HomeMy WebLinkAboutWestaff (USA) Inc.
e MIAMtBEACH
PROCUREMENT Division
MEMORANDUM
TO: Robert Parcher - City Clerk
FROM: Pamela Leja - Procurement Division
DATE: September 1,2006
SUBJECT: Professional Service Agreement
Hello Bob,
Following are four sets of a Professional Service Agreement for Temporary Personnel
Services to be executed with Westaff (USA), Inc.
Please call me upon being signed, and I will have them picked up and distributed
accordingly.
~~
Ext. 6650
;0010- dbD9/
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PROFESSIONAL SERVICES AGREEMENT
BETWEENTHE CITY OF MIAMI BEACH, FLORIDA
AND
WEST AFF (USA), 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 lilt. day of JIMIW/fu1 ,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 WESTAFF (USA), INC. (hereinafter referred
to as Contractor), a California corporation, whose address is 419 W. 49th Street, Suite
#111, Hialeah, Florida 33012.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Contractor.
City Manager:
The Chief Administrative Officer of the City.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to
be an independent Contractor, and not an agent or employee of
the City.
Services:
All services, work and actions by the Contractor performed
pursuant to or undertaken under this Agreement, as described in
Section 2 and Exhibit "A" hereto.
Fee:
Amount paid to the Contractor to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention
Center Drive, Third Floor, Miami Beach, Florida 33139, telephone
number (305) 673-7000, Ext. 6435, and fax number (305) 673-
7023.
1
SECTION 2
SCOPE OF SERVICES
2.1 GENERAL
The City is entering into this Agreement for temporary personnel services, on an
"as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together
with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto,
attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the
Services). Temporary personnel are needed to cover for regular City employees who
are on vacation or leave of absence; to temporarily fill vacancies until they are
permanently filled; and to work on special projects.
2.2 MIAMI BEACH ONE-STOP CAREER CENTER
Contractor hereby agrees to utilize best efforts work with the Miami Beach One-
Stop Career Center to recruit potential employees.
2.3 SCREENING, INTERVIEWING, TESTING AND TRAINING
Contractor will be responsible for, and provide to the City, supporting
documentations for screening, interviewing, testing and training of temporary personnel,
to include:
- In depth interview that includes job preferences, experience, goals, interest, attitudes,
motivation and other work-related attributes.
- Job-related tests to include typing and communication skills.
- Background checks, to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds), all to be performed at the
same level of stringency the City uses for screening its own employees for hire.
- Verification that its employees are not convicted sex offenders.
- Training employees on the City's Service Excellence Program.
2.4 INDEPENDENT CONTRACTORS
For the purpose of this Agreement, Contractor acknowledges and agrees that any
and all temporary personnel assigned by Contractor to provide services to the City
pursuant to this Agreement shall be deemed to be independent contractors and agents
or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees. Further each personnel shall not be deemed entitled to
Florida Worker's Compensation benefits as an employee of the City, or accumulation
of sick or annual leave.
2
SECTION 3
COMPENSATION
3.1 FEE
Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", based on the temporary personnel services provided, as needed, by the
City. The hourly rates set forth in this Agreement shall remain fixed and firm for the
duration of the Agreement, subject to negotiation based on Consumer Price Index _
Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate
increases.
3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW
Contractor acknowledges that it shall be required to compliance with the City's
Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as
same may be amended from time to time. At the commencement of this Agreement,
pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be
required to pay all employees who provide services pursuant to this Agreement, a living
wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits
for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an
hour without health benefits. Contractor's failure to comply with this provision shall be
deemed a material breach under this Agreement, under which the City may, at its sole
option, immediately terminate the Agreement, and may further subject Contractor to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as may
be amended. The most recent copy of the City's Living Wage Ordinance is attached as
Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole
responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well
as any subsequent amendments thereto.
3.3 TEMPORARY TO PERMANENT
In the event that that the City, at its sole discretion, elects to employ a temporary
employee, no fee and or penalty of any kind (resulting from the change in status of the
temporary employee from temporary to permanent), shall be assessed by the
Contractor.
3.4 INVOICING
Contractor is required to furnish the following information on its invoices for
temporary personnel supplied to the City:
- Purchase Order number issued by the City's Procurement Division
- Department and location within the City of temporary services provided
- Full name of individual performing the service
- Job classification
- Number of hours worked, by date
3
All invoices are subject to verification, approval, and processing by the City department
requesting the temporary personnel.
3.3 METHOD OF PAYMENT
Payments shall be made for Services satisfactorily rendered within thirty (30)
days of the date of proper invoice. Contractor shall provide invoices in duplicate to the
manager or department head of the City department utilizing the temporary personnel
for which the invoices are for.
With a copy to:
City of Miami Beach
Accounts Payable Department
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable Services. In its
performance of the Services, the Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for an initial term of two (2) years
commencing on the last date of execution of the Agreement by the parties hereto. At its
sole discretion, the City may renew this Agreement upon the same terms and
conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30)
days written notice to Contractor (such notice to be provided prior to the end of the initial
term or a renewal term, as the case may be).
4.4 TIME OF COMPLETION
The Services to be rendered by the Contractor shall commence upon receipt of a
Purchase Order from the City, subsequent to the execution of the Agreement. The
Services shall be ongoing for the Term of the Agreement, on an as needed basis.
4
4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-contractors, or any other person or entity acting under Contractor's control,
including without limitation any and all temporary personnel assigned to the City
pursuant to this Agreement, in connection with the Contractor's performance of the
Services pursuant to this Agreement; and to that extent, the Contractor shall pay all
such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The parties agree that one percent (1 %) of the total compensation to the
Contractor for performance of the Services under this Agreement is the specific
consideration from the City to the Contractor for the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its
violation of the particular terms of this Agreement and shall grant Contractor ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the
City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Contractor. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
to bring permissive counter claims against the City in any such action.
5
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND
OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR
PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO,
AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S
SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY
AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT
ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER,
THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR
SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS
REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Contractor
under the Agreement until the Contractor complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall
be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Contractor. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City.
6
4.8 AUDIT
Contractor shall keep such records and accounts and require any and all
subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall
be available at all reasonable times for examination and audit by the City and shall be
kept for a period if three(3) years after the completion of all work / Services to be
performed pursuant to this Agreement.
The City reserves the right to perform audit investigations of the
Contractor's payroll, and any other records, of employees assigned to the City. The
City's audit rights shall include, without limitation, ascertaining Contractor's compliance
with screening, interviewing, testing, and training requirements( pursuant to subsection
2.3) and the City's Living Wage Law. Contractor shall maintain any and all records
necessary to document compliance with the provisions of this Agreement, and shall
make available to the City, upon request; such records for audit and examination
relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
Contractor shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance which shall be maintained with
insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher
rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these
requirements must be approved by the City's Risk Management Department prior to
implementation of same):
1. Commercial General Liability: A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property
damage in the amount of a combined single limit of not less than $1,000,000
Coverage shall be provided on an occurrence basis. The City of Miami Beach
must be named as certificate holder and additional insured on policy.
2. Worker's Compensation: A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as
required per Florida Statutes.
Said policies of insurance shall be primary to and contributing with any
other insurance maintained by the Contractor or City, and shall name the City and the
officers, agents and employees of said organizations as additional insures under this
Agreement. Policies cannot be canceled without thirty (30) days prior written notice to
the City.
The Contractor shall file and maintain certificates of all insurance poliCies
with the City's Risk Management Department showing said poliCies to be in full force
and effect at all times during the term of the Agreement. No work shall be done by
7
Contractor during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers or carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by the
City's Risk Manager prior to commencement of any work or services under the
Agreement.
If any of the required insurance coverages contain aggregate limits, or
apply to other operations of the Contractor outside the Agreement, Contractor shall give
City prompt written notice of any incident, occurrence, claim settlement or judgment
against such insurance which may diminish the protection such insurance affords the
City. The Contractor shall further take immediate steps to restore such aggregate limits
or shall provide other insurance protection for such aggregate limits.
4.9.1 Failure to Procure Insurance
Contractor's failure to procure or maintain required insurance coverage
shall constitute a material breach of Agreement under which City may, at its sole option,
immediately terminate the Agreement.
4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of any and all sub-contractors, and any other person or entity acting
under the direction or control of the Contractor including with out limitation, any and
all temporary personnel provided in the City pursuant to the terms and conditions of
the Agreement. When the term "Contractor" is used in this Agreement, it shall be
deemed to include any sub-contractors and any other person or entity acting under
the direction or control of Contractor.
For the purpose of this Agreement, Contractor acknowledges and agrees
that any and all temporary personnel assigned by Contractor to provide services to
the City pursuant to this Agreement shall be deemed to be independent contractors
and not agents or employees of the City, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the City, or any rights generally
afforded Classified or Unclassified employees. Further, each personnel shall not be
deemed entitled to Florida Worker's Compensation benefits as an employee of the
City, or accumulation of sick or annual leave.
8
4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, physical handicap, or sexual orientation. The Contractor shall take affirmative
action to ensure that applicants are employed and that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age, and
national origin, place of birth, marital status, disability, or sexual orientation.
4.13 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by
the City of Miami Beach Charter and Code, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
The Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly
are employed by the Contractor. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to
the City for public use.
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or
patent by or on behalf of the Contractor or its employees or sub-contractors, without
the prior written consent of the City.
4.15 NOTICES
All notices and communications in writing required or permitted
hereunder may be delivered personally to the representatives of the Contractor and
the City listed below or may be mailed by registered mail, postage prepaid (or
airmailed if addressed to an address outside of the city of dispatch).
9
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR:
Westaff (USA), Inc.
Attn: Patrick T. Hannigan
Vice President
419 W. 49th Street, Suite #111
Hialeah, Florida 33012
(305) 362-8258
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 Contractorfordamages
in an amount in excess of $1,000 for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City
by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the
City's liability as set forth in Section 768.28, Florida Statutes.
4.19 COMPLIANCE WITH APPLICABLE LAWS
The Contractor, its subcontractors, agents and employees, including with out
limitation, any and all temporary personnel assigned to the City pursuant to this
Agreement, shall comply with all applicable Federal, State, Miami-Dade County and
City Laws, and with all applicable rules and regulations promulgated by local, state and
national boards, bureau and agencies as they relate to the Agreement and lor the
provision of services hereto.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
~ rfOvl~
M or
David Derm/
'Y;~6
Date
ATTEST:
By:
City Clerk
Robert parc~e/,~/
fd~J!f7
Date I
FOR CONTRACTOR:
WEST AFF (USA), INC.
ATTEST:
BY:~
AsstSecreta
------
VP of Con tracts
nature/Title
Ken Perscheid
Print Name
Patrick T. Hannigan
Print Name
8/25/06
Date
8/25/06
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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Date
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Miami Beach
*****
ANnM:aCIIJ
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CITY OF MIAMI BEACH
lQ
-
REQUEST FOR PROPOSALS (RFP) NO. 37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
www.mlamlbeachfl.gov
Pa""'aLeja@mlamibeachfl.gov
PHONE: (305) 673-7490
FAX: (305) 673-7851
UP NO. 37-04/05
DATE: 8/3/05
1
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
-
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No. 37-04/05
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on
August 31, 2005 until 3:00 p.m. for:
TEMPORARY PERSONNEL SERVICES
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30
AM. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY
HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORIDA
Attendance at the aforementioned pre-RFP submission meeting is NOT mandatory, but
strongly encouraged as a source of important information.
The City has contracted with B/dNet 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/southfloridalDublic/home1.asD or call
toll-free 1-800-677-1997 ext. 214.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail
or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention
Center Drive, Miami Beach, FL33139, or FAX: (305) 673-7851, or e-mail:
RFP NO. 37-04/05
DATE: 8/3/05
2
CITY OF MIAMI BEACH
PamelaLeiaCCUmiamibeachfl.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 THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-
3234.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES
WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING
WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A
LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT to THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO.
2003.3389.
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER
AS A LOBBYIST, AND AS OF MAY 18,2002, ACCORDING TO ORDINANCE NO.
2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE.
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro. asp.
CITY OF MIAMI BEACH
. _' ~._ ,l
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 37-04/05
DATE: 8/3/05
3
ClTV OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
v.ww miamibeachfl gov
PROCUREMENT DIVISION
Telephone (301) 673-7490
FlcllmUe (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 II proposlIl m 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 Paae(s)
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-14
III. PROPOSAL FORMAT 15
IV. EV ALUA TION CRITERIA 16-17
V. GENERAL PROVISIONS 18-19
VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY 21-29
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32
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CITY OF MIAMI BEACH
SECTION I . OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis., as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
The Mayor and City Commission at its July 27, 2005 meeting, authorized the
Administration to issue this RFP for a Temporary Personnel Services.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal Submission Meeting August 16,2005 at 10:30 a.m.
Deadline for receipt of questions August 19,2005 by 5:00 p.m.
Deadline for receipt of Proposals August 31,2005 by 3:00 p.m.
Evaluation Committee meeting September 2005
Commission Acceptance of City Manager's October 2005
Recommendation, and Authorization to Enter
Into Negotiations, and Contract Awards
c. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by August
31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original
and all copies must be submitted to the Procurement Division in a sealed
envelope or container stating on the outside the Proposer's name, address,
telephone number, RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
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CITY OF MIAMI BEACH
D. PRE-PROPOSAL SUBMISSION MEETING
A PRE-RFP submission conference has been scheduled as follows:
Date: August 16, 2005
Time: 10:30 a.m.
Place: City Manager's Large Conference Room located at City Hall, 1700
Convention Center Drive, 4lh Floor, Miami Beach, Florida, 33139.
E. CONTACT PERSON/ADDITIONAL INFORMA TION/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. MODIFICA TIONIWITHDRAWALS 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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CITY OF MIAMI BEACH
M. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State
and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines. Ignorance on the part of the Proposer will in no way relieve it from
responsibility for compliance.
N. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made
and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. VVhere surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
O. CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer,
director, agent, or immediate family member (spouse, parent, sibling, and child)
who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an
interest of ten (10%) percent or more in the Proposer or any of its affiliates.
P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions, as prescribed herein, in addition to disqualification of their
Proposals, in the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
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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, RFC, RFU, or bid.
v. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee. or through any other
person, to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. No candidate, or campaign committee of a
candidate for the offices of mayor or commissioner, shall solicit or receive any
campaign contribution from a person who is a vendor to the City, or through a
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CITY OF MIAMI BEACH
member of the person's immediate family, or through a political action committee,
or through any other person on behalf of the person. This prohibition applies to
natural persons and to persons who hold a controlling financial interest in
business entities.
W. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
X. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
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CITY OF MIAMI BEACH
SECTION II - SCOPE OF SERVICES
A. GENERAL
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis., as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
B. TERM OF CONTRACT
The contracts shall commence after the approval of the Mayor and City Commission
. and shall remain in effect for a period of two (2) years. Providing that the successful
Agencies will agree to maintain the same terms and conditions of the contract, the
contracts may be extended for an additional two, one-year periods at the City's sole
discretion.
C. LIVING WAGE
Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide
services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour
plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or
a living wage of no less than $9.81 an hour without health benefits.
D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
The successful Agencies' hourly rates offered in their proposal submission shall remain
fixed and firm during the term of their contracts, subject to negotiation based on
Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinance rate increase.
E. PAYMENT
All Agencies supplying temporary personnel services to the City are required to furnish
the following information on Agency invoices for the personnel supplied:
1. Purchase Order number issued by the City's Procurement Division
2. Location of temporary services performed
3. Full name of individual performing the service
4. Job classification
5. Number of hours worked, by date
The invoices are subject to verification, approval, and processing by the department
requesting the temporary personnel.
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CITY OF MIAMI BEACH
F. WEAR OF UNIFORM
When temporary personnel are assigned to working events with the general public, they
will be required to wear a uniform or a vest with the Agency's name and logo on it.
G. TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee, damage fees (temporary to
permanent charge) shall not be assessed.
H. PAYMENT
The basis of the amount of the payment shall be the hourly rate per hour times the
number of hours worked. Overtime will be considered after forty (40) hours of work per
week according to the Fair labor Standards Act. The hourly rate quoted includes all
overhead, profit and benefit costs to the Agencies, including employee's hourly rate,
which will be in accordance with the City's Living Wage Ordinance.
I. PERSONNEL INTERVIEW AND SELECTION
The City's representative(s) and successful Agencies shall mutually agree on the job
description, minimum qualifications, duties and responsibilities for each position as
needed. The City has the option to request more than one person at a time for any
specific assignment to interview and select the best candidate for that specific
assignment, at no cost to the City.
J. MIAMI BEACH ONE STOP CAREER CENTER
All temporary personnel services firms that are being recommended for award have
agreed to work with the One.Stop Career Center to recruit potential employees. By
working together with the Center, the City can insure a larger pool of qualified workers,
and support the work of the Center in helping secure gainful employment for
unemployed and under employed Miami Beach residents.
K. QUALIFICATION
In the event that any personnel from the successful Agencies assigned to the City are
found to be unqualified for any specific assignment, the City has the right to return such
employee at no cost to the City. The City shall be the sole judge of the individual's
qualification and its decision shall be final.
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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 Department/Division 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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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.
. .'ntroduction 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 0.1 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, .-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: 8/3/05
SECTION IV - EVALUATION CRITERIA
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each proposal in accordance with the requirements of this RFP.
If further information is desired, proposers may be requested to make
additional written submissions or oral presentations to the Evaluation
Committee.
5. The Evaluation Committee shall recommend to the City Manager the
proposal or proposals acceptance of which the Evaluation Committee
deems to be in the best interest of the City.
An Evaluation Committee appointed by the City Manager, will recommend the most
qualified Agencies based on the following criteria:
Evaluation Criteria/Factors
Weiaht
Experience and qualifications of the Agency... ... ... '" ... ...... ... ... ... '.' ... ... ... .30 points
Screening, interviewing, testing and training program... '" ... ... ... ... ... ." ... ... .20 points
Proven performance of providing qualified and productive employees...... ....30 points
Billing rates... ... ... ... ... ... ... '" ... ... ...... ... ............ ... ... ...... ... ... ... '" ...... .... .20 points
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.
ImDortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point during
the aforesaid evaluation/selection process until and unless a contract has been
agreed to and signed by both parties.
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CITY OF MIAMI BEACH
SECTION V . GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants,
or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any
or all of its right, title, or interest therein, or its power to execute such contract to
any person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold
harmless the City of Miami Beach and its officers, employees, and agents, from
and against any and all actions, claims, liabilities, losses and expenses, including
but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of the successful proposer, its employees, or agents in connection with
the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
C. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon
have the right to terminate the services then remaining to be performed by giving
written notice to the successful proposer of such termination which shall become
effective upon receipt by the successful proposer of the written termination
notice.
In that event, the City shall compensate the successful proposer in accordance
with the Agreement for all services performed by the proposer prior to
termination, net of any costs incurred by the City as a consequence of the
default.
Notwithstanding the above, the successful proposer shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the Agreement by the proposer, and the City may reasonably withhold payments
to the successful proposer for the purposes of set off until such time as the exact
amount of damages due the City from the successful proposer is determined.
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D. TERMINA liON 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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SECTION VI- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain. provide and maintain during the
term of the Agreement the following types and amounts of insurance which shall be
maintained with insurers licensed to sell insurance in the State of Florida and have a B+
VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to
these requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage
in the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as
certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers,
agents and employees of said organizations as additional insured while acting within the
scope of their duties but only as to work performed by the Selected Proposer under this
Agreement. This policy cannot be canceled without thirty (30) days prior written notice
to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with
the City's Risk Management Department showing said policies to be in full force and
effect at all times during the course of the Agreement. No work shall be done by the
Architect during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers of carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident. occurrence, claim
settlement or judgment against such insurance which may diminish the protection such
insurance affords the City. Selected Proposer shall further take immediate steps to
restore such aggregate limits or shall provide other insurance protection for such
aggregate limits.
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
RFP NO. 37-04/05
DA TE: 8/3/05
20
CITV OF MIAMI BEACH
SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO THE CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal
form, pursuant to the "Personnel Services Position Descriptions" herein.
Proposers are not required to submit pricing for all positions/job
classifications.
4. Declaration
5. Questionnaire
RFP NO. 37-04/05
DA TE: 8/3/05
21
CITY OF MIAMI BEACH
PROPOSER INFORMA TJON
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 ~tems 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
CIT\' OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 31-04105
Directions: Complete Part lor Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Proposer - Name
Date
Signature
RFP NO. 37-04/05
DA TE: 8/3/05
23
CITY OF MIAMI BEACH
OECLARA TION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
IlFP NO. 37-04/05
DA TE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If a Foreign CorDoration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DA TE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No ( )
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DA TE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes () No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not ( ) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations~ To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
RFP NO. 37-04/05
DA TE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
RFP NO. 37-04/05
DATE: 8/3/05
28
CITY OF MIAMI BEACH
Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and such
information is warranted by the Proposer to be true. The undersigned Proposer
agrees to furnish such additional information, prior to acceptance of any
proposal relating to the qualifications of the Proposer, as may be required by the
City Manager. The Proposer further understands that the information contained
in this questionnaire may be confirmed through a background investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Print Name of Firm
Signature
Pri nt 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-ethniclmulti-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-ethniclmulti-cultural environment.
5. Clerk I!
One year experience in general clerical work, possess computer software experience and
good people skills. Dependability and self motivation, work flexible schedule, including
weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural
environment.
RFP NO. 37-04/05
DA TE: 8/3/05
30
CITY OF MIAMI BEACH
6. Clerk III
Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Experience in meeting public and ability to deal with customers using tact, poise, patience
and courtesy. Knowledge and experience in using MS Word, Excel, other MS office
application programs. Must have ability to work in a multi-ethniclmulti-cultural environment.
Must type a minimum of 40 wpm.
7. Bookkeeper / Accountina Clerk II
Three years experience in accounting, supplemented by course work in accounting or
bookkeeping; or any equivalent combination of experience and training. Must have ability to
work in a multi-ethniclmulti-cultural environment.
8. Customer Service Reps / Complaint Operator
Responsible telecommunications work in the Safety communications Unit. Retrieving,
evaluation, processing, modifying, and inputting information within various computerized and
manual information systems. Type 30 correct wpm, effective communication skills, may
include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi-
cultural environment.
9. Customer Service 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. Caroenter
Knowledge and skills in carpentry work at the entry level in the construction and finish work
including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electricia n
Master Electrician's certification, prior experience with drawings and reading blueprints,
design an installation of electrical systems. Skilled work at the entry level as an electrician in
the construction, maintenance and repair of city facilities.
RFP NO. 37-04/05
DATE: 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. NC 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
DATE: 813/05
32
CITY Of MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
August 24, 2005
ADDENDUM NO.1
Request for Proposals (RFP) #37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
The following additional information as a result of inquiries from individuals is
hereby forwarded:
1) The due date for the submission of Proposals has been extended to Tuesdav.
SeDtember 6. 2005 at 3:00 Dm Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 In September 2001 is attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work VS. outdoorltradesman/manual
labor?
Answer #1: In round numbers, the City paid approximately the following dollar values to
temporary personnel agencies:
FY2005
FY2004
FY2003
$1.1 million
$1.3 million
$1.2 million
There exists no specific breakdown of the number of temporary employees that
the City utilized or currently utilizes. that can be provided in a report format. It is
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoorltradesman/manuallabor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: Vllhat is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes, Le. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not possible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.I.
Thus, a nationwide check would reveal such information.
Question #5: V\lhat type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5: A five panel test, which must have negative results, consisting of the following:
Initial Test Level
GS/MS Confirm
Test level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 nglmL
300 nglmL
50 nglmL
2000 nglml
25 ng/mL
500 ng/mL
150 ng/mL
15nglmL
2000 ng/mL
25 ng/mL
Addendum #1, 8/24/05
RFP 37-04105 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes. upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7
As this is an RFP and not an ITB, supplemental information may be provided.
If you have any question please contact Pamela Leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
Gus lopez, CPPB, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
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Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Westaff(USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Table of Contents
Title
Table of Contents
Proposer Information
Qualifications
. Worker Relationship Management
. Contingent Workforce Management
. Assessment - Office Environment
. Drug-Screening
. Background Checking
References
Fee Proposal
Acknowledgement of Addenda
Additional Documentation
. Declaration
. Questionairre
1
Page
1
2
3
4
5
6
7
8
9-11
12
13
14-18
PROPOSER INFORMATION
Submitted by:
Westaff (USA), Inc.
Proposer (Entity):
Westaff (USA). Inc.
Signature:
~~~
Name (Typed):
Patrick T. Hannigan, VP of Contracts
Address:
419 W. 49th Street
Suite #111
City/State:
Hialeah. FL 33012
Telephone:
(305) 362-8258
Fax:
(305) 362-6980
It is understood and agreed by Proposer that the City reserves the right to reje~~
any and all Proposals, to make awards on all items or any items according to th;..;
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.
~ Y'-hv~ - AUQust 17. 2005
(Authori ed Signature) (Date)
Patrick T. HanniQan. Vice President of Contracts
(Printed Name)
2
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Qualifications
Worker Relationship Management
To Match Your Business Objectives
Westaff's goal for our Worker Relationship Management {WRMj Program is to find qualified applicants and
provide them with a first-class work environment that will promote advancement and achievement. We know
that it's our responsibility as a staffing leader to get to know each applicant's strengths, weaknesses, skills and
talents - and to place them in appropriate positions that will allow them to excel.
Our WRM Program consists of five parts, including an initial, customized six-step selection process that is a
proven key to our success. Our approach is different from our competitors. We take the time to get it right.
Our program ensures that our associates are completely assessed, oriented and educated about both Westaff's
and your expectations. And we follow through with a complete quality assurance program.
I. Six-Step Selection Process
. Telephone Pre-qualification - Communications skills, applicable experience, schedule flexibility,
location, pay expectations, computer skills
· Applicant Processing - Application form, references. skill worksheet. Westaff Policy Statement
. Westaff Overview - Welcome to Westaff orientation. harassment prevention program.
drug free environment program
. Behavioral Interviewing - Verify expectations. position, and pay. Review accomplishments
& successes. Interview prompter, work history, written and phone script evaluation
· Candidate Assessments - Skill tests, niche behavioral assessments, and customized assessments
based on client -specific needs
· Reference & Background - Employment references. customer-specific drug screens and
background checks
II. Westaff Orientation
· 1-9 Process
· SS Verification with
· Social Security Administration
· Westaff Overview
· Policy Review
· Procedure Review
· Position Expectations
IV. Qualitv Assurance
· Arrival Check
· First Day and Weekly Follow-up
· Quality Control Call
V. Ongoing Placement
We are committed to our associates.
Once they finish an assignment, we work
hard to find them another placement
that matches their skills and your
requirements. We believe this
approach builds trust and helps
us to retain the best associates.
Every placement concludes with an
. Extended Assignment Review
· End-of-Assignment Report Card
· Exit Interview
III. Initial Placement. Client Orientation
& Training
· Client Company History
· Client Policy & Procedures
· Client's Position Review
· Client's Performance Expectations
· Client Orientation
· Review of Specific Client Requirements
· Client-Specific Classroom Training
- Products/Services
- Role Play/Games
- Homework
- Testing
3
Contingent Workforce Management
To Match Your Business Objectives
To provide you with the highest quality service and the best workforce solutions, Westaff customizes its
relationship with each client to reflect the latest advancements in contingent workforce management, including:
Professional Staffing & Recruiting
With our network of resources and our experience evaluating candidates, Westaff conducts job-specific
recruiting. We are able to fill a wide range of staffing needs, including contingent and contract assignments,
temp-to-hire and permanent placements from entry level to senior management.
Assessment
Westaff thoroughly evaluates our employees by assessing their skills and work characteristics to ensure a
good match before they are assigned. We conduct personal interviews, assess job-related skills which may be
required and check references so that you don't have to.
Pre-Employment Screening
For sensitive positions, Westaff partners with experts in the industry to provide fee-based substance abuse
analysis and advanced background screenings. Additional levels of screening may be available upon request.
Training
To ensure that our employees perform at the highest levels, We staff offers skill enhancement courses that
may also be tailored to your specific requirements. Many are self-directed using online tutorials and
instructional materials. Courses can also be provided in English as a Second Language in conjunction
with local educational programs.
Coaching and Assimilation
With our experience in managing and motivating a vast workforce, Westaff can custom-develop orientation and
training programs ai med at your specific workplace and built around your retention and performance needs.
Temp-to-Hire
Westaff's "try before you commit" program provides you with various fee-based options for either transferring
a temporary employee to your payroll or trying out a candidate for a permanent position before you make a final
decision. This transfer may be accomplished once a pre-determined number of hours has been completed. Fees
are calculated on a sliding scale based on the hours worked on assignment.
Permanent Placement
We are experts at matching the right people with the right jobs right now. At Westaff we provide a full range
of services to locate qualified candidates for positions ranging from entry level to senior management. Services
include extensive searches. in-depth interviewing. assessing job-related skills and checking references so that
you will interview and hire only the most qualified candidates. In most cases, the placement fee is a percentage
of the annual salary.
On-Site/On-Location411 Services
We can bring many of our administrative services directly to your work site. These services include worker
check-in. paycheck delivery and distribution, performance counseling and issue resolution.
For more information about these or any other staffing services you may require, please contact your
Westaff representative.
Westaff, Miami, FL, 305-362-8258
4
Office Environment
Talent TRAKsM Skill Assessments
The "Office Environment" Talent TRAKsM skill assessments provide an individual profile of each
candidate's likely strengths and "soft spots" in addition to predicting overall job success by
measuring basic, intermediate and advanced skills in areas which include:
· ACT! 2000 for Users
· Advanced Spelling
· Analytical Skills
· Basic Office Skills
· Bookkeeping
· Computer Literacy
· Corrective Proofreading
· Customer Service Mind-set Survey
· Data Entry 10 Key
· Data Entry 10 Key Quick Test
· Data Entry 10 Key With Decimals
· Data Entry 10 Key Alpha Numeric
· Data Entry 10 Key Check Number Database
· Data Entry 10 Key Inventory Database
· English as a Second Language
· Filing by Name
· Following Written Instructions
· Human Resource Basics
· Human Resources Benefits Knowledge
· Internet Basics
· Internet Research Skills
· Macintosh Basics
· Mailroom Management Skills
· Math Word Problems
· Numeric Proofreading
· Office Filing Skills
· Office Grammar & Spelling
· Office Management Skills
· Office Math Skills
· Payroll
· PeopleSoft HRMS
· Proofreader's Marks
· Punctuation
· Reading Comprehension
· Shorthand
· Typing Test
Identifying and Selecting the Most Talented Candidates
Westaft's Talent TRAKsM program consists of dozens of behavioral and hundreds of skill
assessments. Talent TRAK allows us to identify and select the most appropriate candidates and
employees to meet your needs. By assessing skills and reviewing behavioral characteristics, we can
gauge a candidate's organizational fit and probability for success within the position. Our goal is to
supply the best match for each of our customers - and Talent TRAK helps us achieve this goal.
For more information about these or any of the assessments available in Talent TRAK, please
contact your We staff representative.
Westaff, Miami, FL, 305-362-8258
5
Drug Screening
Managed Services To Match Your Business Objectives
For sensitive positions, Westaff can conduct fee-based substance abuse analysis screenings.
You may also request additional customized inquiries and verifications to meet your specific
business needs.
Thorough and Accurate Reporting You Can Rely On
Westaff's goal is to provide you with the most accurate drug testing available. That is why we
partner with proven vendors to provide accurate and timely drug screening which utilizes cutting-
edge technology. These are performed using a professionally trained and certified MRO (Medical
Review Officer). Our vendors have a proven reputation for accurate detection of a wide variety
of substances and comprehensive processes to detect low creatinine, specific gravity, dilute and
substitute specimens.
Next Day Results
Westaff receives 95% of all drug test results the next business day. The information is Web-
based and enables us to quickly determine whether the candidate is eligible to work and is in
compliance with your organization's requirements.
Typical substance abuse analysis screenings will detect:
· Marijuana: Up to 30 days
· Cocaine: 2 - 3 days
· PCP: 3 - 8 days
· Opiates: 1 - 2 days
· Amphetamines: 2 - 4 days
· Barbiturates: 3 days - 2 weeks
· Benzodiazepine: Up to 2 weeks
· Propoxyphene
· Methadone
Please contact your Westaff representative to find out more about this or any of our managed
services available to meet your business needs.
Westaff, Miami, FL, 305-362-8258
6
Background Checking
Managed Services To Match Your Business Objectives
For sensitive positions. Westaff can conduct fee-based advanced background checks.
You may also request additional customized inquiries and verifications to meet your
specific business needs.
Thorough and Accurate Reporting You Can Rely On
The process by which Background Checks are conducted determines quality and accuracy.
Some companies provide background checks that are merely pulled from databases and depend
entirely upon the accuracy and age of the stored data. Others go to county courthouses and pull
actual files but depend on the applicant to supply the names of the counties in which they have
resided - which has its obvious limitations. Westaff offers you more.
Westaff background checking includes:
· County Criminal Search (described belowl
· Basic Employment Reference
· Education Verification
· Employment Credit Check
· Unlimited County Criminal Search
County Criminal Search
To ensure the most accurate background reporting available, Westaff conducts a comprehensive,
4-step criminal record search:
1) A national database is scanned for any 'hits: Although 100% of the counties in the
United States are represented in this database, only 75% of the counties represented are
up-to-date. Therefore, Westaff adds the following additional steps to ensure accuracy.
2) A proprietary database of more than 19 million records is also checked for hits.
3) A "Trac Report" is conducted to determine in which county the applicant resided
the longest.
41 Visits are conducted to ALL applicable county courthouses to determine if the applicant has
any verifiable felony and/or misdemeanor convictions.
Please contact your Westaff representative to find out more about this or any of Westaff's
managed services.
Westaff, Miami, FL, 305-362-8258
7
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
References
Westaffs
CITY OF MIAMI BEACH
TEMPORARY PERSONNEL SERVICES
RFP No. 37-04/05
Miami-Dade County
III NW 151 Street
Miami, FL 33128-1983
Martha Perez CPPB
305.375.3248
mdperez@miamidade.l;!ov
Adminsitrative and Light Industrial Personnel
City of Miami
444 SW 2nd Ave
Miami, FL 33130
Maritza Perez
305-416-1907
305-416-1900 Fax
Purchase@ci.miami.fl.us
Adminsitrative and Light Industrial Personnel
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Nilda Garcia
305-673-7000 ext 11-6882
305-535-7513 FAX
Nildagarcia@miamibeach.fl.gov
Administrative Personnel
Parker Hannifan
15750 NW 59lh Ave
Miami Lakes, FL 33014
Jean Barreto
305-418-5281
305-418-5451 Fax
ibarreto@oarker.com
Administrative and Light Industrial Personnel
REFERENCES
ADVO, Inc.
5890 NW 163rd Street
Miami, FL 33014
305-341-9500
305-341-9509
George Garcia
Gg~arcia@advo.com
Light Industrial Personnel
Bertram Yacht
2663 NW 2151 Street
Miami, FL 33142
Manolo Perez
305-633-80 II
786-866-5427 FAX
manolo.oerez@bertram.com
Administrative and Light Industrial Personnel
Macy's
1245 NW 107lh Ave
Miami, FL 33172
Larry Fuertes
305-594-6337
305-594.6245 FAX
Light Industrial Personnel
Graybar
11250 NW 9151 Street
Medley, Florida 33178
Michelle Betancourt
305-520-4822
305-520-4950 FAX
michelle.betancourt@gbe.com
Administrative and Light Industrial Personnel
8
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Fee Proposal
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1.
Secretary I
Pay: $11.75 Bill: $17.16
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.
Pay: $12.50
Bill: $18.25
Secretary II/Administrative Assistant
Three years advanced experience in secretarial and clerical work including transcription,
dictation and execl.t. 9 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 Pay: $10.50 Bill: $15.33
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.
Pay: $9.81
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-ethnirlmulti-cultural environment.
Bill: $14.32
5.
Clerk 1/ Pay: $10.50 Bill: $15.33
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-ethnirlmulti-cultural
environment.
9
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
6. Clerk III Pay: $12.00 Bill: $17.52
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-ethnic/multi-cultural environment.
Must type a minimum of 40 wpm.
7. Bookkeeoer I Accountina Clerk II Pay: $12.50 Bill: $18.25
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 Pay: $10.00 Bill: $14.60
Responsible telecommunications work in the Safety communications Unit. Retrieving,
evaluation, processing, modifying, and inputting information within various computerized and
manual information systems. Type 30 correct wpm, effective communication skills, may
include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi-
cultural environment.
9. Customer Service ReDS I Communications Ooerator Pay: $11.75 Bill: $17.16
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-ethniclmulti-cultural environment.
10. Personnel Technician I Pay: $12.50 Bill: $18.25
Complex clerical and technical work of a specialist nature. Interpretation of department
operations, policies, procedures, dissemination of information, maintains records and reports,
computes and compiles data; updates. Types forms, answers correspondence, prepares
notices and minutes of meetings. Knowledge of HR preferred.
11. Caroenter
Knowledge and skills in carpentry work at the entry level in the construction and finish work
including materials, methods and techniques. Maintenance and repair of city facilities.
12. Electrician
Master Electrician's certification, prior experience with drawings and reading blueprints,
design an installation of electrical systems. Skilled work at the entry level as an electrician in
the construction, maintenance and repair of city facilities.
10
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
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. NC Mechanic
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, and related apparatus.
16. Painter
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
17. Buver Pay: $18.00 Bill: $26.28
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.
1 1
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Westaff (USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Acknowled2ement of Addenda
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
~'. ).. l.\ . c 5, '
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
Westaff (USA). Inc.
Proposer - Name
l~~M
Signature
Patrick T. Hannigan, Vice President of Contracts
AUQust 17. 2005
Date
12
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Westaff(USA), Inc.
Request for Proposals (RFP) No. 37-04/05
TEMPORARY PERSONNEL SERVICES
Additional Documentation
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this _.J1J:.b_ day of _______Jl.~jj:__________, 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
~~iGNATURE
_.1.1- t rj c k_I~-H.i!.r!.n; CJ a n___________
PRINTED NAME
-_..Y...i..f~-E!'~~iQ.~ n t 0 f j:.Q n t ra c ts ________
TITLE (IF CORPORATION)
13
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
------------____~~jJEff_Lus~J~~~___________
Principal Office Address:
298 N. Wiget Lane
Walnut Creek. CA 94598
Official Representative:
Kemp Mobley - Local Franchise Representative
Patrick T. Hannigan - Corporate Representative
Individual
Partnership (Circle One)
Corporation
If a CorDoration, answer this:
When Incorporated:
1986
In what State:
Cal ifornia
If a Foreian CorDoration:
Date of Registration with
Florida Secretary of State:
June 5, 1986
Name of Resident Agent:
CT Corporation System
Address of Resident Agent:
1200 South Pine Island Road~ Plantation. FL 33324
President's Name:
_l~Jrjfi~_New~~_____________________________
Vice-President's Name:
Dirk Sodestrom
Treasurer's Name:
Chri sta Leona rd
14
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Members of Board of
Directors:
w. Robert Stover
Patricia Newman
Dirk A. Sodestrom
If a Partnership:
Date of organization:
Not Aoplicable
Not Applicable
General or Limited Partners: Not APD 1 i cab 1 e
Name and Address of Each Partner:
NAME
ADDRESS
Not Applicable
* Designate general partners in a Limited Partnership
Not Applicable
I. Number of years of relevant experience in operating similar
business:__~z._______
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No (X)
If yes, give details on a separate sheet.
15
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
No
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No (X)
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not (X) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
The Company is not currently a party to any material litigation. In the ordinary
course of its business the Company is periodically threatened or named as a defendant
in various lawsuits. The principal risks that the Company insures against are
workers' compensation. qeneral llability. auto liability. property damage.
alternative staffing errors and omissions. fiduciary liability. fidelity losses
and lawsuits brought by employees and former employees.
16
RFP NO. 37-04/05
DATE: 8/3/05
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
US District Court, Eastern District of Tennessee: Sandra Wells vs
Westaff, Inc. Judqement of $1.616.00 in favor of plaintiff.
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)
Patrick T. Hannigan, Kemp Mobley, Jim Mobley, Maria Fernandez
17
RFP NO. 37-04/05
DATE: 8/3/05
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
WITNESS:
~ r~
Sign~
Mary E. Ellis
Print Name
Print Name
IF CORPORATION:
(CORPORATE SEAL)
Westaff (USA), Inc.
Print Name of Corporation
298 N. Wiget Lane
Walnut Creek. CA 94598
By: .RM;: ~ddress
Patrick 1. Hanni:an, .. iUe President
Attest: ~ ~ /I.c ~
1 ~ Bojfie A. MCDO~
CITY OF MIAMI BEACH
Secretary
RFP NO. 37-04/05
DATE: 8/3/05
:::- E~\-\ \ ~'\T
~
-
-
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MA YOK AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION" TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OJl' CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITI..ED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACI'S AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECfIVE DATE.
WHEREAS, the City of Miami Beach awards private finns con1rldS to provide scrvjccs for
the public. The City also provida financial assiltance to promote economic development and job
growth. Such expenditures of public money al.o servo the public purpose by creating jobs,
expandinl the City's economic bale. and promoting economic security for all citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose to
promote the creation of ful1-time, permanent jobs that allow citizens to support lhemaeJvea and their
funilies with dipity. Sub-poverty level waps do not serve the public purpoae. Such wapi instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
waaes by providing tbcirempJo)'ees with sociuscrvicclluch IS health care, houainl. nutrition, and
energy Ulistance. The City hu a responsibility when spending public fundi to set a community
ltandll'd that pennitl fuji-lime workers to live above the poverty line. Therefore, conltaclors and
subcontractOR of City service conlnCtlshould pay their employees nothinl Jcu than the livinl waF
herein dclcribcd; and
WHEREAS, in addition to requiring livinl wages for City services provided by private
finns, the City wi she. to serve II an example by providinl a IivinJ wIJe to IU City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, ~ORlDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Livin. Wale Requirements for City Contrxts", of Article
VI, entitled "Procurement", o(Chapter 2 of the Miami Beach City Code entitlecl"Administration"
i. h~by created to read u follow:
lof9
Chapter 2
ADMINlSTRA TION
. . .
Article VI. Procurement
. . .
Division 6. Uvin, WIJe Requirements for Service Contracts Mod City EmploYees
. '" "
Section 2-401.R..P1"
DeDnltJODl
eal "City" means the Rovemment of Miami Beach or any authorized .Jents. anv board.
apney. commission. deJ)8I1ment. or other cntiJy thereof. or any successor thereto.
Cb) "Covcllld Emolowe" mean. an~e emDloved by the City or any Service Contractor. II
further defined in thi. Division. either full Of part lime. as an cll1Dlovec with or without
benefitl or II ~ in.ndehl conb'lJ;tor.
eel .'Coyered BmDlo}e'" mean. the City and IIt1Y and III Service Contnlctora. whclber
contrlClinl directly or indirectly with the City. and aubcOhtractora of a Service Contractor.
Cd) "Service ContrICtor" iSlny individual. bUlineu entity. cOlp)ration (whether for Drofit
or not for pmfitl. oartnenhip. limited Jj~i1i\y COII\Pany. joint venture. or similar business
who I, conduclin, busineu In ~ami Beach. or MilU'Di Dade County. and meets one (1) of
the two (2) fOllow,n, criteril:
(I) The Service Conb'aCtor i.:
<a> paid in whole or pad from one orm(ftoftheCi~'I'JIBneraI'fund:
c__pitaJ pmiect finds. ~II revenue funda. or anv other funds either
directly or indirectly. whether by comoetitive IUd prp:ell. infonnal
biela. lMuatI for 1lI'ODOIaIa. some fann of solicitation. ne,otiation. or
ureement. or any OCher decialqo to enter into a conlnet: or
(b) enprt in the busineu of. or part of. a conlnet to pmvidc. a
subconb'8CI to provide.. or .imJlmiv li~ted to DI'Ovidc.. aervicel.
either dinetly or indimcdv for ~ beneftt of the Citv. However. thia
doea 1I01lw1y to contr8CtI related primarily to the aaJe of oroducIa or
EmIL
tel '"Covered Servicc:a" are the lwe of service. Dwchued bv the City that are subiect to the
lIIquilalentl of Ibis Division which include the followin,:
(I) Citv Semce Contncu
Conll1lctl inYolvin, the CiCy's expenditure of over $100.000 per year Ind which
include the 'oUawin, ~ of servtpes;
Cl} food 1XqJII1IIion ~or distribution:
(2) aecurlty aenlCCl;
(3) routine mlintenanc:e services such as cuatodial. cleanin,.
cOOU'uten. _&lie removal. rc,pair. refinishill2. and rec~lin,:
20f9
..
(4) clerical or other non-suoervisory office work. whether temporary
or pennanent:
(S) tranaoortation and IFldn, services:
i6} printin, and n;production Iel'Yj~:
(7) I...,mc.pin... Lawn. and or .,ncultural services: and
ill park and public place maintenance
(2\ Should anv service. thllllnl heiD2 nerformed bv City EmnJQwesll the time this
ordinance ia enlded be solicited in lbe futWl! bv the City to be nerfonned b~ .
Service Contraetor. s~h 1e~;Cl!& ,hall be Coyerm Services subiect to thi. Diyision~
SKCTION 2~8. ...".... LIVING WAGE
(.) LlYlnIW."~ld~
ill Senb COlllNetoq,
AU Service ConlrlctOl'll. .. defined by thil Division. entmin, into a contract with ~~
Ci~ of Miami Beach shill DaY to all ill ~pJo}'llel who provide ~ices covered bY
rhil Divilion. a livin, waae of no leu than SB.S6 an hour with health be~fi~~~; a
livin, w-.e of not leas lh@n 59.81 an hour without health ben"'t.. II described in
this SectiOIl.
(2) a.v EmDIo-
Por Ct'>' ~lQ)'eCI under the City Day plan. the Cily will be8in to pay alivinR Waft
consislent with the Roall and term. of this Divi.ion on phase-in b8iis b;;";;in~~~
the 2OOJ-2OO2 City budpt vear. io~aift, on an annual basi. incremeni;U;;
the LiViD, W.,r- il fully implemented for City employees in the 2003~ Ci~
bu.t )'Car II m~ be actiusred pursuant to lubaectfon Cd below. The';.... d;
LiWlR Woe to be oaId bv the a,v to ita emnloYma man not be mml!lCt to the an~~
indexin2 usin2 the ConIu~ Prfce I"dfi!1l for alllJrb.n Conaumera (CPI-m lIlauirwl
UDdm- aubla!tiOll lc;q ~Iow and in.tP-ad IhAII be .ubiect to neRotiatiCXll wtrt}in the
collective banraininlr StructUM.
(bl H....th Beqenll. Por a Covered BlQPlover or the City to comDJy with the ljvinR wap
Droyilion by chODlin, to ~ the lower ~ acale available when . Covered BrnPlo)'lll' ~
DrOyidel health benefit.. such health benefits shall coqsjlt of pavment of :::~.~~:
hour town the provision of health CII8 benefit. for cO;;;; &;.9 d h i
degmWntl. If the health benetitl plan of the Covera BlnlJloyer or th; at;;;~~ ~~
ini~aI period of emDlovment for a new CJnDIQyeC to be eJipble rei' health benc!filll~~::
p;pdod) such Co~ EmDJover or City may aualify to DlV the S8.S6 per hour _
durin, the new ~W!le.. initial elilibUi~ period pmvitWt the new eJQpl~;; ~IJ be p;j"ci
health benefit. ~pon comoletion o( ,he elilibility Pcrlod. Proof of the Dro~::e ~~t:fith
benofitl mUlt be submitled to the awllrCfin2 aUthority to qualify for the for
emglqyeel with helllh benotil4.
(el IncIedntr. The livinR WiRe will be automaticllfy indexed eICh vear usin, the Consumer
Price Index for III Urban ConlUmen (Cpr-In unless the City CommiuioD ~U;~~-;;
it would ,!ot be fiscally sound to implement the CPI-U in I DlJ'ticuJar year.
30f9
Cd) C,rtlftcatlon Reaulnd Befon r.vment Any and all contracts for Covered Servjce~
shall be void. and no funds may be released. unless prior to enterina anv alp"Oement with
the Cry for a Covered Services contract. the employer certifies to the City that it wiJJ Di\)'
each of ita emplo,ees no leu than the livinR w.,e described in Section 2-408 (8). A
copy of this certificate must be made available to the public upon reqUClt. The
cc;rtificate. at I minimum. mUlt include the followini:
(1) the name. Address. and Dhone number of the emplover. a local contact
penon. and the specific moiect for which the Covered Services contract
is sount:
(2) &he amount of lhcCovered Services contract and &he City Department the
cQntract will lerve:
(3) a brief dacriotion of the prQiect or .,rvice provided:
(4) a statement ofthe ~p level. for all emoloyecs: and
(~) a commitment to pay all ernplQYCCS a Jivjn, wan. a. defined by
oaruraph Section 2-i08 ea}.
te) Ob8enatloD 01 Other La... Every Covered EmDlo\lee shall be Daid not Ie.. than
biweekly. and without aubsequent deduction or rebate on anv ICCOUDt (exceDt 81 such
~II deductions 81 are directed or pennittcd by law or ~y a collective bll'Jainin,
qreemenO. The Covered Enmloycr shall p., Covered Bn\pIQyeeI walle rates in
accordance with federal and all other aDDlicable laws such u overtime and aimil_ waJC
!mL
(I) ~.. A cogy pi the ljvinl was rate shall be kept polled bv the Coven:d Ernplo)'Cl
. at tbe aite of chc work in a prominent Dlacc whme it can cully be seen and mad by the
Coveted BmDIQ~ and shall be .,,-ied to the aqployee within a reuonabJe time after
a request to do 10. Poa.in, requirements wiD not be required where .he Covered
Emplovcr Drints the 'oUowin, ltatements on the fronl of Ihe Covered Bmplowe'. tint
p~ and evety six rnontha theftllftr:r: "You III'C reauircd by City ofMiuni Beach Jaw
10 be plid at 1eut S8.S6 dolllUllIft hour. If)'Ou are not paid this hourly rate. contKt ~
e~IQ\'eI'. an altQl'DOY. or the City of Miami Belch." AU notices will be printed in
~iah. $paniah. and Creole.
lJl CoUedI.. R....lnl..._ Nothin, in this Division .hall be read to O'Qllire or authorize any
Covered BJqplo.yer to reduce w.plsct b,y a collective barpinin, all'eCment or are
reauired under any prcvailin, waF law.
40f9
SECTION 2-409, RINPved
IMPLEMENTA TION
eal Procurement SDeclncattons. The livin! wa@c shall be reauired in the procurement
specification. for all City service contracts for Covered Services on which bids or Drq,oloJS
shall be solicited on or af.er the effective dale of this Division. The DI'OCUremcnt
.occific.tionl for applicable Covered Services contracts shall include 8 reauirement that
Service Contractors and their .ubcontracton lIIgR:e to produce all documents and ~rds
rclatin, to pa.yroJl and compliance with this Division "pan reauest from the City. All
Covered Service contrIC's awarded subsequent to the date when this Division becomes
effective. shall be subiect to the reQuirements of this Division.
(b) Information DI.trlbu~. All requests for bids or reqUClts for DI'ODOsal. for Covered
SJ'rvicel contl1lcts of SlOO.OOO or more shall include ap-proDriate infonnation about the
requirements of this Divilion.
eel MIlia_ana otPayroD Records. P.Al!h Covered HmDlover sha)) maintain oavroIJs for
all Covered Enwloyees and basic recorda relllin, theme _d shall preserve them (or a DCriod
of three C3l vean or the term of the Covered Service. contract. whichever is I!reater. The
record. shall contain:
(I) the name and .tfdl'Ml of each Covered Bmployee:
(2\ the iob title and cl_iftcadon:
(3) the number of hours worked each ~:
(4\ the eros' WII!CS earned and deduction. made:
(S) annual wa,ea paid:
(6) . cOPy of the lOCi.1 security returns and evidence of Davment
Ihcn:of:
(7) a record of mnac benefil payments includinR contributions to
apj)roved plana: Ind
(8) Iny other dati or infonnation this Di vision should requR from
time to lime.
Cdl ReDOrtlnll Payroll. Bverv six (6) months. the Coyered Bmolover &han file with ttF
Procurement Din!Ctor a cftmnll!te oa'\ll'OO dtowin. the CoVI!n!ld BmnloYm" I navroU
recorda for,..Jtl!h CoYell'Jd BmDlowe wortintr on the contmct(al for Coyemd Senice. for
one navmll oeriod. Upon reauelt from the City. the Covered BnwIQ)W dudl produce
for in~tion and copyin, ita Dayroll recordl for any or all of il' Covered EmplOYeeS for
any period covered by the Ceveml Service contract. The City may examine oavroll
records u ~.d to ensure comDliance.
8&iL-nON 2-410. a.IPI'"
COMPLIANCE AND ~ORCEMENT.
eal Sema Coalncfor to Caoaeral& The Service Cofttractor shall ocrmic City emolovees.
aFIIII. or npacnlatives to observe work bein, performed II. in or an the proiect or matter
for which the Service Conlractor baa . contract. The City re,presentative. mav examine the
boob and recorda of the Service Contractor rel.tin, to the emDlovmenl and 1)~JJ 10
detennine if the Service Conlracler is in comDliance with the provision. of this Division.
.5 of 9
.
. 0.1 ComDJalnt Proc~ures and SanetlODs.
(1) An emoloyec who believes that this Division II)Jllies or apDlicd to him or her and
that the Service Contractor. or the City. I. or wu not co~lyin, with the
requirements of rhi. Division has I ri,hllo file a cODlPlaint with the Procurement
D~or of the City. Complaints by employees of alleJed violations may be made
al alty dine and shall be investiared within thirty {JOl days by the City. Wrilten aDd
oral statementa bv an employee shan ~ treated 81 confidential and shall not be
diaclOled wjthQut Ihe wrilten consent of the employee to the extent "Jowed bv \he
Florida Stahlte&.
(2) AnY individ...1 or entity lI'IIO' also file a comol.nt with Ihc Procurement Director
of the Cley on behalf of an empJQyee for jnveatiarion by the City.
(3) It shall be the feIpOIIIibilitv of the City 10 invariate all a1leptiona of violations
of this Diviaion within thirty (30) dltYL If. II any timB. the Chy. q,gpn investiration
dBlennlnelthat a violatiOn of this Division ha. occurred. it .hall. within Ien nO)
wortin, d-..vs of a tindin, of non-compliance. il'be a notice of c;OI'I'eCtive ACtion to
the elllplO)'lf ~ifvin, III areas of non-complianc:e md deadlines for IaOluliona of
the identified violations. If a Service Contrlctor r.11 IQ conwly with any notice
;...~ the CiCY Man8p" or the City Manqer'l _ipee -.y ~ue In order in
wridn. to the Service Contnclor. by ccrtifjed mail or hand deHverv. notifvinR the
Service Contractor to ~ at an adminillrllive hearin, before the City Man.,er
or the Ci~y Mana.....'. deaf..- to be held at a time to be flx.ed in such order. w"ich
dale ahaJl be not les.than five C,) days after service thereof.
C41 The proceedire,slhlll be infonnal. but.hlllaffqrcl the Service Contractor the
riot 10 Ie.tify in the Service Contractor's own defense. prelfnt witnesses. be
I"eDRIRnted by counscl. submit relcvAnt evidence. cross examine witnesses and
object to ~videnc~
C'l The proceedin.. &hall be recorded and minutel kept by Ihe City. Any Service
Contractor !'eQuidn. verbatim minules for ;udidaJ review may arran,e for the
llCrViceI of a coon reDOrter at the exoenae of the Service ~ontractorl
(6) Within ten (10) ~ of the clOle of the hemin., the City M-.,er or the City
M~...'. delipee ...11 render. dec;iaion in writin, cIermmi~ne whether or nol
the Service Contractm i. in CDq)Iiance. or whether other acti9D mould be laken.
or whether the maltl'!r should be continued. u the case may be. and .tatinR thc
rellODS and findinD of rEI.
m The CiCy M...... or the City Man~l!r'. delianee shall file findinRl with the
City Clerk. and .hall send a tJUe and COI1IlCt con of hi. order ~ .fifd mail.
return receipt req~.ted. or by hand dc1ivCQ'. to the busincs. address u thc
Service Contractor shall deaipl8le in writinC.
(8)lbe City Man...'. or dcsipe,'s findinRl shall cODltitute the tinal
administrativc action of the City for puroo&el of judicial review under Slate law.
60(9
.
(9) If a Service Conlractor fails to seek timelv appeIJate review of an order of the
City Mlnuer or the City Mana2er's desiJnee. or to complv timelv with such
order. the City m.v Dursue the enforcement of sanctions set forth in Section 2-
4) 0 (c),
Cel Prlv.... ...hl or A'f~'on AnllUt SerYlc:e Contrador Anv Covered Emn)ovee of O{
former Covered P..mn'owe of a Service Contractor mav. in_lead of Ulilizinll the City
adminl~trative DI'OCeduns let forth in lhil Divillion. but nol in addition to such ~ureT
brinll an action bv filinllluil 8...in.l1 me Covered ElDDlovel' in anv court of cOI1\Detent
jurildiclion to enforce the nmvisions of lbil Divillion and mAV be awalYlM b8ck nav. benefits
AttomeV'. fees. and costa. The ..icahle IIAtute of limilalionl for such A claim will be two
(2\ vean u nmvidM In Florida Statuto Section 95.1 1 (4\lc\ for an action for DaVID!!!"! of
wan.. The court may allD imDOl8 Sanctionl on the Service ConlnCtor. includinll those
oenon. or anti tiel &idint! or ahl!ttin. the Service Contractor. to include WAlle re.titution to
the affected Covemd F.mDlovee and dama._ Dtvable to the Covered HmDlovee in the sum
of QD to $500 for M~h week each Service Con!1'IICtor il found to have violated this Division.
Cd) SandloDl Anlnlt Service Contradon. For violations of this Division. the City shall
sanction . ~crvice Conb'BCtor by l"eQuirin, the Service Contractor to pay w_. restitution
at the emplQYCrs expense for each affected employee and may access the foUowin,:
(1) The City IIUlV irnpDIC dam.,. in the sum of $500 for each week for each
emploYee found to hive not been paid in accordance with this Division~
andlor
(2) The City may..usoend or tennin.1e oavment under the CoveIal Services
contract or tenninate the conlrlct with the Service Contractor: andlor
(3) The City m., cicci_ the CJDolc.Wer ineli.lible for future service contracts
for three (3) vem or until all oenaltiea and restitution have been paid in fuU.
whichevc;r ia longer. In addition. all erDoloyera shall be inelipble under this
section where princi" officers of the employer were principal officers of an
emplQyer who violated this Division.
lel Public Record of Sanc:tlonl, All such sanctions recommended or imDOsed shaH be a
mailer of public record.
en RanIl6l.. for Aldlal! and AbeWnt!. The unctions in Section 2-410 ec) shall also aDoly
to II1Y plll'tv or parties aimn, and .bettin, in any violation of thi. Division.
fa) R......dcm .ad DlKrlmlnatlon .rred. A Covcn:d BrnolQvcr shall not disehll'2.e.
-'-- dae co~ation. or otherwise discriminate Apin. any Coven:d Emoloyee for
maid.. a coJllPlaint to the Citv. or otherwise uleltin, his or her rimu under this
Diviaion. parlicipatina in any of it. proceedinp or 011,.. any civil remedies 10 enforce
hi. or her rimrs under this Division. Alle....iOl'll of t'IlbIlialion or dillCriminBlion. if found
II'Ue in a proceecUn, under par&Jl'Bph (b) or by a court of competent iurisdiction under
pal'Bp'.h (c). .hallllllult in an order of restitution and rein.llatcmenl of a diachlU'2ed
Covered Bm.,pJoyec with back pay to the date of the violation or such other relief as
deemed ...-amiate.
70f9
~
:
(hl Enforcement Powers. If necessary for the enforcement of this Division. the Cirv
/........1\' Commission may issue subooenas. conwe. the attendance and testimony of
witDesleI and D~tion of book... DIDelI. recorda. and documents fe.aUn, to pavroll
records necessarY for hellinl[. invesb,alions. and proceedinn. In case of disobedience of
the lub,poenL the City Attorney may IpjPlv to I court of competent iurisdiction for an order
requirin2 the attendance and testimony of witnelllel and nroductiQn of books. papers.
~orda. and documents. Said court. in the case of the refusal to obey .uch subjKJenl. after
notice to the penon subj)oenaed. and upon findi", thll the ~ndance or testimony of such
wilnenel of the production of such book.. naDell. records. and documents. u the cue may
be. is relevant or necca...., for such hearin,s. investiptions. or proceedin,s. mav issue an
order requirinl[ the attendance or testimollY of such witne&1eI or the production of luch
documents and any viol.ion of the court', Older m~ be punishable by the court IS CGntenlP1
t~f.
(j) RemedJ. Herein Non.Exd_l... No remedy Bet forth in this Division i. intended to
be exclusive or a prerequilite for uaertin, I claim for relief to enfOlCf the ript. under this
Division in I court of law. 1bi. Divi.ion shall not be con.trued to limit an eqJlovce's riiht
to brinl[ a common law cause of action for wronsful tennination.
SECfION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same arc hereby
repealed.
SECTION 3. SEVERABIUTY.
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 made a part of the Code
q( the City of Miami Beach, Florida. The sections of tbis Ordinance may be returned.
80f9
.
,
SECTION 5. EFFlCTlVE DArE.
This Ordinance shall take effect on the 28th day of AprU . 200].
PASSED and ADOPTED this 2!!!!.. day of April. 2001.
A TTF.ST:
JftJ MAYOR
_t2clLl.0- f(c;lc.1~
CITY CLERK
1It readina
2nd reana XX
~dln&nc. No. 2001-3301
APPROVED AS TO
FORM & LANGUAOB
& FOR BXBCtmON
r- ;;:--(")1_
'CIlN"_~_-.......___..
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 "UVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b), ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "EUGIBlLITY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE
THE $I.H PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABILITY. CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City award,s contracts to private firms to provide serVices for the
public and also provides finandal 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 alow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care. housing. nutrition, and energy assistance; and
WHEREAS, the City has a responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore. contractors and subcontractors of City service contracts must pay their
employees nothing less than the riving 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 riving wage to arl City
ennployees. .
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "AdmInistratIon, of the MIami Beach City Code Is
hereby amended to read as follows:
Chapter 2
ADMINISTRATION
* * *
Article VI. Procurement
* . .
Division 6. Living Wage Requirements for Service Contracts and City Employees
* . . .
SECTION 2-408. LIVING WAGE
. . .
,It) Health .IRefUs. Fer a C9'owed EMpleyer 9r IN CI~: te _"'PlY with '~e li'liAII walla
'f8~,lli8A by Sh99liRI te ,ay the la,:.,.r wage Issie ...Rable wheA a Cet.'e..." iMplayer
al19 pM'M81 heallJ:l beRer., ,..sh health HARIB ,hall S8Alllt af p&ymeAt ef al laa,1
$1.21 per he.., tew&RlI 'he pf8\fllIeA ef "e.l* .,. beReIIa fe, CWJered ElRplayeel aAd
'heir "e,eR"e,,'., If the health beR_Is pl8A sf the Ca'/ered impleyer er tl!.e City ,...ul...,
aA iAitlel peAM af emp/GymeAt fer a Rew eMpleyee te H ellflilJle fer health HAefils
(elltllblllty peRM) I"Q~ Ce'.,.," 'mpleyer er City may "yalily Ie pay 'he $8.11 per heur
vrM18 I.'a dYRAg tlta Aew emp.e'. aliell.lllity peFkMI pAMde" the new a"'playaa ':Jill be
,aid Itsalth araAetlle YpeA GefRplelleA ef the elllll.llllty pMM. Preet at the pre'.ilieA sf
he.1th Nfl.. ",..st be .....Itt.., Ie I~a wNaRllAgMl'"eFMy Ie ....allly fer tAa wage Fate fer
8"'pleyea, ..-:ith healt~ beAefits.
(~ Health Benefl": ella.bUIIY Derlod. For a Covered Emplover or the CIlv to comDlv with
the IlvIno w.oe provision bv chooslna to DaY the lower w.ae .cale available when a
Covered Employer allo provides health benefit.. such health benefits shall con.lst of
paYment of at I.ast 51.25 Der hour toward the DtOvlslon of health benefats for Covered
EmoIovees and their deoendents.
If the health benefits plan of the Covered EmDlover or the CItY reauires an initial oel1od of
emolovment for a new emDloyee to be eliaible for health benefits (aUDibility oerlod) the
IlvIoo waae Drovlsion shan be comDlled with as follows durina the ellalblllty D8ri0d:
(1) Provided the new emDlovee wi be paid health benefits UDOn the comDletlon of
the ellalblltv oerlod. 8 Covered EmDlover or the CJty may onlv auallfy to DaY the
$8.58 oer hour waae seale for a term not to exceed the first nlnetv (JM)) days of
the new emDlovee', elIGibility period. said term commendna on the emDlovee's
date of hire.
Proof of the Drovision of health benefits must be submitted to the awardina authority to
9ualifv for the W80e rete for emDIOV8es 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. 90DIFICATION.
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
day of
,2003.
ATTEST:
MAYOR
~~ ftttJ.u-.
CITY CLERK
-...,- -,'
1st reading
2nd reading
",.~....AtllO
POIIMaLAt1GUAG8
aPCIIIIllOU1'lON
T:\AGENOA\2003\apr0903\nIguJ.l\Llvlng Wage PRlb Par CM 03 ard.doo
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