the
City, or the Proposal shall be deemed non-responsive. All other items must be
submitted with the Proposal or it will be deemed non-responsive.
1. *Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures.
All pages must be consecutively numbered and correspond to the table of
contents.
2. *ProDosal Points to Address:
Proposer must respond to all minimum requirements listed below. Proposals
which do not contain such documentation may be deemed non-responsive.
. *Introduction letter designating areas of proposed services and sufficient
information as to the qualifications of the proposer.
. Respondents shall submit documents that provide evidence of capability to
provide the services required as part of their submittal package.
. *Respondents shall indicate how many years of experience their firm has in
providing temporary personnel services.
. Respondents must provide documentation which demonstrates their ability to
satisfy all of the RFP requirements.
. Respondents shall include their procedures for screening, interviewing,
testing and training employees that will be placed with the City.
. *Client references. List at least eight client references (name, title, company,
address, telephone, 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~ob descriptions.
4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer
Information forms;
5. *Any other documents required by this RFP.
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CITY OF MIAMI BEACH
RFP NO. 37-04/05
DATE: 813/05
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
100 points
6, After considering the recommendation(s) of the Evaluation Committee, the
City Manager shall recommend to the City Commission the proposal or
proposals acceptance of which the City Manager deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any
case, City Commission shall select the proposal or proposals, acceptance
of which the City Commission deems to be in the best interest of the City.
The City Commission may also reject all proposals.
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CITY OF MIAMI BEACH
8. Negotiations between the selected proposers and the City Manager take
place to arrive at a contract or contracts. If the City Commission has so
directed, the City Manager may proceed to negotiate a contract or
contracts with a proposer or proposers other than the top-ranked proposer
or proposers, if the negotiations with the top-ranked proposer or proposers
fail to produce a mutually acceptable contract or contracts, within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection,
10, If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s} after the selected proposer(s) has, or have, done so.
Imoortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point during
the aforesaid evaluation/selection process until and unless a contract has been
agreed to and signed by both parties.
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CITY OF MIAMI BEACH
SECTION V . GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants,
or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any
or all of its right, title, or interest therein, or its power to execute such contract to
any person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold
harmless the City of Miami Beach and its officers, employees, and agents, from
and against any and all actions, claims, liabilities, losses and expenses, including
but not limited to attomeys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of the successful proposer. its employees, or agents in connection with
the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
c. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon
have the right to terminate the services then remaining to be performed by giving
written notice to the successful proposer of such termination which shall become
effective upon receipt by the successful proposer of the written termination
notice.
In that event, the City shall compensate the successful proposer in accordance
with the Agreement for all services performed by the proposer prior to
termination, net of any costs incurred by the City as a consequence of the
default.
Notwithstanding the above, the successful proposer shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the Agreement by the proposer, and the City may reasonably withhold payments
to the successful proposer for the purposes of set off until such time as the exact
amount of damages due the City from the successful proposer is determined.
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful
proposer of such termination, which shall become effective thirty (30) days
following receipt by proposer of such notice. In that event, all finished or
unfinished documents and other materials shall be properly delivered to the City.
If the Agreement is terminated by the City as provided in this section, the City
shall compensate the successful proposer in accordance with the Agreement for
all services actually performed by the successful proposer and reasonable direct
costs of successful proposer for assembling and delivering to City all documents.
No compensation shall be due to the successful proposer for any profits that the
successful proposer expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the successful proposer
upon a termination as provided for in this section.
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CITY OF MIAMI BEACH
SECTION VI- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain, provide and maintain during the
term of the Agreement the following types and amounts of insurance which shall be
maintained with insurers licensed to sell insurance in the State of Florida and have a B+
VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to
these requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage
in the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as
certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers,
agents and employees of said organizations as additional insured while acting within the
scope of their duties but only as to work performed by the Selected Proposer under this
Agreement. This policy cannot be canceled without thirty (30) days prior written notice
to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with
the City's Risk Management Department showing said policies to be in full force and
effect at all times during the course of the Agreement. No work shall be done by the
Architect during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers of carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident, occurrence, claim
settlement or judgment against such insurance which may diminish the protection such
insurance affords the City. Selected Proposer shall further take immediate steps to
restore such aggregate limits or shall provide other insurance protection for such
aggregate limits,
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
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20
CITY OF MIAMI BEACH
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO THE CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal
form, pursuant to the "Personnel Services Position Descriptions" herein.
Proposers are not required to submit pricing for all positions/job
classifications.
4. Declaration
5. Questionnaire
RFP NO. 37-04/05
DA TE: 8/3/05
21
CITY OF MIAMI BEACH
PROPOSER INFORMATION
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
QUESTION NAIRE
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
DA TE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
Genera' or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
t. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No ( )
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DA TE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes () No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not ( ) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations: To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
RFP NO. 37-04/05
DA TE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
c. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Comm ittee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
RFP NO. 37-04/05
DA TE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
General Partner
Print Name
WITNESS:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
(CORPORA TE SEAL)
Attest:
Secretary
RFP NO. 37-04/05
DA TE: 8/3/05
29
CITY OF MIAMI BEACH
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1. Secretary I
Two years experience in secretarial and clerical work, Experience in meeting public and
ability to deal with customers using tact, poise, patience and courtesy. Knowledge and
experience in using MS Word, Excel, other MS office application programs. Must have ability
to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm.
2. Secretary II/Administrative Assistant
Three years advanced experience in secretarial and clerical work including transcription,
dictation and executive level experience. Experience in meeting public and ability to deal with
customers using tact, poise, patience and courtesy. Knowledge and experience in using MS
Word, Excel, other MS office application programs. Must have ability to work in a multi-
ethnic/multi-cultural environment. Minimum 40 wpm.
3. Clerk Tvoist
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 m ulti-ethniclmulti-cultural
environment.
RfP NO. 37-04/05
DA TE: 8/3/05
30
CITY OF MIAMI BEACH
6, Clerk 1/1
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. Bookkeeoer / Accountina 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 Reos I Comolaint Ooerator
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 Reps / Communications Operator
Entry level responsible telecommunications work in the Safety Communications Bureau.
Receiving, screening and relaying information for emergency and other calls utilizing a multi-
line telephone and a computer aided dispatch system or other means. Effective
communication skills, may include weekends, holidays, shift work. Must speak fluent English
and one other language, have ability to work in a multi-ethnic/multi-cultural environment.
10, Personnel Technician I
Complex clerical and technical work of a specialist nature. Interpretation of department
operations, policies, procedures, dissemination of information, maintains records and reports,
computes and compiles data; updates. Types forms, answers correspondence, prepares
notices and minutes of meetings. Knowledge of HR preferred.
11. Carpenter
Knowledge and skills in carpentry work at the entry level in the construction and finish work
including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electrician
Master Electrician's certification, prior experience with drawings and reading blueprints,
design an installation of electrical systems. Skilled work at the entry level as an electrician in
the construction, maintenance and repair of city facilities.
RFP NO. 37-04/05
DA 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. Ale Mechanic
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, ~nd related apparatus,
16. Painter
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
17. Buver
Specialized technical, clerical and administrative work in the purchasing of assigned
commodities, Reviews purchase requests, assists with procurement problems, and solicits
quotations, Enters information for issuance of purchase orders.
RfP NO. 37-04/05
DA TE: 8/3/05
32
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.goy
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 Tuesday.
September 6. 2005 at 3:00 pm Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 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. II is
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoorltradesman/manuallabor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: What is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes. Le. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information,
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not possible to verify the
accuracy of any of the information that Interpol receives,) If Interpol has received
any information, they would communicate this to the United States via the F.B.1.
Thus, a nationwide check would reveal such information.
Question #5: What type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5: A five panel test, which must have negative results, consisting of the following:
Initial Test Level
GS/MS Confirm
Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 ng/mL
300 nglmL
50 nglmL
2000 nglmL
25 ng/mL
500 ng/mL
150 ng/mL
15 ng/mL
2000 ng/mL
25 ng/mL
Addendum #1. 8/24/05
RFP 37..()4/05 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 37-04105 Temporary Personnel
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Associate
Members of
I~a
CONSTRUCTION
ASSOCIATION
of South Florida
P.O. Box 813847 Hollywood, FL 33081 · (954) 893-1141 · Fax: (954) 893-5445. (866) 788-9886 · E-mail: utsinc@bellsouth.net
TABLE OF CONTENTS
Section I - COmpany Overview
Introduction Letter
Page 1
Company Information
Page 2
Client References
Pages 3-4
South Florida Building Trades Letter
Page 5
Broward County School Board Letter
Page 6
City of Miami Beach Letter
Page 7
Greater Miami Affordable Properties Letter
Page 8
Section II - Proposer Information and Documents
Proposer Information
Page 9
Acknowledgement of Addenda
Page 10
Fee Proposal
Pages 11-14
Declaration
Page 15
Questionnaire
Pages 16-20
Insurance Certificates
Pages 21-22
UNION TEMPORARY SERVICES, INC.
.....
O~.
CONSTRUCTION
ASSOCIATION
or South Plorida
Associate
Members of
INTI!CIIRITY
P.O, Box 813847 Hollywood, FL 33081 · (954) 893-1141 · Fax: (954) 893-5445. (866) 788-9886 · E-mail: utsinc@bellsouth.net
INTRODUCTION LETTER
Union Temporary Services, Inc. was established in 1995 as a temporary labor provider
for the construction industry. For the past ten (10) years Union Temporary Services has
worked throughout Florida, Texas and other states for private contractors and government
agencies. We have over seven (7) years experience in providing temporary personnel to
various government agencies, including the Broward County Schqol Board, Dade County
Public Schools and the City of Miami Beach in all areas and trades, including AC
Mechanics, Carpenters, Electricians, Glaziers, Ironworkers, Laborers, Masons,
Millwrights, Painters, Plumbers, Sign & Display, Sheet Metal Workers, Welders and
Supervision.
Customarily, Union Temporary Services does not compete for the lowest bid. Instead,
we are awarded contracts for our quality, dependability and consistency. To achieve the
highest quality personnel we solely employ Union Craftsmen because they are held to a
higher standard than the commOn temporary employee. Ouremployees.are required to
graduate from an accredited five~yearapprenticeship progratn,pass a comprehensive
journeyman exam and/or obtain a state/local license or certification. In addition to this
extensive training we require a 10 or 30.hour OSHA certification, maintain a Drug-Free
Workplace and perform criminal background checks. We do not charge the City a fee if
they hire our temporary employee on permanently.
If the City of Miami Beach is looking to devote its resources to temporary personnel, we
believe the City should look for quality, dependability and consistency, which will result
in an overall cost savings to the City. By choosing a temporary agency that can provide
qualified skilled labor over a cheaper labor provider, the City will ultimately save money,
man-power and the headaches often associated with the hiring of unskilled and
unqualified temporary personnel.
As our past performance and credentials demonstrate, we have the ability to completely
and effectively fulfill the temporary personnel needs of the City of Miami Beach.
1
UNION TEMPORARY SERVICES, INC.
~20
.-.
CONSTRUCfION
ASSOCIATION
of South Florida
Associate
Members of
P.O. Box 813847 Hollywood, FL 33081 · (954) 893-1141 · Fax: (954) 893-5445. (866) 788-9886 · E-mail: utsinc@bellsouth.net
EXPERIENCE
07/05 through Present
Various projects in all areas of construction and for all
construction trades.
Client References attached.
Ten years experience in providing skilled temporary tradespeople throughout Florida and
other states. Our workforce consists of licensed, certified masters and journeymen,
certified apprentices and skilled trades helpers. We prQvide AC Mechanics, Carpenters,
Electricians, Glaziers, Ironworkers, Laborers, Masons, Millwrights, Painters, Plumbers,
Sign and Display Workers, Sheet Metal Workers, Welders and Supervision.
CERTIFIED DRUG FREE WORKPLACE - Implemented 08/27/97. Established
in accordance with Florida Statutes.
Pre-hire and post-injury testing.
CRIMINAL BACKGROUND ClIECKS - Nationwide. and Registered Sexual Predator
SAFE WORK PRACTICES - 10/30 Hour OSHA certification required for all
employees.
ANTI HARASSMENT AND
AFFIRMA TIVE ACTION EEOC POLICIES - Enforced
CERTIFIED MINORITY/wOMEN OWNED BUSINESS ENTERPRISE-
Miami-Dade County, Miami-Dade County Public Schools, Statewide and Inter-Local
Minority Business
PHYSICAL ADDRESS: 3325 Hollywood Boulevard, Suite #503
Hollywood, Florida 33021
MAILING ADDRESS: P.O. BOX 813847
Hollywood, Florida 33081
TELEPHONE:
TOLL FREE:
(954) 893-1141
1-866-788-9886
FACSIMILE:
E-MAIL:
(954) 893-5445
utsinc@bellsouth.net
2
UNION TEMPORARY SERVICES, INC.
..,,,
SKILL
Associate
Members of
INTlQRITY
o.
CONSTRUcrION
ASSOCIATION
of South Florida
P.O. Box 813847 Hollywood, FL 33081 · (954) 893-1141 · Fax: (954) 893-5445. (866) 788-9886 · E-mail: utsinc@bellsouth,net
CLIENT REFERENCES
Contractor
ANF Group, Inc.
703 N. Flamingo Road
Pembroke Pines, Florida 33028
Web site: www.anfgroup.com
Start date: 01/05 through Present
The School Board of
Broward County, Florida
7720 West Oakland Park Blvd
Sunrise, Florida 33351
Start date: 10/98 through Present
John R. Elwell Construction Co., Inc.
1104 NW 151 Street
Fort Lauderdale, Florida 33311
E-mail: msl@elwellconstruction.com
Start date: 10/98 through Present
Edwin M. Green
775 NW 2151 Street
Miami, Florida 33127
E-mail: egreeninc.@aol.com
Start date: 08/99 through Present
Greater Miami Affordable Propertiesl
Miami Millwrights, Inc./Spike Electric
16215 SW 17 Avenue, #4-A
Miami, Florida 33177
E-mail: miamimillwrights@hotmail.com
Start date: 09/99 through Present
ProiectlTrade
Memorial Hospital Group
and various Residences
Carpenters
Total Billed to Date: $ 99,912,00
Maintenance
Carpenters, Laborers, Painters
Supervision
Total Billed to Date: $ 18,086,764,00
Various jobsites/Carpentry
Carpenters
Total Billed to Date: $ 399,731.00
Fontainbleu, Diplomat and
Various Commercial Pools
Carpenters, Plumbers/Pipefitters
Total Billed to Date: $ 1,658,996.00
MIA, Orlando Int'I Airport, DFWIA
Port of Miami Deep Water Cruise
Tenninals D & E - Millwrights,
Ironworkers, Electricians
Total Billed to Date: $ 1,680,556,00
Contact Information
Alberto Gil/Superintend,
Ph 954-538-1989
Fx 954-436-4268
Tom Giglio
Ph 754-321-4600
Fx 754-321-4765
John ElwelllMelanie
Ph 954-463-2563
Fx 954-467-9277
Jim Albury
Ph 954-523-4465
Fx 305-545-7967
Orald Stewart
Ph 305-389-6900
Fx 305-253-5073
3
UNION TEMPORARY SERVICES, INC.
.....
Page 2 Client References - Continued
City of Miami Beach, Florida
Property Management
1245 Michigan Avenue
Miami Beach, Florida 33139
Start date: 04/03-01/05 (last worked)
Miami Systems, Inc,
129 NW 13 Street, Suite 17
Boca Raton, Florida 33432
E-mail: miamisystemsgc.com
Start date: 12/03 through Present
Royal Diamond Homes, LLC
211 SW N. Wakefield Circle
Port St. Lucie, Florida 34953
E-mail: dkbellino@hotmail.com
Start date: 10/04 through Present
SMG (Miami Beach Convention Center)
150 I Convention Center Drive
Miami Beach, Florida 33139
E-mail: agrande@smgmb.com
Start date: 05/05 through 07/05
System Tech Services, Inc.
164 Hibiscus Road
Edgewater, Florida 32141
E-mail: katowe@bellsouth.net
Start date: 04/03 through Present
Trans-Florida Construction, LLC
18140 Collins Avenue
Sunny Isles, Florida 33160
E-mail: rchitwood@williamsisland.com
Start date: 02/05 through Present
Westbrooke Corporation
P,O, Box 810608
Boca Raton, Florida 33481
E-mail: igaasch@westbrookecorp.com
Start date: 10/98 through Present
Bid # 55-00/01 - Awarded
Temporary Personnel Services
City of Miami Beach
Electricians
Total Billed to Date: $ 193,373.00
Various jobsites
Commercial Painting/Carpentry
Painters/Carpenters
Total Billed to Date: $ 68,762.50
Residential Builders
Carpenters
Total Billed to Date: 650,085,00
Miami Beach Convention Center
Painters
Total Billed to Date: $ 22,576,00
AC ServicelMaintenance
Plumbers/ AC Mechanics
Total Billed to Date: $ 1,246,630.00
Acqualina Towers
Miami Beach, Florida
Carpentry
Total Billed to Date: $ 92,267.00
Various projects
Carpentry
Total Billed to Date: $ 865,231.00
4
John B. Gresham
Electrical Supervisor
Ph (305) 673-7630
Cell 305-673-7465
Bill Fears/Superintend.
Ph 954-478-4215
Fx 561-394-5662
Domenic Bellino/Owner
Ph 561-818-4525
No Fax
Angelo Grande
Ph 305-673-7314
Fx 305-673-7435
Kim Towe / Owner
Ph 407-682-9881
Fx 386-409-9351
Richard Chitwood
Ph 305-933-8301
Fx 305-935-5705
Robert Lake, Jr.
Ph 561-239-7132
Fx 561-395-6129
~U~.~~.LVV~ L~.U~ ~V~OLO~/~L
rLUM~~~~ LU~~L ~~~ UA~
ffV~~V C.UVL IVV~
South Florida Building Trades Council
20375 NE 15th Court
North Miami, FL 33179
(305) ;362-0519 or (305) 651-5971
Fax # (305) 654-0010
September I, 2005
City of Miami Beach
1700 Conven.tion Center Drive
Miami Beach, F~ 331.39
RE: RFP #37-04/05 Temporary Personnel Services
Dear Sir or Madam:
/
The South Florida Building Trades Council has represented all the building trades unions
for over sevCIlty-five (75) years. It has been our purpose and goal to supply qualified
craftsmen and certified apprentices to local contractors and government agencies. Our
membership consists of 5000 licensed, certified an<.Vor master journeymen and certined
apprentices in over sixteen (16) different trades.
Since 1995, our organization has supplied our qualified craftsmen to Union Temporary
Services, Inc. for all phases of construction and maintenance work. Due to our
organizations' size and number of membership we possess thc ability to man
substantially any job order received in an efficient and effective manner.
Please contact me if you should have any questions regarding The South Florida Building
Trades Council and/or Union Temporary Services, Inc.
Very truly yours,
9:p/
PHIL TRUCKS, JR.
President
PT:gb
5
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-~~3t~;~~':. ~~~~~~ri:. ~-" .t~~:f(~~1.,: ~.~-.~.-41~~r~~.~h~~ti;.~~~~ .
<,.:su'. ,:,J,,:. '~':l;~ · "cHooilif~' .
.;:;;~:--:...;}::.:~~l,t:~~[,..:;~~I~'i:.r~;Jil:t',. ,;~~~;~..;.:,' " "
".J.:" .. . '. ..;'L. ..-: ,,,.,.J .,.i> 'i).fp Y,).a
';.r, ~.'X .-..~:~:~::~.t~ii;~.~~{r~~~:~~.;;.<i~~ .P~.
. '/s.'-. . :. '. ..:;~~...;l1l--4~~;. ".... .; ,:.~~~::,~;t;
..t:.:.. . ;~ff!':~~~i,~fJ;~~?;il~m:.
.,...../ti.~.(;.t;..1~'~ ;t';~.;..~0:~;
.1IIt.~'!c.:.'t!~"".~'.... ~..._,,1,.:;.-..........,,",..
".j~l~!ij~
August 25, 2004
TO:
Miami-Dade County Public Schools
FROM:
/
/
Jack McDonald, Supervisor I~ -~
Physical Plant Operations, Plann cheduling Department
SUBJECT:
Temporary Tradespeople Bid # 24-034N
Union Temporary Services, Inc. is a current vendor on a multiple award Temporary Tradespeople
Services Bid for the School Board of Broward County (Bid# 24-034N).
Since 1998 Union Temporary Services, Inc. has been able to meet our needs in providing quality skilled
personnel. The use of the Temporary Tradespeople Services Bid has enabled the School Board of
Broward County to complete thousands of work orders in addition to the work orders completed by the
in-house maintenance personnel. UTS has supplied over 100 temporary tradespeople over the course of
this bid including carpenters, electricians, plumbers, masons, laborers, and clerical staff,
Should you have any additional questions, please contact me at 754-321-3380.
JM:nf
6
.;;.'l'-<" N. ";~""~-~:'3S'.:-::'- ~..;t,.~lOi\f!
~~2t:=;'~'~~;'~~~~~i
.....~~~Jlml.~~~,f~~;~~~~1':;11~Ti~"!~~i~f~w~,t;:~.~ . ..~}':~
rr;.Uf 1'1\..I1~11
t"'A\:lt.. i:H/Ell
CITY OF
MIAMI
BEACH
Property Management
1245 Michigan Avenue
Miami Beach, FL 33139
ielephone: (305) 673-7630
Au~ust 27, 2004
The School Board of Miami Dade County, Florida
Bureau of Procurement and Materials Management
1450 NE 2nd Avenue, Room 351
Miami, FL 33132
Re: Union Temporary Servic~s, Inc.
Bid U55rOO/Ol
To Whom It May Concern:
Union Temporary Services. Inc. is currently providing electricians for
City of Miami Besch, Property Management Division under BidD55-00/01.
Temporary Services has been able to provide temporary personnel. which
our Division's criteria. in an efficient manner.
the
Union
meets
If you have any questions or need information. 'please contact me.
Sincerely,
~.1~
Electrical Supervisor
J.13G/ns
7
. '-0 -- C-luV'. ""T'; UOt"'1I
nlaml Mlllwrights
305 253 5073
p. 1
.
G.R~:ATER MlAMl At"t4"ORDABl.E PROPER1'U~~
D.S.A. MIAMI MILLWRiGHTS
CGCOS0874
Date: August 24, 2004
The School Board of Miami-Dade County, Florida
Bureau of Procurement and Materials Management
1450 N.E. 2nd Avenue, Room 351
Miami Florida 33132
RE: Union Temporary Services, Inc.
Dear Sir or Madam:
Over the past six years Union Temporary Services, Inc. has provided temporary labor
personnel to our company. They have furnished many skilled union millwrights for our
various projects including; Orlando International Airport, Miami International Airport
and most recently Dallas-Fan Worth International Airport. We are completely satisfied
with Union Temporary Services ability to provide our company with qualified skilled
labor.
If you should have any questions or require further information, please do not hesitate to
contact me.
s~~
DraId Stewart
President
16225 SW 117''' Avenue
Unit 7 D
Miami Fl. 33177
Phone:J05-253-8222
Fax: 305-253-5073
8
PROPOSER INFORMATION
Submitted by:
Wendy M. Blanton
Proposer (Entity):
Union Temporary Services, Inc.
Signature:
Name (Typed):
Wendy M. Blanton
Address:
3325 Hollvwood Boulevard. Suite #503
City/State:
Hollywood, Florida 33021
Telephone:
(954) 893-1141
Fax:
(954) 893-5445
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
un,I~, a ntract has been agreed to and signed by both parties.
Uf September I, 2005
(Date)
Wendy M. Blanton
(Printed Name)
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
9
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-04/05
Directions: Complete Part lor Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated August 24, 2005
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
Pamela Leja
Name of Staff Member
September 2, 2005
Date
Wendy M. Blanton/Union Temporary Services, Inc.
Proposer - Name
flhA~ I12gn~~ ,
September 2, 2005
Date
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
10
FEE PROPOSAL
The following rates run from October 1 st of each year to September 30th of the following year. The rates reflected in the
final year of 2008 - 2009 are discounted for each of the previous three years. These rates are all-inclusive, and cover
the following: wages, fringe benefits, payroll taxes, workers compensation insurance, general liability insurance,
drug testing, and criminal background checks.
Full Rate Discounted Rate Discounted Rate Discounted Rate
2008-2009 2007-2008 2006-2007 2005-2006
TIME AND TIME AND TIME AND TIME AND
REGULAR ONE HALF REGULAR ONE HALF REGULAR ONE HALF REGULAR ONE HALF
AIC Technician $49,00 $72.35 $47,15 $69.60 $45.45 $67.05 $44.20 $65.15
Carpenter $37,80 $51.80 $36.45 $49,95 $35,10 $48.05 $33.85 $46.15
Electrician $48.15 $67.70 $46,40 $65.20 $44,70 $62.75 $43.15 $60.45
Laborer $26.25 $35.70 $25.35 $34.45 $24.40 $33.10 $23.55 $31.95
Mason $34.95 $48.05 $33.70 $46.25 $32.50 $44.60 $31.65 $43.40
Painter $32.25 $44,70 $31.05 $43.05 $29.95 $41.45 $28.90 $39,95
Plumber $44,35 $61.25 $42.75 $59.00 $41.20 $56.80 $39.70 $54.70
* See attached for job description
11
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1.
No
Bid
2.
No
Bid
3,
No
Bid
4.
No
Bid
5.
No
Bid
Secretary I
NO BID
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 i~ using MS Word, Excel, other MS office application programs. Must have ability
to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm,
Secretary II/Administrative Assistant NO BID
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.
Clerk Tvpist NO BID
Responsible and varied clerical work involving moderately complex work methods and
procedures. Requires proficiency in the use of the word processor andlor typewriter. Must
type 40 correct words per minute based on dept. needs.
Clerk I NO BID
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.
Clerk II NO BID
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
DATE: 8/3/05
CITY OF MIAMI BEACH
12
6. Clerk III NO BID
No Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Bid 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.
Must type a minimum of 40 wpm.
7. Bookkeeper I Accountino Clerk II NO BID
No Three years experience in accounting, supplemented by course work in accounting or
Bid bookkeeping; or any equivalent combination of experience and training. Must have ability to
work in a multi-ethnic/multi-cultural environment.
8. Customer Service Reps I Complaint Operator NO BID
No Responsible telecommunications work in the Safety communications Unit. Retrieving,
Bid 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 Reps I Communications Operator NO BID
No Entry level responsible telecommunications work in the Safety Communications Bureau.
Bid 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 NO BID
No Complex clerical and technical work of a specialist nature. Interpretation of department
Bid operations, policies, procedures, dissemination of information, maintains records and reports,
computes and compiles data; updates. Types forms, answers correspondence, prepares
notices and minutes of meetinos. Knowledge of HR preferred.
11. Carpenter See Attached Fee Proposal Sheet
See ~~nowledge and skills in carpentry work at the entry level in the construction and finish work
Attache including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electrician See Attached Fee Proposal Sheet
See Master Electrician's certification, prior experience with drawings and reading blueprints,
Attache 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
DATE: 8/3/05
CITY OF MIAMI BEACH
13
13. Plumber See Attached Fee Proposal Sheet
See Skilled work at the journeyman level as plumber with certificate of competency as a
Attache journeyman in the plumbing trade.
seJ4. Service Worker See Attached Fee Proposal Sheet
Attache Advanced and responsible manual labor duties of a skilled nature.
15. Ale Mechanic See Attached Fee Proposal Sheet
See Skilled work at the journeyman level in the installation, maintenance and repair of air
Attache conditioning equipment, and related apparatus.
16. Painter See Attached Fee Proposal Sheet
See Skilled painting work at the entry level in the construction, maintenance and repair of city
Attache facilities.
17. Buver NO BID
No Specialized technical, clerical and administrative work in the purchasing of assigned
Bid com mod ities. Reviews purchase requests, assists with procurement problems, and solicits
quotations. Enters information for issuance of purchase orders.
18. Masons - Skilled work at journeyman level in masonry, bricklaying, tilesetting.
SEE ATTACHED FEE PROPOSAL SHEET
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
14
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this l1';t day of September
,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
~ ~ f!Q,li{/(x
. SIGNATURE
Wendy M. Blanton
PRINTED NAME
Vice President
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
15
QUESTIONNAIRE
Proposer's Name:
Union Temporary Services, Inc.
Principal Office Address:
3325 Hollywood Boulevard. Suite #503
Hollywood, Florida 33021
Official Representative:
Wendy M. Blanton
Individual
Partnership (Circle One)
~orati~
If a Corporation. answer this:
When Incorporated:
July 1995
In what State:
Florida
If a Foreion Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Intrastate Registered Agent Corp.
Address of Resident Agent:
701 Brickell Avenue, Suite 3000
Miami, Florida 33131
President's Name:
DyLee McNally
Vice-President's Name:
Wendy M. Blanton
Treasurer's Name:
Wendy M. Blanton
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
16
Members of Board of
Directors:
DyLee McNally
Wendy M. Blanton
If a Partnership:
N/A
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: -0-
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No (x)
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DA TE: 8/3/05
CITY OF MIAMI BEACH
17
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
No
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes () No (x)
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not (x) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
None
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
18
Questionnaire (continued)
8. List all judgments from lawsuits in the last five (5) years:
None
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
None
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
None
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
DyLee McNally, Wendy M. Blanton
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
19
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
Print Name
('
WITNESS~
Jennifer Wells
Print Name
(CORPORATE SEAL)
Secretary
RFP NO. 37-04/05
DA TE: 8/3/05
Attest:
CITY OF MIAMI BEACH
20
IF INDIVIDUAL:
Signature
Print Name
IF PARTNERSHIP:
Print Name of Firm
Address
By:
General Partner
Print Name
IF CORPORATION:
Union Temporary Services, Inc.
Print Name of Corporation
By:
FL
..L.L........(.J ....11._1 1t.J....., .....uo:-o....... I V. .......'-1 lU I
ACORD..
CERTIFICATE OF LIABILITY INSURANCE
CSR AC I DATE (MM/DDIYYYY)
UNION-5 09/02/05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
; INSURERS AFFORDING COVERAGE ! NAIC #
INSURER A Chubb/Federal Insuranc~__J"
PRODUCER
Combined Underwriters of Miami
7950 NW 53 street, Suite 201
Miami FL 33166
Phone:305-477-0444 Fax:305-599-2343
INSURED
UNION TEMPORARY SERVICES INC
Wendy Blanton
3868 Sheridan Street, suite A
Hollywood FL 33021
COVERAGES
INSURm B
INSURER C
I INSURER D
1 INSURER E
----l
----+
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERiOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFiCATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
i POLICY EFF_E_CJ!V.E !POLlCY EXPIRATION I
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) 'DATE (MM/DDIYY) LIMITS
GENERAL LIABILITY i I I i EACH OCCURRENCE : $ 1, 000 , 000
f--- I / "'D)l;f'Itl\GEI\TREN'l'UT----+
X COMMERCIALGENERALLlAClILlTY 79462722 I 03/28/05 03/2806 PREMISES lEa occurencel :$50,000
~tJCLA1MSMADE ~OCCUR I MED EXP IAny one person) 1$5,000
_ 79462722 STAFFING SERVICES ~&OJ3/28/0S 03/28/06 PERSONAL &ADV INJ,'m--; $ 1,000,000
i i GENERALAGGREGATE~$ 2,000,000
- I:. I
GEN'L AGGREGATE L1MI I APPLIES P!'R " PRODUCTS, COMP/Of> AGG i $ 2,000,000
Xl POLICY n j~8T 11 LOC i!
I
A
AUTOMOBILE LIABILITY
-
A ANY AUTO 79462721
-
ALL OWNED AUTOS
f--
SCHEDULED AUTOS
f--
X HIRED AUTOS
f-----
X NON-OWNED Auras
f-----
f-----
I
03/28/051
!
03/28/06
COMBINED SINGLE LIMIT
(Ea accidenli
1$ 1,000,000
BODIL Y Ii,JURY
(Per person)
I $
BODIL Y INJURY
{per accide:1t)
i
1$
I
PROPERTY DAMAGE
(Per aCCident)
,
l $
A
GARAGE LIABILITY
R ANY AUTO
EXCESS/UMBRELLA LIABILITY
tJ OCCUR D CLAiMS MADE
RDEOUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
II yes, descnbe under
SPECIAL PROVISIONS below
OTHER
i
I
I
I
03/28/05
1 EACH OC::URRENCE
03/28/06 ~ AGGREGATE
~
AUTO ONe Y - EA ACCIDENT i $
1------:-::-::1-
OTHER THAN ~~ $
AUTO ONL Y AGG $
:$1,000,000
. $ 1,000,000
79462723-HIRED
I
I
AUT~
!
I
I
I
I
1 $
:$
I
I $
IT6~\ t:~IITt I I vE~ !
E.L EACH ACCIDENT I $
;,
EL DISEASE - EA EMPLOYEe! $
I
EL DISfASE - POLICY LIMIT: $
OESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES { EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Temporary Employment Service, . , .. . . CERTIFICATE HOLDER IS LISTED AS
ADDITIONAL INSURED.
CERTIFICATE HOLDER
CANCELLATION
CITY-MI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F~ALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES,
AUT~EN c.W
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH FL 33139
ACORD 25 (2001108)
@ACORD CORPORATION 1988
21
ACORD.. CERTIFICATE OF LIABILITY INSURANCE I CERTIFICATENO./DATE
ACOS-8200161-264124
8/23/2005 2.35:27 PH
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Eisenmann Risk Placements, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
14160 Dallas Parkway, Suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Dallas, TX 75254 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(972) 764-0965 Fax: (972) 404-4450
INSURERS AFFORDING COVERAGE
INSURED: AMS l/c/f: INSURERA: PROVIDENCE PROPERTY & CASUALTY INSURANCE CaMPA
UNION TEMPORARY SERVICES, INC INSURER B:
P.O. BOX 813847
HOLLYWOOD, FL 33081 INSURER C:
(954) 893-1141 Fax: (954) 893-5445 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~~
l~~R TYPE OF INSURANCE POLICY NUMBER I LIMITS
.!!!'NERAL LlASILITY EACH OCCURRENCE $
COMMERCIAL GENERA.1. LIASILITY FIRE DAMAGE (Any One Fint) $
- '"""1 ClAIMS M1\OE D OCCUR
MED EXP (Any one person) $
- -
- PERSONAL. & MN INJURY $
- GENERA.1. AGGREGATE $
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP~PAGG $
11 POLICY n ~c-J2r n lOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- $
ANY AUTO (Ee KCidenI)
I--
1U.L OWNED AUTOS BODILY INJURY
t- S
SCHEDULED AUTOS (Per pel1Oll)
f--
HIRED AUTOS eODIL Y INURY
- $
NON-oWNED AUTOS (Per eccidenl)
-
- PROPERTY DAMAGE $
[Per eccidenl)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
=1 ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG S
EXCESS LIABILITY EACH OCCURRENCE $
I-- D CLAIMS MADE
OCCUR AGGREGATE $
f--
$
I--
DEDUCTIBLE $
f--
RETENTION S / $
WORKERS COMPENSATION AND WC0100086 1211/2004 12/1/2005 I\. WC STATU-, I JO.!~.
EMPLOYERS' LIABILITY E.L EACH ACCIDENT 1000000
A S
E,L DISEASE. EA EMPLOYEE $ 1000000
E.L DISEASE. POLICY LIMIT $ 1000000
OTHER
=1 LIMITS 0- $ ..
liMITS $
DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECI1U. PROVISIONS
l. Insured is afforded Workers Compensation & ;mployers Liability as a co-employer under the policy for
employees leased from AMS Staff Leasing, Inc. 2. This certificate remains in effect, provided the client's
account is in good standing with AMS. Coverage is not provided for any employee for which the client is not
reporting wages to AMS. Applies to 100% of the employees of AMS leased to UNION TEMPORARY SERVICES, INC,
effective 12/01/2004. 3. Project Information:. Art Basel Miami Beach.
...PLEASE SEE ATTACHED EMPLOYEE ROSTER....
CERTIFICATE HOLDER I I ADDmOHAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY Of MIAMI BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139 IMPOSE NO OBUGATIONOR LIABILIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED Rl:PRESENTATlVE C~1
ACORD 25-5 (7/97)
22
~ACORD CORPORATION 1988
CERTIFICATE OF LIABILITY INSURANCE Certificate Number: AC05-8200161-264124
EMPLOYEE ROSTER
Attached roster includes employees paid through 08/21/2005. To verify employee's who may have been added since
08/21/2005, please call 1-800-728-0623.
* Please note employee roster for this client is updated on a WEEKLY basis.
EMPLOYEE LIST:
ALBURY, BROCK JAY
ALLEN, CHRISTOPHER
ANDERSON. PAUL
ANIEL. FRED A.
ARMSTRONG. STEVEN R.
ASBERRY. JOHN
ASHBY. JR., WALTER
AYALA. JOSEPH R.
BACON. DANNY CARROLL
BALDINI. SALVATORE
BALDYGA, SR.. JOSEPH E.
BANNIS, LAZARUS
BARBO, JAMES A.
BASS, ASHLEY S.
BECKSTROM, EDWARD
BELLINO. DOMENIC
BELLINO, LORI K.
BETHEL, KENYATTA
BLAKE. CONLEY
BLANTON, WENDY
BLOOM, SCOTT ALAN
BOBBIO. HUGO
BOONE. JAMES A
BOURGAULT. JR.. ROBERT F.
BOZA CALERO. RAIDEL G
BRAITHWAITE, STEPHEN
BRANDL. MICHAEL
BROWN. JERRITT
BROWNFIELD, POPE
BULLOCK. JR., CHARLES
BURNETT. MARCIA T.
BURNICE, TYRONE
BURROWS, PATRICK
BUSSEY. WENDELL W.
CAMACHO, SERGIO P.
CARISTIN. MIllEN
CARNES. JEFFERY
CASILL!, ANDREW P
CASTILLO, ARNALDO
CASTILLO, ELIZABETH M.
CLARKE, W AINLEY
COBB, LA WRENCE
COLANTONIO, ANTHONY J.
COLON. GERSON
CONNER. THOMAS MARK
CORDER. SCOTT
CORUGEDO, DANIEL JOSE
COUSINEAU. CHARLES
CROSIER. GLENN A.
D'ARCY, JAMES T.
D'ETfORE. PETER A.
DANESE, CHRISTOPHER
DAURIA, JOHN
DA VIDSON. JOHN BlRTH
DE MELO, MANUEL
DELTORO, HARLEY
DENNER. TYLER
DEPOTfER, JOHN R.
DI PASQUALE, JR., ERNEST JOHN
DOPICO, FRANCISCO
ELLIS, NIGEL
EMOND, DAVID M.
ERNST. RICHARD
EVANS, TIMOTHY D.
FEELEY. JOHN K.
FERGUSON, ALFONSO L.
FERNANDEZ, HUMBERTO
FIGUEROA. FACUNDO P.
FIKE, MICHAEL
FINKLEY, RALPH A
FLOYD, STEVEN CHASE
FLOYD. STEVEN W,
FORDE. REMY J.F.
FORREST..JOHN W,
FORREST. JOSHUA
FOURNIER. THOMAS
FRANCOIS, LUCANE
FRATACCIA, DREAMA
FRATACCIA, VINCENT J
GARCIA, STEVE
GARLAND, RONALD D.
GARRETf, MICHAEL
GIBSON. DA VID B.
GIBSON, JOHN L.
GOLLlHUR, LORAN C
GOMEZ. JOSE L.
GONZALEZ, JORGE A.
GONZALEZ, PEDRO
GRANTHAM, JEREMIAH
GRAY, MARTINA L.
GRAY, JR., WILLIE
GREEN. JAMES A.
GRIFFIN. DAVID
GRIMSLEY, JERMAINE
HARKINS, SEAN K
HARRISON, DAVID
HERETH, CLAUS U.
HERNANDEZ. JOHN JAIRO
HERNANDE~JOSECARLO
HERNANDEZ. LUIS G.
HERRIN. VICTOR R.
HILL. JARVIS E.
HOLLAND, WILLIAM
HOLTZ. COURTNEY
HOWARD II, GEORGE W.
HUDSON, KENROY
HY A IT, NICHOLL L.
INGRAM, JR., WILLIAM
JEAN. ALlSMA
JOHNSON, STANLEY
JONES, FREDERICK
KARPINSKI, KIM
KIGHT, SHAUN
KREIDER, JR, FRANCIS
LA WLER, THOMAs-E.-
LEWIS, LEROY
LHOTKA, MELENA J.
L1XEY, ROBERT
LOPEZ-SIL VERO, DAMON W.
LOPEZ-SIL VERO, RICHARD T.
LOUIS, WILNER
LYON, STEVEN C.
MALDONADO-LUGO, JOSUE G.
MALHEUR, JEAN
MANLEY. ROBERT T.
MARA vr, GUILLERMO
MATTEO DO, PAUL
MCCLAVE, DONALD
MCCOY. MELISSA
CERTIFICATE OF LIABILITY INSURANCE Certificate Number: AC05-8200161-264124
EMPLOYEE ROSTER
Attached roster includes employees paid through 08/21/2005. To verify employee's who may have been added since
08/21/2005, please caU 1-800-728-0623.
* Please note employee roster for this client is updated on a WEEKLY basis.
EMPLOYEE LIST:
McGLOTHLIN, SUZANNE H.
MCKENZIE, SHERMANEDWIN
MCNALL Y, DYLEE
MENDEZ, ANASTACIO
MENJIVAR. ADAN
MENKES, RICHARD WILLIAM
MILLER. CHRJSTOPHER
MISTURAK, AARON R.
MOESNER, RICKIE L.
MONTELLO, DAVID
MOODY, ERROLL M.
MOSS, CLINTON
MOURNING, WILLIAM
MULLER, RANDY
MUNOZ, ALBERTO J.
MURRA Y, JOHN
NARHI, JUHA P.
NAZARIO, JR, JOSE J.
NEUMANN, WALLY
ORTIZ, RAFAEL E.
ORTIZ, ROBERTO
Padilla, Luis G.
PARKINSON, HELTON
PELL, GORDON
PERRY, CARL D.
PETERSON, DOUGLAS
PFAUTZ, JAMES P.
PICARD, EDWARDJ.
PICHARDO, EDlCKSON
PINEDA, WINSTON
POERIO, PASQUALE
POWELL, JR., JACK
PRELAZ, MARINO
PROSSER, WILLIAM
RAMIREZ, RODOLFO
RANALLO, MICHAEL
RANDAZZO, JOSEPH M.
RICHE,DERRAL
RIGDON, RONALD
RIGDON, JR., JOHN L.
RODRJGUEZ, DARLING JOEL
RODRJGUEZ, PEDRO
ROJAS, LUIS
ROLLE, TERRELL
ROSARIO, ROBERT
ROSARJO lIJ, ANDRES
ROSS, STERLING
ROUSSELL, JAMES T.
SAALMAN, RJCHARD
SAINTIRJS, DANY
SANCHEZ, MARVIN
SCALE, NORMAN J
SCHANK, DAVID CHARLES
SHERIDAN, WiLLIAM ROBERT
SIL VA, JORGE L.
SKELTON, lII, WEBS~ER S.
SKIDMORE, RALPH
SMITH, MELVIN
SMITH, PATRICK K.
SMITH, RUSSELL T.
SOLANO, MICHAEL
STEINMANN, DONALD R.
SULECKI, ADAM
SURINACH-GERMOSEN, FRANK
SURLES, TROY
SYKES, DAVID
TABOIS, OWEN
TALTON, JR., STEVEN
THOMAS, JONATHAN
TILGHMAN, ANDRE
TOLEDO, GUILLERMO E.
TORRES, JUAN
TUXBURY, STERLING M.
URUENA; OMAR
VALDERRAMA, CARLOS A.
VALDEZ, DAVID
VALLE, MONICO
VAN DUSEN, PAUL E.
VIERDA Y, ROY R.
VILLALBA, LUIS A
VILLAZON, ANTHONY
VONCANNON, GEORGE E.
WALDEN,CORY
WEISS, TIMOTHY
WELLS, JENNIFER
WEST, ROBERT W.
WHITE, CHARLES
WILLIAMS, DAVID K.
WILLIAMS, STEPHEN
WITHERS, FRANCIS
WOOLARD, PHILIP L.
WRlGHT, MARECO
WRIGHT, RANDALL
ZAPATA,CARLOS
ZAPATA, GABRlEL ANGEL
ZERP A, BEA TRlZ JOSEFINA
:::- E~\-\ \ \5'\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 CHAPTER :1 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Milllli Beach awards private finna contracts to provide services for
thc public. The City also provides financial ISsistance to promote economic development and job
growth. Such expcnditun:s of public money al.o servo the public purpose by creating jobs.
expandin. 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
pl'Oll1Otc the creation of fun-timc, permanent jobs that allow citizens to support lhemsclvea and d)eir
families with dipity. Sub-poverty level wages do not serve the public purposc. Such wales instead
place an undue bunlen on taxpayers and the community to subsidize employers paying inadequate
waacs by providinl their employees with social services such IS health care, housing. nutrition, and
encrlY assistance. The City has a responsibility when spending public fundi to set a community
standard that pennitl full-time workers to live above the poverty line. Then:fore. contractors and
lubconll'aCtOl'l of City service contracts should pay their employees nothinllcu than tho livinl waF
herein dcacribed; and
WHEREAS, in addition to requiring Iivin. wages for City serviccs provided by private
finns, thc City wishel to serve as an example by providin. a living wage to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MA VOR AND THE CITY
COMMISSION OF THE CITY or MIAMI BEACH, n..ORlDA AS FOLLOWS:
~ECTlON 1.
That Division 6. to be entitled "Livinl Wale Requirements for City Contracts'.. of Article
VI. entitled "Procurement". of Chapter 2 of the Miami Beach City Code entitlecl"Adminiauation"
II hereby created 10 read as folJow:
,.
10f9
Chapter 2
ADMINlSTRA nON
. . .
Article VI. Procurement
. . .
Division 6. Uvin, Wa,e Requirements for Service Contracts and City Employees
. . .
Section 2-401.R..P1_
Deflnltlona
(a) "City" me~s the ,"ovcmment Qf Mi~i BC\Ch or any authorized agents. any board.
a-Jen,y. commission. department. or other entity ~reof. or any successor thereto.
eb) "Covered Emolovee" mean. anYQl1e employed by the City or anv Service Contractor. as
further defined in thi, Division. either full or p~ lime. as an emoloyec with or withQut
benefits or II an in~pendenl contrlctor.
eel '"Covered BmDlo\ef' means tbe City and In)' and III Service Contl)ctol'l. whether
contnctin, directly or indirectly with the City. and lubcontra<:tora of a Service Contractor.
Cd) "Service Contractor" is any individual. business entity. corooration (whether for profit
0( {lot for p~fit). Dartnenhip. limited liability complUlY. joint ventUI'C. or ajmilar business
who is conductio, busineaa in Miami BCKh: or Miami Dade County. and mec~ one (1) of
&he two (2) followin, crileljlj
(I) The Service Contractor is:
(8) plid in whole or part fmm one or more of the City'llIencral fund:
~.tal pl'Qjoct linda. ~aI revenue funda. or any other fun~ either
diftlCtly or incli~d,. whether by comoetitivc bid procell. informal
biela. rcqueall for 1II'ODOIaI1. some fann of solicitation. ne,OIiation. or
alD1lelOent. or any OCher deci.l<m to enter into a contncl: or
(b) enprd in the bu.iness of. or part of. . contnct to prqvide. a
subcontracl to Dl"Oyicle. or similarly siluted to Dl'Ovidc. IOrvi~e..
either directly or indirectly for the benefit of the City. However. thi.
doea not ,ppl, to contracts related primarily to the sale of producls or
&QQdL
Ie) "Covered Serviccs" are the twe of services purchased bv tbe City that are subject to the
n:quirementl of mil Qiyillon which include the foUowio.:
n) City Service Contracts
ConlnlCta inyolvin, the City'. expenditure of over $100.000 per year and which
include the folJowiftl ~ of lervP.:
(1) food pregaralion lq)dIor c:lillri~uJion~
(2) IeCUrity lCtYica,
(3) routine maintenance services such as cUltodial. cleanin,.
computen. refuae removal. repair. refinilhill2. and recYCJin8~
20f9
..
(4) clerical or other non-supervisory office work. whether tel1loorary
or,pennanent;
(5) transoortation and gukin, services:
(6) printing and reproduction services:
(7) IlV1dsca.,pine. Lawn. and or .,ncultural services: and
(8) park and public place maintenance
(2) Should any services that Ire bein2 nerforrned bv City EmnlQvees at the time this
ordinance it enacted be IOlicited in the future by the City to be nerfonned b~ ,
Service Contractor. ~UCh se~ices shall be Covered Services subiect ~() this Diyision.
SECrION %408. R...pq,... LIVING WAGE
(I) Llvln. Wa.. Paid.
(1) Senke Con~to....
All Service Contractors. .. defined by this Division. enterinl into a conlract with th~
City of Miami Beach shall pal' to all ita employees who provide SCTYicCl covered by
tbil Division. a livin, w-ae of no lesl than S8.S6 an hour with health benefits. or a
livin, wue of not leas than $9.81 an hour without health ben~t.. u described in
this SectiOll.
(2) City EDlDIA-
Por City Employees under the City DIW plan. the Citv will bofin to Day a liv.nl! WIlI!C
consi.lent with the loala and tcnns of this Division on phase-in bali. bcJinnin& in
the 200 J -2002 City budJCl year. in~....in, on an annual basi, increment..I, so that
the UvinJ W..~ i. fully inwJementlld for City DIIlPloveel in the 200~-2004 City
bud,et year u '-v be a4juslCd pursuant to lubaection (c) below. Tbereaf'ler. thq
U\liu Wue to be nald by the Citv to ill e!ftnloWlea mall not be subiect tp the annual
indexin. lIIinR the ConAumrq Price lDhl for ~II Urban CDIlIlUmftn (CPI-tn lIlDuilWl
ulldel' subsection lel below and instead shAll be .ubiect to ne~ialioru wittJin the
coJ]lC~ve banrainin Rl~rure,
(b) Health Ben.lill. For I Covered Enmlover or the City to complY with the }iYin, wa~
provision bY choosin, to .,., the lower w.,e Klle available when a Covered BmpIQ). also
DrOYi. health benefits. .uch health benefits shill conli't of payment or at Icut $1.25 per
flour towuda the provision of health care benefits fQr Covem:l Emgloycel and their
c1e~nts. If the health benctita plan of the Covered ~1)IQyer or the City reauirel an
initial period of el1\Plovment for a new employee to be cUmbie for health benelill (elipbility
oeriodl such CoYmld Emnlove.: or City may aualify to DaY lhe S8.~ per hour waF scale
durin, the new eIllDlovee'. initial eli,ibility period pmvfrINIlhe new emDJoWlll win ~ paid
health bencfit. upon cOIllDletion o( the clipbility period. Proof of the provision of health
benefit. mull be submitted to the awardine luthority to qualify for thc waJc rate for
emplQ,yeea with health beWi~
tel IndnIH. The livinJ wale will be automatically indeltcd ~h yeac: usin, the Cjmsumer
Price Index for all U~an Consumers CCPI-ID unless the City Commission determines
it would Qot be fiscally sound to implement the CPI-U in a Dutic~lar year.
30f9
Cd} C,rtlftcatlon ReQuired Before hvmenl Any and all contracts for Covered Servjce~
shall be void, and no funds mav be ~leased. unless prior to enterin2 any a2Teement with
the City for a Covered Senices contract. the el1l.Ployer certifies to the City that it wiJJ Day
each of itl emplo)'eeS no less than the livina. wqc described in Section 2-408 (a). A
copy of this certificate must be made avaJlabJe to the public upon request. The
c~r1jficatc. at a minimum. mUlt include the folJowin~:
(I) the name. Address. and Dhone number of the emplover. a local contact
DeBon. and Ifte specific Drojcct for which the Covered Services contract
is soumt:
(2) the amount of the Covered Services contract and the City Department the
contract will serve:
(3) a brief descriDtion of the proiect or service provided:
(4) a statement ofthe Wl'" levels for all eIIIDlovees: and
(5) a cQmmitment to pay all employees a Iivin, W82e. as defined by
oar&lnph Section 2408 (a),
tel 0_".00. or Other Law.. Everv Covered EltlPlo\'ee shall be oaid not lesl Ihan
biweekly. and without subsequcnt deduction or rebate on any account (exceDt as such
o.vrolJ deduction. 81 are directed or permitted by law Dr by a collective blll'Jainin,
alfl'Cmentl. The Coven:d EmgJo}'er shatl pay Covered Employees wa2e rates in
accordance with federal and all other IDplicable laws such IS overtime and similar waF
!In
(f) PoatIn,. A cOPy of the livin, wa. rate shall be kept polled bv the Covered Elnploycr
at the lite of the work in a prominent place when: it can euify be ace" and n:ad by the
Covered ErQpJoyeea IIKl shall be .QWIied to the ~Joyec within a R:8IOIUlble time after
a request to do 10. Po.cina R:qpirementl will not be required where the Covered
EDlpJoVCl" Drint. the followin. statements on the front of che Covered Bnw1C)we's fint
p.ychack and eyery six month. thereafter: "You are reauircd by City of Miami BelCh Jaw
to be plid at least SI.S6 doJJa an hour. If)Ou are nOl paid this hourly rate. contact YOUr
empJo\'el'. an attorney. or the City of Miami Beach." All notices will be printed in
Bn~i.h. SDani.h. and Creole.
III CoUedIve ......nlntr. Nothina: in this Division shall be rad to ~~re or authorize any
Covenld BmplQyer to reduce WIP' set by a collective barpinin, qrccment or arc
required under any Drevailin, waF law.
40f9
SECTION 2-409. Reser"ed
IMPLEMENTA TION
eal Procurement SDeclncatlons. The livimt wage shall be teQuired in the procurement
specification. for all City service contracts for CovemJ Services on which bids or oroppsals
shall be solicited on or after the effective date of this Division. The DJ"OCuremcnt
soceificationa for 8DJ)licabJe Covered Services contracts shall include a requirement that
ServiceContraclors and their subcontractoD agree to produce all documenta and records
rcJatln, to payroll and compliance with this Division upon reauest from the Citv. All
Covered Service contracts awarded subscouent to the date when this Division becomes
effective. shall be subicct to the requirements of this Division.
(b) Information DI.trlbu~. All requests for bids or ROuesls for DroDOsala for Covered
Services contracts of $100.000 or more shall include apDroDriate information about the
Jequirements of this Division.
ee) MalntenaDee of Payroll Remnll. Each CoveRd BmDlover shall maintain pavroUs for
all CoVCRd Employees and basic records ~Ialin, theRia ....d shall preserve them for a period
of three (3) vean or the tenn of the Covered Services contract. whichever is lZI'C8ter. The
record. shall contain:
(1) the name and addrel. of each Covered Employee:
(21 the job title and clulineation:
(31 the number of hoUB worted each day:
(4) the pol' wues eamed and deductions made:
(.5) annUli waJca paid:
(6) a cOJ)v of the locial security returns and evidence of oavment
thereof:
(7) a record of fdnae benefit payments includina contributions to
approved plan.: and
(8) any other data or infonnation this Division sh041d requite from
time to lime.
Cd) ReDOrtlna Payroll. Everv six (6) month.. the CQvered EmDlover dl.n file with ttJe
Procurement Director a comnlete Davroll ahowinlr the Covered Bmplover'l navroll
records for CICh Covemd EmDlow:e wortcin. on the conlnlclCl) for COyemd Senricel for
one DIVlDII neriod. Qpon reauest from the City. the Covered Employer .hall omduce
for inspection and CQP)'iIl' ill DByroll recorda for ....y or all of its Covered Em,plow=es (or
any period covered bv the Cove.rcd Service contract. The Citv may examine oavroll
records as _..t,..,d to ensure compliance.
"'~ON 2-410. a........
COMPLIANCE AND ElWORCEMENT.
eal SenSee Conlncl:or to COODeJ'IIIe. The Service Cofttractor shall Dennit City emolovees.
ap!nll. or ~reIeJ1tatiVCI to observe work beina performed 81. in or on the proiect or maUer
for which the Service Contractor has a conb'BCt. The Ciey ~presentative. mav examine the
boob and records of the Service Conlnctor relatin, to the employment and D~II to
defennine if the Service Contractor is in comDliance with the provision. of thi. Division.
50f9
.
. lbl ~mDlalnt Procedures and Sanctions,
(l) An employee who believes that this Division IlDplies or apDlied to him or her and
that the Service ContrlCtor. or the City. is or wu not conw1yin, with the
reQuirements of thi. Division has a ri,htto file I complaint with the Procurement
Di~tor of the City. Complaints by employees of aJle,ed violations may be made
at ay lime and shall be investipted within tbj~y (30) days ~ ll1e City. Written and
oral statements by an employee shall be treated as confidential an~ shaJJ nol be
diaclosed withopt the written consent of the employee to the extent "Jowed bv the
Florida Statutes.
l2l AnY individ,la) or entiJv ma.y also me a complaint with the ProcW"Cment Direc,or
of the City on behalf of an employee for investigation bv the City.
l3l It shall ~ the reaponsibiJity of the City to investiule all alleptionl of violations
of this Division within thil'\Y C30l day&. If. at any time. the Cj~y. upon inveltilation
detenninelthat I violatiOn of thil Division has occumd. it shall. within len (10)
wortin, dQI of a mclin, of non-compHance. issue a notice of com:ctive action to
the emploYer ~ifyin, all areas of non-com.,pliancc and deadlines for ~Iulions of
Jhe identified violations. If a Service Contrllctor faill to comply with any notice
i'.l~ the City Man_JCf or the City Man.r's dc;sipoc: may iSlue an order in
writina to the Service Cont~or. by certifjed mail or hand deliverY. notifvin2 the
Service Conlractor to 1Q),peaI' at an administralive hellin, before the City Man_Ier
or the City ManaRI". desiJDee to be held at I time to be fixed in such order. which
dale shall ~ not less than five (5) days after service thereof.
C41 The proceedin,s shan be infonnal. but .hlll afford the Se~ice Contractor the
Daht to testify in the Service Contractor's own defense. ~lOnt wi~nelscs. be
RDl'UCnted bv counsel. submit relevant evidence. croll examine MtRClIe' and
obiectlo evidence.
(5) The proc~inu shan be recorded and minutCl kept bv the City. Any Service
Contractor RQuirina verbatim minutes for iudicial review m..y arran,e for the
services of a coun reDOner at the cxocnsc of the Service ~ontractor.
(6l Within ten (10) ~ of the c]oae of the hearinL the Citv MlUlAfer or the City
Mana...'. deaipee .hall lender I deGision in writin, detmmi~ne whether 01' not
the Service Contrlctor ~. in corqpli~ or whc~ other actiqn thO\lJd be laken.
or whothcr the matter should be continued. u the cue may be. and stetinl! the
reuonl and findinp of fact.
(7) The Ci~ Manner or the Cil)' Man.,er'l desimec shall file tindina. with tbe
City Clerk.. aqd shall send a tJue and 901'111Ct CQ~y of hi, o~ by certified mail.
return rece,pt requelted. or by hand delivcsy. to the business address.. the
Service Contractor shall deaianare in writinS.
fl) The City Manager'l or dcsiJllee's !imtin.- IhaII constitute the final
administrative llCtion of the at)' for pumoBel of judicial review under state law.
6of9
.
(9) If a Service Contractor fails to seek timely appeIJate review of an order of the
City Man.Ref or the City Manu.erts desi~ee. or to comply timely with such
order. the City may ~ur&ue the enforcement of sanctions set forth in Section 2-
410 (cl.
Cel hi".... ,"'rht 01 Adlon A"hut ServIce Contr.ctor Any Coyered EmQlov~ of or
fonner Covered Rmnlovee of . Service Contractor may. instead of UlilizinR the City
admini.trative moceduRlset forth tn this Division. but not in addition to such Dl'DCedure.
brinR an action bv filinsr luit all.inlt !he Covered ErnnlQver in anv court of comoetent
iuriadiction to enforce the DrOvisions of this Division and. mav be awarded back oay. benefits.
attomev'. feel. and coati. The aODlicabJe Iltatute of limitations for ~uch a claim win be two
(2\ vean aa nmvidM in Florida Statute. Section 9S.lI(4l(c) for an action for Davm~nt of
wan.. The court may also imDose sanction. on the Service Contractor. includin. those
DeI"IOft. or entities aidinsr or abetting the Service Contractor. to include waRe restitution to
the affected Covered F.molovee and dams.1 oavable to the Covered Emnlovee in the "urn
of un to SSM for each week each Scrvicc Contractor is found to have violated this Division.
Cd) SanctloDl ADlnlt Service Contradon. For violations of this Division. the qty shall
sanction a $ervicc Contractor by reouirin, the Servicc Contractor to pay waae restitution
at thc eml>>loyers expense for each affected employee an~ may .ceca.the followintl:
(1) The City mllv impose damucs in the awn of $.500 for each week for each
emDJovee found to have not been paid in accordance with this Diyision;
ancllor
(2) The City m.Ylusoend or tennin.te Davment under the CoveJU SCl"Vices
contract or tcnninate thc contract with the Service Contractor: 8n4l0r
()) The CiCy may declare the e~loycr ineUlible for future service contracts
for three ()) ye8l'l or unail all oenaltiea and restitution have been aRid in full.
whichev~r is longer. In addition. all emDJoyers shall be ioelipble under this
section where principal officen of the el1lPloyer were principal officers of an
employer who violated this DivisioQ.
to) Public Reeord of Sanction.. All such sanctions recommended or imooscd shall be a
matter of public record.
en Sardo.. for AldlD, and AbeUiDI!. The sanctions in Section 2-410 ee) shall also applY
to any party or Danicl Iidin, and abettin, in any violation of this Division.
CJl .......don _ad Dlscrlmlnadon Barred. A Covered EmDlover shall not dischlUEc.
reduce the coD1pensstion. or otherwise dilCriminate Bpinst any Covered EmDlovee for
mlldna a campl.olto the City. or otherwise 8IlCrtin, his or her riUlI under this
Divi.ion. panicipatinR in any of itl proceedinp or Ulin, any civil ~mediCl to enforce
pi. or her rilrhll under this Division. AlJesrations of retaliation or discrimination. if found
true in a procoed.inJ under pal''&2ra,ph (I)) or by a court of competent iurisdiction under
~h ec). shall result in In Older of restitution and reinstatement of. diachlU1l.ed
Covered BlpplQyec with back pay to the date of the violation or such other relief as
deemed approDriatc.
70f9
~
:
(h) Enforcement Powers. If necessary for the enforcement of this Division. the City
A.......v Commislfion may issue suboocnas. comoel the attendance and testimony of
wilne.leI and oroduction of books. OlDeR. ~orda. and doc:umenll rel.tin, to pavrolJ
records necessary for hoarina:. investi,.tions. and proceedinp. In case of disobedience of
the subpoenL the City Anomoy may apply to a court of competent iurisdiction for an order
rcquirin2 the attendance and \pstimony of witncslCl and production of books. p.pen.
recorda. and document.. Slid court. in the case of the refusal to obey such lulqKJen.. after
notice to the penon subpoenaed. and upon nndin, that the attendance or testimony of such
witnesses of' the production of such book.. OlDer!. records. and documents. u the case may
be. is relevant or neccssm:y for such hemn,s. invesliptions. or procecdin,s. mav issue an
order requilin, the attendance or testimony of such witncsses or the production of such
documents and any violation of the court's order m-'y be punishable by the court u contempt
thereof.
(j) Remedla Herein Non.Enluslve. No remedv set forth in this Division is intended to
be exclusive or. premquiaite for auertin, I claim for relief to enforce the "eJlts under this
Division in a court of law. This Division shall not be conStnled to limit an employee's right
to brin, a common law cause of action for wrongfuJ tenninalion.
SECI'ION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same arc hereby
repeaJed.
SECTION 3. SE~RABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shaJJ 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 m8dc a part of the Code
qf the City of Miami Beach, Florida. The sections of this Ordinance may be returned.
80f9
.
,
SECTION 5. SFFlCTlVE DArE.
This Ordinance shall take effect on Ihe 28th day of April , 200J.
PASSED and ADOPrED this.J!!!!. day of April, 2001.
ATI'EST:
J1tJ MAYOR
141u.0- ralc.1UA..-
CITY CLERK
lit readina
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM'" LANGUAOE
'" FOR BXECUflON
r-~?-oL
-y-~~...~....-..
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
"ADMINISTRATION"; 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-t08(b), ENTITLED 'IHEAL TH
BENEFITS". THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "EUGIBlLITY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE
THE $8.51 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
theretore, contractors and subcontractors of City service contracts must pay their
emproye88 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
COMM.SSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b}, entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "AdmInIstration, of the Miami Beach City Code Is
hereby amended to read 8S follows:
Chapter 2
ADMINISTRATION
.. .. ..
Article VI. Procurement
.. . .
Division 6. Living Wage Requirements for Service Contracts and City Employees
. . .
SECTION 2....08. LIVING WAGE
. . .
(1aJ HI."" 8Ift.tlle. Fer a C9\l8red e....eyer er the City te eemply with the IMAg wage
pf9tJisieA oy GhoesiAfj to pay the le'/.Ier wage Beale 8W1Nable vJheR a Cat'ered IiMPleyer
al.e ,19M.. health heRem., .wet:'l health BeAefite shall GeRsilt ef paYfl'aRt ef at leas'
$1.26 per hewr tewaftl. the pFCr.'IIIeA af health 88M beRelte fer Ce'/ered Empleyees aRd
their -'epeR"e"... If the health heAefits plaR af the Cavered impleyar er tt!e City re"wlres
aR IRiUal peFkMI ef emple)'fReAt fer a Rwn 8fRpleyee to M eligiBle fer health DeRefits
(eligibility peRed) 8ush Cs\'erM impleyer er CiI!{ may "..alily to pav tho S8.1& per hewr
'.-Jil" leale "uFl. t"e Rew employee'. elilliallily peRH prevldM "e RBW empleyee will be
paid health BeRe". "POA Ge"'p18l1eA of the ellgi8111ty perlM. Prest ef the previsiGR ef
heal'" Ia'Refill "'''6t be submitted Ie the aMAlIA, M1thoFIIy 18 "uallly fer the 'Nage rate for
e"'pI8)'8e6 vJith health beAefit8.
(bJ He.1th Benefits: ellalblllty aerlod. For a Covered Emplover or the CIlv to comPly with
the IlvIno waDe arovl.ion by choosinG to DaY the Ipwer waDe scale available when a
Covered Emplover also oFOvid88 health benefits, 8uch health benefits shall consist of
paYment of at least $1.25 Der hour toward the provIsion of health benefits for Covered
Emolovee~ and their deDendents.
If the health benefits olan of the Covered Emolover or the City reQuires an initla' oer1od of
emolovment for a new emDlovee to be eliaible for health benefits leUaiblflty Denod) the
lIv1no waae DIOvl8ion shan be comDlled with 88 follows durinG the eliaibllity oeriod:
(1) Provided the new emDlovee will be Dald health benefits uoon the comDletlon of
the eIJ9ibDitv Deried. 8 CoveJ'8d Emoloyer or the City mav only Qualify to Day the
$8.56 Der hour waDe scale for a term not to exceed the first ninety (~) daw of
the new emDlovee's elIGibility Deriod. said term commenclna on the emDloves's
date of hire.
(2) If the Covered EmDlover's or the City's elialblllty period exceeds the ninety (90)
day term Drovided in subsection (1) above. then the Covered Emolover or the
City. commenclna on the ninety first (91.) day of the new emoloyes's elialbilitv
oerled. must commence to Dava Iivina wace of not less than 59.81 an hour.
Proof of the orovislon of health benef1ta must be submitted to the awardina authority to
9ualifv for the W80e rate for emDlovees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provIsion of this OrdInance Is held invalid, the
remainder shall not be affected by such InvalidIty.
SECTION 4. CODIFICATION.
It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it Is
hereby ordained that the provIsions of thIs 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
~~ ftttJ.u-.
CITY CLERK
..,...,...., ...
1st reading
2nd reading
AllPRaUlDAlm
POIIM aLAtIGUAGI
alQlllXlQUllOH
T='AGENDA\20031apr0903\ragul.r\l..IYlng w.ge Prob Per 04 03 ord.ctoc