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Home My WebLink AboutDavid Woof Personnel ;;000 - ;1f,091 1}~6 - eif: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DAVID WOOD PERSONNEL 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 111h day of JANl/A/J~, 2006, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach; Florida, 33139, and DAVID WOOD PERSONNEL (hereinafter referred to as Contractor), a Florida corporation, whose address is 51 N.W. 100 TH Avenue, Plantation, Florida 33324. 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 COMPENSA TION 3.1 FEE Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit "A", based on the temporary personnel services provided, as needed, by the City. The hourly rates set forth in this Agreement shall remain fixed and firm for the duration of the Agreement, subject to negotiation based on Consumer Price Index - Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate increases. 3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW Contractor acknowledges that it shall be required to compliance with the City's Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time. At the commencement of this Agreement, pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as Exhibit B hereto; notwithstanding the. preceding, it shall be Contractor's sole responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well as any subsequent amendments thereto. 3.3 TEMPORARY TO PERMANENT In the event that that the City, at its sole discretion, elects to employ a temporary employee, no fee and or penalty of any kind (resulting from the change in status of the temporary employee from temporary to permanent), shall be assessed by the Contractor. 3.4 INVOICING Contractor is required to furnish the following information on its invoices for temporary personnel supplied to the City: - Purchase Order number issued by the City's Procurement Division - Department and location within the City of temporary services provided - Full name of individual performing the service - Job classification - Number of hours worked, by date 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 oflor by virtue of this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right 5 to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID 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 forthe 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 I 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 andlor cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 6 4.8 AUDIT Contractor shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work I Services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the Contractor's payroll, and any other records, of employees assigned to the City. The City's audit rights shall include, without limitation, ascertaining Contractor's compliance with screening, interviewing, testing, and training requirements( pursuant to subsection 2.3) and the City's Living Wage Law. Contractor shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request; such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS Contractor shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Commercial General Liability: A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000 Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 2. Worker's Compensation: A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the Contractor or City, and shall name the City and the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty (30) days prior written notice to the City. The Contractor shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force 7 and effect at all times during the term of the Agreement. No work shall be done by Contractor during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the Contractor outside the Agreement, Contractor shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The Contractor shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance Contractor's failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Contractor shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The Contractor shall be liable for the Contractor's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the Contractor including with out limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Contractor. For the purpose of this Agreement, Contractor acknowledges and agrees that any and all temporary personnel assigned by Contractor to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any rights generally afforded Classified or Unclassified employees. Further, each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 8 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the Contractor. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). 9 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: David Wood Personnel Attn: Gabriela Perez-Carpenter Vice President 51 N. W. 100th Avenue Plantation, Florida 33324 (954) 452-5700 TO CITY: City of Miami Beach Attn: Mayra Buttacavoli Director, Human Resources and Risk Management 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7520 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This Agreement and all exhibits hereto including without limitation, Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto, and Contractor's response to the RFP (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for Proposals No. 37-04/05, together with all amendments thereto, and Contractor's Proposal in response are hereby incorporated by reference into this Agreement, as Exhibit "A" hereto; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 10 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 ,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The Contractor, its subcontractors, agents and employees, including with out limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and lor the provision of services hereto. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: By: ~~~~ City Clerk Robert parc~~b Date ( yor David Dermer 1jyob ATTEST: Date FOR CONTRACTOR: DAVID WOOD PERSONNEL ATTEST: By: ~.c l5- Seer ry .. ' -:\0 c; , [.C/~r., Print Name f/d-3/0S 'tRee ~ s~ (l<.Q.NI~ L S~'^''''L f\c'\-& ~ G'\)'fK Print Name )\ ~Io Date 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 8 -/0.. ()" ity Attomey~ Date .==-E~H\6\T ~ Miami Beach ***** ANIInaCIIJ , I , II' 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.mlamibeachfl.goy p.mea8Leja@mlamibeachfJ.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 ]700 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. 37-04105 Sealed Proposals will be received by the City of Miami Beaeh (the "City"), Proeurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on August 31 J 2005 until 3:00 p.m. for: TEMPORARY PERSONNEL SERVICES At time, date, and plaee 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 Beaeh is seeking to enter into contracts for Temporary Personnel Services, on an "as needed basis", as specified in this RFP, from qualified Temporary Personnel Ageneies. Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill vacaneies 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. Attendanee at the aforementioned pre-RFP submission meeting is NOT mandatory, but strongly encouraged as a source of important information. The City has contracted with Bid Net as our eleetronic procurement serviee for automatic notification of bid opportunities and doeument fulfillment. We encourage you to participate in this bid notification system. To find out how you can reeeive automatic bid notifications or to obtain a eopy 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 Proeurement Division, Attention: Pamela Leja, 1700 Convention Center Drive, Miami Beaeh, FL 33139, or FAX: (305) 673-7851, or e-mail: RFP NO. 37-04/05 DA TE: 8/3/05 2 CITY OF MIAMI BEACH PamelaLeia(Q>.miamibeachfI.QOv. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CONE OF SILENCE, It 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 THA T 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 THA T THIS REQUEST FOR PROPOSALS IS SUBJECT 1'0 THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THA T 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/purehase/bidintro.asp. CITY OF MIAMI BEACH . ~." ,I . . , .' Gus Lopez, CPPO, CPPB Procurement Director RFP NO. 37-04/05 DATE: 813/05 3 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (3D!) 673-7490 Facllmile (3D!) 673-7851 NO PROPOSAL RFP No. 37-04/05 I NOTICE TO PROSPECTIVE PROPOSERS If not submitting a proposal at this time, please detaeh 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 producUservice. _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 andlor serviee. Signature: Title: Company: Note: Failure to respond, either by submitting a proposalm: this completed form, may result in your company being removed from the City's bid list RFP NO. 37-04/05 DATE: 8/3/05 4 CITY OF MIAMI BEACH TABLE OF CONTENTS SECTION PaQe(s) I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12-14 III. PROPOSAL FORMAT 15 IV. EV ALUA TION CRITERIA 16-17 V. GENERAL PROVISIONS 18-19 VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 21-29 VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32 RFP NO. 37-84/05 DATE: 113105 5 CITY OF MIAMI BEACH SECTION I . OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach is seeking to enter into contracts for Temporary Personnel Services, on an lias 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 vacaneies until they are permanently filled; and to work on speeial 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 reeeipt 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 Acceptanee of City Manager's October 2005 Recommendation, and Authorization to Enter Into Negotiations, and Contract Awards C. PROPOSAL SUBMISSION An original and ten (10) eopies of complete proposal must be reeeived by August 31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone num~er, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Proeurement 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 Offiee or caused by any other entity or by any oceurrence. PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. RFP NO. 37-04/05 DATE: 8/3/05 6 CITY OF MIAMI BEACH D. PRE-PROPOSAL SUBMISSION MEETING A PRE-RFP submission eonference has been scheduled as follows: Date: August 16, 2005 Time: 10:30 a.m. Place: City Manager's Large Conference Room located at City Hall, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida, 33139. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax: 305-673-7851; or e-mail: PamelaLeja@miamibeaehfl.gov. Communications between a proposer, bidder, lobbyist or eonsultant and the Proeurement 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 eopy to the City Clerk, no later than the date speeified in the RFP timetable. The City will issue replies to inquiries and any other eorreetions 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. MODIFICATION/WITHDRAWALS 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. Modifieations received after the proposal due date and time will not be considered. Proposals shall be irrevocable until eontract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 ealendar days from the opening of Proposals without a contraet award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal reeeived after eontraet award will not be eonsidered. G. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, rejeet any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or caneel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. RFP NO. 37-04/05 DA TE: 8/3/05 7 CITY OF MIAMI BEACH H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer(s) and shall not be reimbursed by the City. I. EXCEPTIONS TO RFP Proposers must clearly indieate 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 deseribed, or negotiate an alternative aeceptable 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 inspeetion after opening of Proposals, in eompliance 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 eontinue until a contraet 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 accordanee with City of Miami Beaeh Ordinance No. 2002-3344 which establishes procedures for resulting protested RFP's selection for awards. Protest not timely pursuant to the requirements of Ordinance No. 2002- 3344 shall be barred. RFP NO. 37-04/05 DA TE: 8/3/05 8 CITY OF MIAMI BEACH M. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinanees, codes, and regulations that may in any way affeet the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Aet, 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. Where 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 diselose the name of any City employee who owns, either direetly 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 subjeet to any and all sanctions, as preseribed 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 neeessary to ascertain all eonditions and requirements affecting the full performance of the contract. Ignorance of sueh 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 eontraet doeuments, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. RFP NO. 37-04/05 DATE: 8/3/05 9 CITY OF MIAMI BEACH , R. RELA TION OF CITY It is the intent of the parties hereto that the suecessful Proposer be legally considered to be an independent contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any eircumstances, 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 eonviction for publie entity erimes may not submit a bid on a contract to provide any goods or serviees to a publie entity, may not submit a bid on a eontract with a public entity for the eonstruction or repair of a publie 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 contraetor, supplier, sub-eontraetor, or consultant under a eontraet with a publie entity , and may not transact business with any public entity in exeess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being plaeed on the eonvicted vendor list. T. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silenee, 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 Ordinanee). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may eonstitute grounds for termination of the contraet, as well as, disqualifieation from eonsideration on any City of Miami Beaeh RFP, RFQ, RFLI, or bid. V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City shall give a eampaign contribution direetly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a eandidate, or to the campaign eommittee of a candidate, for the offices of mayor or eommissioner. No candidate, or campaign eommittee of a eandidate for the offices of mayor or commissioner, shall solicit or reeeive any eampaign contribution from a person who is a vendor to the City, or through a RFP NO. 37-04/05 DA TE: 8/3/05 10 CITY OF MIAMI BEACH member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. W. CODE OF BUSINESS ETHICS Pursuant to Resolution NO.200Q-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bidlresponse 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 eonfliet 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 advanee 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 See. 2-449 of the City Code, no offieer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. RFP NO. 37-04/05 DATE: 8/3/05 11 CITY OF MIAMI BEACH SECTION II - SCOPE OF SERVICES A. GENERAL The City of Miami Beaeh is seeking to enter into contracts for Temporary Personnel Serviees, on an "as needed basis., as specified in this RFP, from qualified Temporary Personnel Ageneies. Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill vaeancies until they are permanently filled; and to work on special projeets. B. TERM OF CONTRACT The eontraets shall commenee after the approval of the Mayor and City Commission . and shall remain in effeet for a period of two (2) years. Providing that the sueeessful Agencies will agree to maintain the same terms and conditions of the eontract, 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 contraets, subject to negotiation based on Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinanee rate increase. E. PAYMENT All Agencies supplying temporary personnel serviees to the City are required to furnish the following information on Agency invoices for the personnel supplied: 1. Purehase Order number issued by the City's Proeurement Division 2. Location of temporary services performed 3. Full name of individual performing the serviee 4. Job elassifieation 5. Number of hours worked, by date The invoices are subject to verificatio.n, approval, and processing by the department requesting the temporary personnel. RFP NO. 37-04/05 DA TE: 8/3/05 12 CITY OF MIAMI BEACH F. WEAR OF UNIFORM When temporary personnel are assigned to working events with the general public, they will be required to wear a uniform or a vest with the Agency's name and logo on it. G. TEMPORARY TO PERMANENT In the event that the City employs a temporary employee, damage fees (temporary to permanent charge) shall not be assessed. H. PAYMENT The basis of the amount of the payment shall be the hourly rate per hour times the number of hours worked. Overtime will be considered after forty (40) hours of work per week according to the Fair Labor Standards Act. The hourly rate quoted includes all overhead. profit and benefit costs to the Agencies, including employee's hourly rate, whieh will be in accordance with the City's Living Wage Ordinanee. 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 speeific assignment to interview and select the best candidate for that speeific assignment, at no cost to the City. J. MIAMI BEACH ONE STOP CAREER CENTER All temporary personnel services firms that are being reeommended for award have agreed to work with the One-Stop Career Center to reeruit 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 Beaeh residents. K. QUALIFICATION In the event that any personnel from the suecessful Ageneies assigned to the City are found to be unqualified for any specific assignment, the City has the right to return sueh employee at no cost to the City. The City shall be the sole judge of the individual's qualification and its decision shall be final. RFP NO. 37-04/05 DATE: 8/3/05 13 CITY OF MIAMI BEACH L. HOLIDAYS The City's holiday schedule shall be observed. In the event that the City requires a temporary employee to work on a holiday observed, the day shall be paid at the overtime rate. It is the responsibility of the using 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 eonsidered to be, at all times, the sole employees of the Agencies under its sole direetion and not an employee or agent of the City. The Agencies will supply eompetent and physieally eapable employees. The City may require the Agencies to remove an employee it deems eareless, ineompetent, insubordinate or otherwise objeetionable and whose continued employment on the City's property is not in the best interest of the City. Eaeh employee shall have and wear proper identifieation. 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 in eludes job preferences, experience, goals, interests, attitudes, motivation and other work-related attributes. 2. Job-related tests to include typing and eommunication skills. 3. Background checks to inelude drug testing, eriminal cheeks, and credit history (for positions that may require the handling of City funds). 4. Verification that their employees are not convieted sex offenders. 5. Training employees on the City's Serviee 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 aseertain that such employees' records indicate payment reeeived 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 deseriptions is included in this RFP and labeled "Temporary Personnel Services Position Deseriptions." RFP NO. 37-04/05 DA TE: 8/3/05 14 CITY OF MIAMI BEACH SECTION III - PROPOSAL FORMAT The items marked by an asterisk (*) are required as part of the Proposal. If these items are omitted, Proposer must submit within five (5) calendar days upon request from the City, or the Proposal shall be deemed non-responsive. All other items must be submitted with 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 whieh do not contain sueh doeumentation may be deemed non-responsive. · *Introduction letter designating areas of proposed services and suffieient information as to the qualifications of the proposer. . Respondents shall submit documents that provide evidence of capability to provide the services required as part of their submittal package. . *Respondents shall indicate how many years of experience their firm has in providing temporary personnel services. · Respondents must provide documentation which demonstrates their ability to satisfy all of the RFP requirements. . Respondents shall include their procedures for screening, interviewing, testing and training employees that will be placed with the City. · *Client references. List at least eight client references (name, title, company, address, telephone, e-mail address and fax) our Procurement Division may eommunicate with regarding your services. In addition, information for eaeh reference shall inelude the d~scription 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 positionsljob descriptions. 4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer Information forms; 5. *Any other documents required by this RFP. 15 CITY OF MIAMI BEACH RFP NO. 37-04/05 DATE: 8/3/05 SECTION IV - EV ALUA TION CRITERIA The proeedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals reeeived. 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 aceeptance of whieh 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 Ageneies based on the following criteria: Evaluation Criteria/Factors Weiaht Experienee 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 reeommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may rejeet City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals, aeeeptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP NO. 37-04/05 DATE: 8/3105 16 CITY OF MIAMI BEACH 8. Negotiations between the selected proposers and the City Manager take place to arrive at a contract or eontracts. If the City Commission has so directed, the City Manager may proceed to negotiate a eontract or contraets 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 aceeptable contract or contracts, within a reasonable period of time. 9. A proposed eontraet or eontracts are presented to the City Commission for approval, modification and approval, or rejeetion. 10. If and when a contract or eontraets aeceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the eontraet(s) after the seleeted proposer(s) has, or have, done so. Imoortant Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluationlseleetion process until and unless a contract has been agreed to and signed by both parties. UP NO. 37-04/05 DATE: 8/3/05 17 CITY OF MIAMI BEACH SECTION V . GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-eontract, retain eonsultants, or assign, transfer, convey, sublet, or otherwise dispose of this eontraet, or of any or all of its right, title, or interest therein, or its power to execute such eontract 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, ineluding but not limited to attorneys' fees, for personal, eeonomie 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 eonnection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such etaims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such elaims 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 suecessful 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 serviees then remaining to be performed by giving written notice to the suecessful proposer of such termination which shall become effeetive upon receipt by the successful proposer of the written termination notiee. In that event, the City shall compensate the suecessful 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 eonsequenee 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 sueh time as the exact amount of damages due the City from the successful proposer is determined. 18 UP NO. 37-04/05 CITY OF MIAMI BEACH DA TE: 8/3/05 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its eonvenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, whieh shall beeome 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 seetion, the City shall compensate the successful proposer in aceordanee with the Agreement for all services actually performed by the suceessful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No eompensation shall be due to the successful proposer for any profits that the suecessful 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 seetion. RFP NO. 37-04/05 DATE: 813/05 19 CITY OF MIAMI BEACH SECTION VI- SPECIAL TERMS AND CONDITIONS INSURANCE: Suceessful 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 accordanee with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and eontributing 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 Seleeted Proposer under this Agreement. This policy eannot 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 foree 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 earriers 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 tenaney under the proposed Agreement. If any of the required insuranee 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, occurrenee, elaim settlement or judgment against such insurance whieh 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 insuranee program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. RFP NO. 37-04/05 DATE: 8/3/05 20 CITY OF MIAMI BEACH SECTION VII . PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 1. Proposer Information 2. Aeknowledgment of Addenda 3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal form, pursuant to the "Personnel Serviees Position Deseriptions" herein. Proposers are not required to submit priein9 for all positions/job classifications. 4. Deelaration 5. Questionnaire RFP NO. 37-04/05 DATE: 8/3/05 21 CITY OF MIAMI BEACH PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any ,tems aeeording 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 eontraet has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 37-04/05 DA TE: 8/3/05 22 CITY OF MIAMI BEACH ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04/05 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in eonneetion 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 conneetion with this RFP. Verified with Procurement staff Name of Staff Member Date Proposer - Name Date Signature UP 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 eollusion 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 Beaeh, 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) RFP NO. 37-04/05 DA TE: 8/3/05 24 CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Cirele One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Seeretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Viee-President's Name: Treasurer's Name: RFP NO. 37-04/05 DATE: 8/3/05 25 CITY OF MIAMI BEACH Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS . * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer ever been eanceled? Yes ( ) No ( ) If yes, give details on a separate sheet. RFP NO. 37-04/05 DATE: 8/3/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applieant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to eomplete a eontraet 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 prineipals ever been deelared 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 eompleted involving the corporation, partnership or individuals with more than ten percent (100/.) 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 eriminal violations and/or convictions of the Proposer and/or any of its principals: 7. Confliets 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. Publie Diselosure. 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 pereeived, 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 eontained 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 eonfirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, ineluding but not necessarily limited to fingerprinting and providing information for credit cheek. WITNESS: Signature Print Name WITNESS: Signature Print Name WITNESS: Signature Print Name (CORPORA TE SEAL) Secretary RFP NO. 37-04/05 DA TE: 8/3/05 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: General Partner Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: 29 CITY OF MIAMI BEACH VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS Item TEMPORARY PERSONNEL SERVICES 1. Secretary I Two years experience in seeretarial and clerieal work. Experienee in meeting public and ability to deal with customers using taet, poise, patience and courtesy. Knowledge and experience in using MS Word, Exeel, other MS office application programs. Must have ability to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm. 2. Seeretarv II/Administrative Assistant Three years advanced experience in seeretarial and clerieal work including transcription, dictation and exeeutive level experience. Experience in meeting public and ability to deal with customers using tact, poise, patienee and courtesy. Knowledge and experience in using MS Word, Exeel, other MS office applieation programs. Must have ability to work in a multi- ethnic/multi-cultural environment. Minimum 40 wpm. 3. Clerk TVDist Responsible and varied clerical work involving moderately complex work methods and proeedures. 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 sehedule, including weekends and evenings. Must have ability to work in a multi-ethnie/multi-eultural environment. 5. Clerk II One year experience in general clerical work, possess computer software experienee and good people skills. Dependability and self motivation, work flexible schedule, ineluding weekends and evenings. Must have ability to work in a multi-ethniclmulti-eultural 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 I Aceountina Clerk" Three years experienee 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 I Complaint Operator Responsible teleeommunications work in the Safety communieations 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 teleeommunications work in the Safety Communications Bureau. Reeeiving, screening and relaying information for emergeney 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-eultural environment. 10. Personnel Technieian I Complex clerical and technical work of a specialist nature. Interpretation of department operations, policies, proeedures, dissemination of information, maintains records and reports, computes and compiles data; updates. Types forms, answers correspondence, prepares notices and minutes of meetinQs. Knowledge of HR preferred. 11. Carpenter Knowledge and skills in carpentry work at the entry level in the construction and finish work including materials, methods and teehniques. Maintenance and repair of eity faeilities. 12. Eleetrician Master Electrician's certification, prior experience with drawings and reading blueprints, design an installation of electrieal systems. Skilled work at the entry level as an electrieian in the eonstruetion, maintenance and repair of city facilities. RFP NO. 37-04/05 DA TE: 8/3/05 31 CITY OF MIAMI BEACH 13. Plumber Skilled work at the journeyman level as plumber with certificate of competency as a journeyman in the plumbing trade. 14. Service Worker Advanced and responsible manual labor duties of a skilled nature. 15. A1C Mechanic Skilled work at the journeyman level in the installation, maintenance and repair of air conditioning equipment, ~nd related apparatus. 16. Painter Skilled painting work at the entry level in the construction, maintenance and repair of city facilities. 17. Buver Specialized technical, clerical and administrative work in the purchasing of assigned commodities. Reviews purchase requests, assists with procurement problems, and solicits quotations. Enters information for issuance of purchase orders. RFP NO. 37-04/05 DATE: 8/3/05 32 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.mlamlbeachfl.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. September 6. 2005 at 3:00 pm Eastern Time. 2) A breakdown of the hourly rates that were submitted under City of Miami Beach Invitation to Bid No. 55-00/01 In September 2001 Is attached. Not all of these agencies are currently providing services to the City. 3) Questions and Answers: Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the past year? Can this be broken out by office work vs. 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: \/\/hat 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 fhat 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 ng/mL 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 37-04/05 Temporary Personnel 2 Question #6: Will City parking passes be made available to the temporary personnel? Answer#S: 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? 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David Wood Personnel@ 51 N.W. 100th Avenue Plantation, Florida 33324 Telephone: (954) 452-5700 Fax: (954) 452-2044 Table of Contents Proposer Information: page 2-8 Introduction Letter David Wood Personnel Resume Client Survey Client References Insurance in Force Acknowledgment of Addenda: page 9 Fee Proposal Form: Fees are noted in the margin adjacent to the Position/job classifications with Proposed Service Rate sheet: page 10-13 Declaration: page 14 Questionnaire: page 15-19 www.davidwoodpersonnel.com Boca Raton · Coral Springs · Fort Lauderdale · Miami · Palm Beach Gardens. West Palm Beach CAREER PERSONNEL (J SPECIALIZED RECRUITING (J PROJECT STAFFING (J QUALITY OFFICE TEMPORARIES L PROPOSER INFORMATION Submitted by: t>>..u, do UJ 00 cL ~ay~on n..tW Proposer (Entity): C"vLU\d. woo-~ ~.eISoY\~ Signature: LJ _ . _ n · 11 . f)_ ~_ :_1.... .- ~ .v~. ~~ ,VICoL-t"~ Name (Typed): Gabriela Perez-Carpenter Address: 51 N.W. 100th Avenue City/State: Plantation, FL 33324 Telephone: (954) 452-5700 Fax: (954) 452-2044 It is understood and agreed by Proposer that the City reserves the right to rejeet any and all Proposals, to make awards on all items or any items aeeording to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals reeeived 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 ereated at any point during the aforesaid evaluation/seleetion proeess until and unless a eontraet has been agreed to and signed by both parties. ~n-Pkz. (1.A:~ q-h-O~ (Authoriied Signature) (Date) ( ';) fA. b r,..t.l "'- (J It v.e.. 7..-.... ~ V' f) L V\ -n y (Printed Name) RFP NO. 37-04/05 DATE: 8/3/05 22 CITY OF MIAMI BEACH . .. David Wood Personnel@) 51 N.W. 100th Avenue Plantation, Florida 33324 Telephone: (954) 452-5700 Fax: (954) 452-2044 :;;) September 6, 2005 Pamela Leja City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Pamela, Thank you for the opportunity to submit a bid for TEMPORARY PERSONNEL SERVICES, RFP# 37- 04105. We hope to continue working to service the staffing needs of the City of Miami Beach. We also hope that our record of service for the past four years will demonstrate our dedication to providing superior service to the City of Miami Beach and our capacity to perform such services upon request. Please find attached your bid form along with other requested information. David Wood Personnel has been servicing companies and municipalities in South Florida since 1967. In the past 38 years, we have conducted over 800,000 interviews. That kind of experience has made us the area's most trusted personnel source. Whether it's a specialized executive recruited from outside the area, a quick office support temporary to get out today's work, or a trusted full time employee, a David Wood Specialist has the right solution. Our functional areas of specialty include Administrative, Clerical, Accounting, Sales, and Executive Personnel. David Wood Personnel's screening process includes: 1. Structured 12-Step Interview Process 2. Testing - to verify skills and proficiency 3. Reference checks with past supervisors 4. Free "Crime Guard" Criminal background check on all Career and Probationary Hire Placements 5. Exclusive for the City of Miami Beach; Sexual Predator Screen, Drug screen and Credit check for candidates handling any City funds Upon completion of our screening process we present the top three finalists to coordinate and arrange for interviews. At David Wood Personnel, we think of our people who use our services as more than customers. We see you as partners who help us explore new ways to improve your human resources delivery systems and to enhance your use of our services. We, therefore, invite your comments any time. David Wood Personnel is proud of its reputation and looks forward to committing our full attention to continuing as your human resources staffing partner. Please let me know if you need further information, or if you have any questions. We may be reached at (954) 452-5700. I look forward to working closely together in your next fiscal year. f~.~ Gabriela Perez-Carpenter, Vice-President David Wood Personnel www.davidwoodpersonnel.com Boca Raton · Coral Springs · Fort Lauderdale · Miami. Palm Beach Gardens. West Palm Beach CAREER PERSONNEL 0 SPECIALIZED RECRUITING 0 PROJECT STAFFING 0 QUALITY OFFICE TEMPORARIES .i David Wood Personnel 51 NW 100th Avenue Plantation, FL 33324 (954) 452-5700 Contact: Gabriela Perez-Carpenter, CPC, Vice-President gabrielapc@davidwoodpersonnel.com OBJECTIVE: To provide qualified professionals and staffing solutions to the South Florida Business Community. EXPERIENCE: . 1968- Present David Wood Personnel . Full Time Placement . Temporary Help . Temp- To-Hire Placement . Administrative, Clerical, Accounting and Sales Personnel ACCOMPLISHMENTS: . Over 37 years in Business . Locally Owned and Operated . One year Unconditional Guarantee . Thousands of Happily Placed Candidates . 99% Client Satisfaction Rating . 61% of our candidates are not registered with another Personnel Service EDUCATION: · Software Testing (i.e., Excel, Word, PowerPoint) . Clerical Testing · AccountingIBookkeeping Testing . Customer Service Testing . Sales Testing . Customized Client Testing . Many Certified Staff Members · Mandatory Criminal background Checks PROFESSIONAL ORGANIZATIONS: . Human Resource Association of Palm Beach County . Human Resource Association of Broward County · Palm Beach County Business Development Board · Several Business Networking Organizations . University Advisory Committees . Private Advisory Committees · Business Development Board of Palm Beach County REFERENCES A V AILABLE UPON REQUEST WHAT o U II (~I..II~N'l'S SAY All 0 U 'I' 1] S ! 1\ f~ IJ I I~ N '1' SIIII 'TI~Y IIi ..~ As part of our ongoing "Total Quality Management (TQM)" program, we have been asking our employer clients, since January, 1993, to rate our Temporary Field Employees. Since that time we have incorporated a post paid evaluation card within our Time Card. These cards are removed from the back of the Temporary Field Employee's Time Card by the on-site client supervisor, and mailed independently to us at our corporate headquarters where they are first reviewed by our President. The Temporary Field Employees typically do not see these evaluations. Over 10,000 individual resRQnses have been received, representing a 43% return. Here is a summary of the responses. s- We asked you, our client, to rate our employees in four categories: PUNCTUALITY APPEARANCE A TImJDE PERFORMANCE Our clients responded as follows: .l CLIENT FIELD EMPLOYEE RATING 970/0 EXCELLENT OR GOOD 20/0 FAIR 10/0 POOR The EXCELLENT to GOOD rating has been 4: I Our clients were also asked if they would like this Temporary Field Employee assigned again. 970/0 said "YES" 3% said "NO" Part of our result is dependent on our philosophy that client satisfaction is our most important daily goal. While we are proud of our record of careful recruiting, screening and selection. We are constantly listening to you, our client, for ways to improve our services. . .. David Wood Personnel@ 51 N.W. 100th Avenue Plantation, Florida 33324 Telephone: (954) 452-5700 Fax: (954) 452-2044 to REFERENCES Broward County Sheriff s Office 2601 W. Broward Blvd. Suite 3595 Fort Lauderdale, FL 33312 Patrick CaIIagy Ph: 954-831-8170 Fax: 954-765-4006 Embraer Aircraft Corporation 276 SW 34th St. Fort Lauderdale, FL 33315 Pam Barraclough Ph: 954-359-3402 Fax: 954-359-3701 First NLC Financial Services 700 W. HilIsboro Blvd. Deerfield Beach, FL 33441 Dominique Gangemi Ph: 954-420-0060 x1378 Fax: 954-420-5496 www.davidwoodpersonnel.com Boca Raton · Coral Springs · Fort Lauderdale · Miami · Palm Beach Gardens. West Palm Beach CAREER PERSONNEL 0 SPECIALIZED RECRUITING 0 PROJECT STAFFING 0 QUALITY OFFICE TEMPORARIES llEl~Elll~N(~I~S HUNICIPALI1'IES ,;, Iti _.~ I CITY OF CORAL GABLES 2801 Salzedo Street Suite 200 Cotal Gables, Florida 33134 Yamilee D. Dubois Ph: (305) 460-5524 Fax: (305) 460-5518 CITY OF MARGATE 5790 Margate Boulevard City Hall Margate, Florida 33319 Cynthia Armalin Ph: (954) 972-6454 ext 270 Fax: (954) 979-4239 CITY OF DEERFIELD BEACH 227 N. W. Second Street Deerfield Beach, Florida 33441 Lola Badilo Ph: (954) 480-4200 Fax: (954) 420-5567 HOLLYWOOD HOUSING AUTHORITY 7300 N. Davie Rd. Extension Hollywood, Florida 33024 Terri VomSaal Ph: (954) 989-4691 Ext 302 Fax: (954) 961-8010 CITY OF HALLANDALE 400 S. Federal Finance Dept. Hallandale, Florida 33009 Robert Fraidenburg Ph: (954) 457-1363 Fax: (954) 457-1343 . .. David Wood Personnelt!> 51 N.W. 100th Avenue Plantation, Florida 33324 Telephone: (954) 452-5700 Fax: (954) 452-2044 K' DAVID WOOD PERSONNEL INSURANCE IN FORCE Brown and Brown. Inc. Worker's Comp and Employers Liability Statutory $1,000,000 per occurrence Blanket Employee Fidelity Bond $50,000 (Excluding transportation of valuables for bank or brokerages) National Union Fire Insurance Company AIS Comprehensive General Liability General Liability $1,000,000 Combined Single Limits of Bodily Injury and Property Damage www.davidwoodpersonnel.com Boca Raton · Coral Springs · Fort Lauderdale · Miami · Palm Beach Gardens. West Palm Beach CAREER PERSONNEL 0 SPECIALIZED RECRUITING 0 PROJECT STAFFING 0 QUALITY OFFICE TEMPORARIES 9 ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04/05 Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated ~ (;I-l-f l '2.00C:- 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 J<' e--",,~ ~ P tA. trf. .,- ~ Name of Staff Member q-f::,-OS- Date ~o..br~.L.t~ {)~Ir€.l-" C4-( P"'~ r Proposer - Name G}'b .O~ Date ~ Pi-v...~~ Signalure RFP NO. 37-04/05 DATE: 8/3/05 23 CITY OF MIAMI BEACH 1)11()J>>()~I~I) ~1~11'7I(~I~ 111.\.~'1~ IIi ..~ }O '-/1"/ . David Wood Personnel will provide screened and tested Contracted employees for the above rate per hour including the following direct and indirect costs: Administrative Costs Advertising Cost Criminal background Checks on Temp - To- Hire and Fiduciary Contract employees Custom Pre- Employment Orientation Direct Pay Employee Computerized Data Base Management Employee Counseling and Perfonnance Reviews Employer FICA Taxes Federal Medicare Tax Federal and State Record ,\ Federal Unemployment Tax GovenunentReporting Holiday Pay Interviewing (Screening) Office Overhead Payroll Processing Prior Employee Reference Checks Recruiting Expenses State Unemployment Tax Testing Vacation Pay Worker's Comp Insurance $ 1,000,000 Public Liability Insurance $ 50~00 Fidelity Bond 30 Minute call back on order Contract Employee Guarantee Jt VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 1 Item TEMPORARY PERSONNEL SERVICES 1. Secretary I f/4.~ Two years experience in secretarial and clerical work. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm. 2. Secretary IllAdministrative Assistant Three years advanced experience in secretarial and clerical work including transcription, , Lf . <<" 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 14. "?s' Responsible and varied clerical work involving moderately complex work methods and procedures. Requires proficiency in the use of the word processor andlor typewriter. Must type 40 correct words per minute based on dept. needs. 4. Clerk I I~' 2. 2- Must possess basic typing and computer experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. 5. Clerk II One year experience in general clerical work, possess computer software experience and ltot. ~$" 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. $ I .. RFP NO. 37-04/05 DATE: 8/3/05 30 CITY OF MIAMI BEACH /"",.. f 6. Clerk III Three year experience in skilled typing and general clerical work, accounting & bookkeeping. 1~'So 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 AccountinQ Clerk II J5'.4S'" 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-ethnic/multi-cultural environment. 8. Customer Service Reos I Comolaint Ooerator Responsible telecommunications work in the Safety communications Unit. Retrieving, 14.12- 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 Reos I Communications Ooerator Entry level responsible teleeommunications work in the Safety Communications Bureau. Receiving, screening and relaying information for emergency and other calls utilizing a multi- J't.st> line telephone and a computer aided dispatch system or other means. Effective communieation 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 technieal work of a specialist nature. Interpretation of department JLf.~ 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 t\..O Knowledge and skills in carpentry work at the entry level in the construction and finish work ~d. including materials, methods and techniques. Maintenance and repair of city facilities. 12. Electrician rL.D 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. 11 , IJ RFP NO. 37-04/05 DATE: 8/3/05 31 CITY OF MIAMI BEACH 13 , 13. Plumber ~ Skilled work at the journeyman level as plumber with certificate of competency as a ~ journeyman in the plumbing trade. 14. Service Worker ~;J Advanced and responsible manual labor duties of a skilled nature. 15. Ale Mechanic tto Skilled work at the journeyman level in the installation, maintenance and repair of air ~ conditioning equipment, and related apparatus. 16. Painter tt-o Skilled painting work at the entry level in the construction, maintenance and repair of city ~ facilities. 17. Buver }5'- 4~ 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: 8/3/05 32 CITY OF MIAMI BEACH J'7 DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida I _ ,Ifr Submitted this 1J1 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 U./~ .~. ,'- A' ~ ~~~. ~ (!,t;t.,b r('~lA. P':t'"iLL' ~()~ PRINTED NAME \J~u- - f/~'~ TITLE (IF CORPORATION) RFP NO. 37-04/05 DATE: 8/3/05 24 CITY OF MIAMI BEACH /) QUESTIONNAIRE Proposer's Name: D .n. II o..v 'd. WOTnJ.- V~TSOV\ ~ Principal Offiee Address: n 6t. L..o...I a\._ J I g ~ I VCLt w\ ~ /..,4~ kJ \i n:- 1J.J.e4)~ PO--lYV\. ~, ~ '31L10't Official Representative: , () I Co..",~ Lt') D-b -r j, .Q... Lo.- r JZ.. ~ ~ 2.. ... Individual Partnership (Cirele One) ~rpora~ If a CorDoration. answer this: When Ineorporated: L!1~ 1 In what State: 1= lor-,d~ If a Foreian CorDoration: Date of Registration with Florida Secretary of State: tQcgl Do..vid. WooJ Name of Resident Agent: Address of Resident Aaent: 11 IIVu..I} '.)J < i- Pa...-l M ~ I ~ "33 "toq I ~q J P~rv. ~ ~k.,L.o ~~' President's Name: J 0 CLY\ ~t.(v ~ Viee-President's Name~ .f) , C ~ ()..b( j.u.o... f" ~ " .t.- '2.- ... Ct (" ru Treasurer's Name: DfA. vi d. Wo"cJ 25 CITY OF MIAMI BEACH RFP NO. 37-04/05 DATE: 8/3/05 It? Members of Board of Direetors: David \A.Joo& If a Partnership: rv/ft Date of organization: General or Limited Partners: Name and Address of Eaeh Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experienee in operating similar business: 3t6 '1/111 ('"5 2. Have any similar agreements held by Proposer ever been eaneeled? Yes ( ) No 0( If yes, give details on a separate sheet. RFP NO. 37-04/05 DATE: 8/3/05 26 CITY OF MIAMI BEACH 17 Questionnaire (continued) 3. Has the Proposer or any prineipals of the applieant organization failed to qualify as a responsible Bidder, refused to enter into a eontraet after an award has been made, failed to eomplete a eontract during the past five (5) years, or been deelared to be in default in any eontraet in the last 5 years? No If yes, please explain: 4. Has the Proposer or any of its prineipals ever been deelared bankrupt or reorganized under Chapter 11 or put into reeeivership? Yes ( ) No W If yes, give date, court jurisdietion, aetion taken, and any other explanation deemed neeessary on a separate sheet. 5. Person o~ersons interested in this bid and Qualification Form have ( ) have not been eonvieted by a Federal, State, County, or Munieipal Court of any vio ation of law, other than traffic violations. To inelude stoekholders over ten pereent (10%). (Strike out inappropriate words) Explain any eonvictions: 6. Lawsuits (any) pending or completed involving the eorporation, partnership or individuals with more than ten pereent (10%) interest: tJo 1'U- A. List all pending lawsuits: RFP NO. 37-04/05 DATE: 8/3/05 27 CITY OF MIAMI BEACH IV; Questionnaire (continued) B. List all judgments from lawsuits in the last five (5) years: tJlVt C. List any eriminal violations and/or eonvietions of the Proposer and/or any of its prineipals: Not'Ul- 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived eonfliets of interest in eonneetion with this proposal: (If none, state same.) IUO)'\JL 8. Publie Diselosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any assoeiation or relationships whieh would eonstitute a eonfliet of interest, either aetual 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 eontract, all Proposers are required to diselose all persons and entities who may be involved with this Proposal. This list shall inelude publie relation firms, lawyers and lobbyists. The Proeurement Division shall be notified in writing if any person or entity is added to this list after reeeipt of Proposals. (Use additional sheet if needed) nov...L RFP NO. 37-04/05 DATE: 8/3/05 28 CITY OF MIAMI BEACH ILl Questionnaire (continued) The Proposer understands that information eontained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and sueh information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish sueh additional information, prior to aeeeptanee 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 eontained in this questionnaire may be eonfirmed through a baekground investigation condueted by the Miami Beaeh Police Department. By submitting this questionnaire the Proposer agrees to eooperate with this investigation, ineluding but not necessarily limited to fingerprinting and providing information for eredit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address ./ By: General Partner Print Name WITNESS: s~~~ ~ (" \e(\ e..... ~ \.,~ J Print Name t;)~ IF CORPORATION: trw,d. Wood.... {Jt,r~crn~ Print Nal11e of Corporation \ If( q 1 ~C)...l. ~ ~ LA..\u-o B V'7J.,. lufl.l;1'" Po-l~ ~, ~ ~~yoq Address (CORPORATE SEAL) (.A..' President Attest: ~- ~. ~f-~ Secretary RFP NO. 37-04/05 DATE: 8/3/05 29 CITY OF MIAMI BEACH ~ \2~\-\ \ ~)\T ~ - - ORDINANCE NO. 2001-3301 AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING DIVISION 6, TO BE ENTITLED ''LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED "PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTlTI..ED "ADMINISTRATION", BY ESTABLISHING A UVlNG WAGE REQUIREMENT FOR CITY SERVICE CONTRACfS AND ESTABLISHING A LIVING WAGE FOR OTY EMPLOYEES; PROVIDING FOll REPEALER, SEVERABILITY, CODIFlCA nON, AND AN EFFECfIVE DATE. WHEREAS, the City of Miami Beach awards private finns contracts to provide services for the public. The City also provida financial auistance to promote economic development and job growth. Such expenditures of public money allo serve the public purpose by creating jobs, expandina the City's economic bale. and promotina economic security for all citizens; and WHEREAS, such public expenditurea should be spent only with deliberate purpose to promote the creation of full-time, pennanent jobs that allow citizens to support themselves and tbeir families with dipity. Sub-poverty level waaes do not serve the public purpose. Such waaes instead place an undue burden on taxpayers and the community to subsidize employers paying inadequate waps by providina their employees with social services such u health care, housina. nutrition, and energy assistance. The City has a responsibiJily when spending public fundi to set a community alandanl that pennita full-time workers to live above the poverty line. Therefore, conb'actors and subcontracton of City service contnct. should pay their employees nothinale.. than the livina waae herein described; and WHEREAS, in addition to requiring livin. wages for City services provided by private finns, the City wishes to serve as an example by providina a living wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY mE MA YOll AND THE CITY COMMISSION OF TIlE CITY or MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Division 6, to be entitled "Livina Wale Requirements for City Contracts", of Article VI, entitled "Procurement", of Chapter 2 of me Miami Beach City Code entitlecl"Adminiatration" II hereby created to read u follow: 10f9 Chapter 2 ADMINlSTRA TION . . . Article VI. Procurement . . . Division 6. LivinJ WIJe Requirements for Servico Contracts and City EmRlovees . . . Section 2-401.R..""... DeftnldPIII (a) "City" me~s the Jovemment of Miami Beach or any authorized a,ents. any board. apnc;y. commission. department. or otherentilf thereof. or any successor thereto. tb) '~oYel1ld Emoloyee" ~n. anyone employed by the CilV or any Service Contractor. II fwther defined in Chi, Division. either full or part time. as an emolovcc with or without benefits or u an i~dent cQntractor.. tel "Covel1ld Bm9IO\4er" means the Ci\y and any and all Service Contractorl_ whetbcr contnctinl directly or indirectly with the City. @Ild subcontractOl'l of a Service Contractor. (d) "Service Contractor" il any individual. business entity. cOlJ)Oration (whether for Drofit ex: not for profitl. Dartnenbip. limited liability COIIlPany. joint yeqture. or limilll' lxlainesl who ia conductin2 busineu in Miami BelCh~ or Miami Dade County. and meets one U) of the two (2) followin, criteria: (1) The Service Contractor i.: (8) plicl in whole or part fJ1)lD one or more of the City'. aeneraJ. fund.' c.ta1 pl'Qject ftnda. ~fI revenue funda. or any other funda either din=ct1y or indileCtly. whether by comoetitive bid procca. informal hidl. rcqueall for pooosaJa.SOIDe Conn of lOlicitation~ ne-lOliation. or BlJ1'DIDCnt. or any other deci.lqo to enter into a CODb'lCt: or (b) enpaed in the boline.. of. or part of. . contnct to provide. . IUbconlnlcl to provide. or similarly litUlt9d to DJOvide. aervicel. either directly or indimcdy for the benefit of the City. However. thil doea not ,,,,If to c:ontncta related ~marily to the sale of products or R!& lel "Covered Serviccs" are the IYDe of servicel pwchued bv the Ci~ that are lu~lect to the mqubemenu of this Diyision which include the fo))owin.: (n City Service Contrac:tI Conlracta involvin, the Cj~'. expendit9fO of over 5100.000 per year and which include the followi", ~ of servp.: (1) food pregll'lllion and/or distribution: (2) aecuri,y ICI'Vlcca: (3) routine mlintenance services .uch .. cUltodill. cleanin,. computen~ refuse removal. R;1air. refinishinl!. and rec;~lin,: 20f9 .. (4) clerical or other non-supervisory office work. whether telllporary or pemJanent; is) tr8n$,P0rt8tion and .-kin, services; (6) Findn, and rcgroducdon lq'Yicea: (7) landsc~pinJ. Lawn. and or .,ncultural services: and (8) park and public place maintenance (2) Should InV services th8111e beint! nerformed bv Citv Emn)ovees at the time this ordinance is enacted be solicited in the futUft! bv the Citv to be ne.nonned by a Service COI)tractor. loch se~;ces shall be Covem Services lIubiect to mi. Divi&ion. SECTION %408. "'PV" LIVING WAGE (I) Llvln. Wa_ Paid. (1) Servke Contndo'!. AU Service ContrlctOll. u defined ~ this Division_ enterinl into a contract with thl( Citv of Miami Beach shall ~y to all ita emplQyees who provide services CoV~ by ,hi. DiYilion. a livin, w"F of no leu ~an S8.S6 an hour with health benefits. or a livin, wap of not leas than 59.81 an hour without health be~t.. u described in this Section, (2) Ctw EDlDlo- Por a'Y BlnplQ)'eel under the City D.V plan. the City win ~Jin to ~ a livint! W82C consilient with the foals and terms of this Division on phue-in bui. beJinnin, in the 200 J -2002 City bucilel yw. incno...i", on III annual basi. incrementBlly 10 that the Livin, Wlte is fully inwjemented for Ci(y omplQ~. in the 2003-2004 City bud.t year as m~ be a4justed pursuant 10 lubaection (e) below. 'l'hemafter. the Li~nR Wue to be naid by !be City to ill emol01lll!lY lIball not. be aubiect tp tht lUlnual indexiDlr _nR the CDnaunwq Pti~ rn~. for aU Qrhan Conaumen (CPr.In reauill".d un_ lubleCtion eel bl;low and inatp..d shall be lubiflCt to ne~ptiations within ~ coJlective banrainin. structure. {b} H"'~ Benellts. For a Covered Brqplover or the Ow to COIJU)ly with the livin, wlure DI'Ovision bY chooIin, to "'" the lo~r WIlle scale ayailable when a Covcnd BmpJop also provides health benefits. such health benefits sbaIJ OOl)I'lt of pavment of at leut Sl.2S per hour towards the provision of health CII'e benefit. for Covered Emgloyees and their deDeDdents. If the heallh begefi~. plan of the Covetm BmDlover or the Ci,y reaain. an initial period of erQDlovment for I new clIlPloyee to be cUmbIe for health benefifl (elilibijlity RGriod) such Covered EnmIQ\'eJ' or City m., qualifY to DaY the SB.S6 per hour W~F scale durin, the new emaIoWJe'. initial elilibili'.)' period pmvitWI dte new emplOYee wilJ be pBid health benefits upon completion of the eliJibiUty period. Proof of the Provision of health benefits musl be submitted to the awlUdinl! authority to quali(y for the wa,e rate for emglQyee8 with health belWic., ec) Ind...... The livinl! wuc will be automatically ii_xed eICh YC8I' _ft, the Consumer Price Index for all Urban Consumers (CPt-In un Ie. the City Commiuion determines it would not be fiscally sound to implement the CPI-U in a particular yell'. 30f9 Cd) Certlfteadon Reaulred Before Pavment. Any and all contracts for Covered Service~ shall be void. and no funds may be released. unless prior to enterina: anv a2J"eernent with the Cty for a Covered Services contract. the em.ployer certifies to the City that it wiU D,y each of ita employees no less than the livin, wqe 4escribed in Section 2-408 Ca). A co"py of this certificatc must be made available to the public upon reQuest. 1)1~ certificate. at a minimum. must include the followimz: 0) the namc. Addresl. and ohone number of the employer. a local contact penon. and the .oecific Dl'Qject for which the Coven:d Services contract is sou"'t: (2) Ihc IDIOUnt of the Covered Services contrICt and Ihe City Department the contract will servc: (3) a brief descriDtion of the proicct or service provided: (4) a statement of the ~,e levels for all enmlovees: and (S) a commitment to P'Y all ernJlJoyecs a Iivin, wao. as defined by uaruraOh Section 2-408 ea}, (c) ObaenatloD of Other La... Even Covered EroDlo. shall be Dad not lell than biweekly. and without subsequent deduction or rebate on any account (except 81 such DBYI'OIl deductions 81 are directed or pennittcd by law or by a collective bqainin, .lfI'CmenO. The Covered Employer shall PItY Covered Bn\pIoyees wae rates in accordlnce with federal and all other aDDlicable laws such U overtime and similar WIJC laws. en ra.tInt- A cOPY 9f the l~yinl waRe rate aha!) be kept polled bv the Covc:rcd Emoloyer at the lite of the work in a prominent place where it can cully be accn and read by the Covered BmpJo)'eCS and shall be s..led to the c:D1PJoyee within a JaIOMbJe time after a request to do 10. Poalina ~uiremcntl will not be required where the Covered Emplovcr Drinll the foUowin, statements on the front of the Covered BJnplovee'. tint paycheck and evmy lix months theJufter: nyou are reauimd by Cty or Miami Beach Jaw to be plid at least S8.S6 dolllll an hOlD'. If you III'e noI paid thil hourIv rate.. conblcl YOUr e~lo,.. an attornev. or the City of Miami BC8Ch." All notice. will be printed in Bnflish_ Spanish. and Creole. . lJl CoDedIve .....nt..._ Nothing: in this Divisiop shall be mad 10 ~uire or authorize any Covered ~Io,yer to reduce wapi let by a coIlectiye bll'Jainin, a,reement or are required under any 1)r1:vailin, wase law. 40f9 SECTION 2.40'. Reserved IMPLEMENTA TION eal Procurement &peclftcaUons. The livin2 waRe shall be required in the Drocurement specifications for all City service contracts for COyeml Services on which bids or Pft)JlPSals shall be solicited on or after the effective date of this Division. The DrocUJement IDeCificationl for 8DplicabJe Covered Services contracts shall include a requirement that Service Contractors and their Bubcontracton .gree to produce all documenu and records relltin, to payroll and compliance with this Division upon reouest from the City. All Covered Service contl'lCts awarded subsequent to the dale when this Division becomes effective. shall be subiect to the reouirements of this Division. (b) Information DlatrlbutecJ, All requests for bids or requeatl for DI'ODOsals for Covered Services contracts of $100.000 or more shall iJlCJude aDDr'Oonale Infonn8tion about the ~Jlirementl of this Division. (c) Malntenanee or Payroll Reeord.. P.ACh Covered HmDlover shall maintain uavrolls fo( all Covered qloyees and basic records rel.n, theme .nd shall preaerve them for. period of three (3) vean or the tenn of the Covered Services contract. whichever ia 2I'eater. The record. shall contain: (I) the name and .dtlll!lls of each Covered BD\PIQyee: (2) the iob title and cllllifieation: (3) the number of houri worked each day: (4) the JIOII WI2CI CII1ICd and deductions made: (5) annual Wapi paid: (6) a cQPv of the lOCial security returns and evidence of oavment Ihen:of: (7) a record of frin,e benefit payments includinl contributions to .P9J'Ovcd plana: and (8) any other dala or infonnation this Division shoQld requite from time to lime. Cd) ReDOrdn8: Pavroll. Eyerv six (6l months. the Covered Bmolover shall file with the Procurement Director a eomnlete DavroU showinlr the Covelll!ld Bn,olowr'. Davroll mcordI for each Cownd HmDJoW!C workinlr on the contmctt's) for Covered Smvice!l for one oavroll oeriod. U-poo reauest from the City. the Covered Bnwlo)W shan produce for in~tion and cQgyin, its oavroll recorda for any or all of itl Covered BInpIowes for any period covered bv the Covered Service contract. The Citv mav examine oavroll records.. -.tI"4 to ensure comolianee. SI:C'I'ION 2-410. R..~'" COMPLIANCE AND ~ORCEMENT. la) Servlc:e CcmlndDr to Caoaerale. The Service Contractor shall ocnnit City emolovees. .pla. or n;prcaentatlvea to observe work bein2 performed aI. in or on the proiect or maUer for which the Service Contractor hu a contract. The Ci(y ~tatiYe. mav examine the boob and recorda of the Service Conlrlctor relatin, to the emplOYment md oltYlOlI to dctennine If the Service Conlractoris in comDliance with the oroyisions ollhis Division. ~of9 . . OJ} CoIDDJllnt Procedures and Suctions, (1) An empJQvee who believes that this Division II)plies or agDlicd to him or her and that the Service ContrlCtor. or the City. i. or wu not conwlyin, with the raquirements of this Division hu a riJht to file I cOD\Plaint with the Procu~mcnt D~tor of the City. Com"l~n" by employee, of alleled violations JDay be made at any d~ and shall be investiptcd within tbirty {JO) ~ by the City. Written and oral statementl by an employee shall ~ treated 81 confidential an~ shall not be diacloaed wi,hopt the written con.ent of tQe emplQ)'ee to dJe extent "'owed by ,he Florida Statute&. (2) AnY individual or entity may also file a complaint with the Procurement Director of the City on behalf of an emploYee for investigation by the City. (3l It shall be the IeIJODSibilitv of the City to inveatip~ all alleptions of violations al lhil Division within thi~y (30) ~ If. at ~y time. ... City. qpon inveati,lllion _ermines that. violatiOn of this Division has occ~ it shall. within Ien ((0) worki.., ~ of a findin, of non-cOlllpUance. issue a notice of corrective action to the eq)loyer .~i(yi", all areas of non-compliance and deadlines for maolulions of the identified violations. If I Service: Contractor fails to comply with any notice i"l~ the ~itv Man"Ff or the City Man..'Vc', dcsipee may iSl~ an order in wltn_ to the Service Contractor. by certified mail or hand delivery. notifYin, the Service Contractor to .pp:ar at an adminiltnWve heBrin, before the City Manaeer or the City Manaftr"s dcsitnee to be held at a time to be fixed in such order. which tI.'tIl shall be not lesl tb,n five (S) ~ after service thereof. (4) The proceedinp shall be infonnal. but shall afford the Service Contractor the litht to teltifv in the Service Contractor'. own defense. PJWnt witncascs. be I'IlDRscnfed by counsel. submit relevant evidence. Croll examine witneascs and object to evidence. (S) The proceeding Mall be recorded and minutes keot by the City. Any Service Contractor reqpirinll verbatim minutes for iudil;laJ ~view may arr&IlJe for the lIClVices of I coun reDOrter at the ~~ of the Service ~ontractor. (6) Within ten (10) ~ of the closc of the hellin.. the City M~.m' or the City M~IF'. _pee IhaIIIIlIKIer a decision in writjn, dctmmioin, whether or not the Sqvice Conb'lctor il in corqpIiance.. or whe~ other actiQIIlho\dd be taken. or whether the mattm- Mould be C(gntinued. u che cue may be. and .tatinS! the reaons and findinp of flCt. m The Qty ~ao"" or the City Man-pr', deli.Be shall file findinp with the CiCY Clerk. .. shall send a bue and cpIIlCl cogy of hit order by certififd mail. n:tum receipt requested. or by hand delivCly. to the business address u the Service Contractor shall _iplate in writin,. (8) The City Manuel"s or desipl~'s findinea shall constitute the tinal adminis1l'alive action of the City for p\Jl'DO&Cl of iudicial review under state Jaw. 60f9 (9) If a Servicc Contractor fails to seck timely appellatc review of an order of the City Man.Ref or the City Mana2cr's desiJllcc. or to comply timelv with such order. the City may pursue the enforccment of sanctions sct forth in Section 2- 410 (c). eel Prlya" JI_ht of A~lon A.-SlUt Service Contrador Anv Covered Emnlovf!e of Qr fql'll'lm' Covered Brr)Dlovee of a Service Contracror mav. instead of UlilizinR the Citv adminiltrBdve omcedUl1! set forth in this OJ vilioQ. but not in addition to such orocedure. brinll an action bv flUnR _uit AR.inst Ihe Covered Emnlover in anv court of comnetent iurildiclion to enforce the nmvisiona of this Division and may be aWAftIM back nay. benefits attorney'. fClCI. ~ COlli. The aoal,cAhIe Itatute of limitationa for such a claim will be two (2\ 'VC8flI U DmvjdM in Florida StatuU:s~tion 9S.11(4)(c\ for an action for oavment of wa~.. The court may also i~DOIe unctions on the Service Contr8Ct~. includinll thOle DeI'IOIII or end tie. aidinR or abetting the Service Contractor. to include wa~ restitution to the affected Coveftld Rmolovee and damaReIl oavable to the Covered Emnlovee in the sum or gO to SSM for each week each Service Contractor is found to have viol.'M this Division. (d) SanctloDl A_lnlt Service Contncton. For violations of this Division. the Citv shall sanction I Service Contractor by reguirin, the Service Contractor to pav waF restitution at the employers expense for each affected employee 8nsS may access the followinJ: (I) The City ~ impoae dam..~ in the sum ofSSOO for each week for each emploYee found to have not been paid in accordance with this Division; and/or (2) The City may~usDCnd or tenninate DaYment under the Cove~ Serviccs contract or terminate the conb'act with the Service Contractor: andlor (3) The City may dcclR the employer inelilible for future service contracts for thtee (3) yean or until all nenaJties and restitution haye been Daid in full... whichevc;r illonF. In addition. all erDolovCl'l shall be ineJipble under this section where principal officers of the ell'lP10yer wc~ principal officcn of an employer who violated this Division. (0) Public Keco~ of Sanctions. An such sanctions recommended or imoosed shall be a matter of public record. en ~ for AldIa, and Abettin2. The sanctions in Section 2-ilO tc) shall also aouly to any partv or DUties aiclin, and abettin, in anv violation of this Division. C,) R"'.'adon aad DlscrlmInadon Barred. A CoYCJed BmDJOver shall not dischlU'2.c. reduce the compensation. or otherwise discriminate .mldl any Covered EmDlovee for makin, a coq)laint to the City. or otherwise usenin, his or her rimts under this Division. 98dicipatinR in any of it. proceedinp or Ulin, anv civil remedies to eQforce hi. or her rimlS under this Division. Allegalions of rIltaliation or diacriminlllion. if found true in a oroceedln, under paruraDh (b) or ~y a court of ~pctent iurisdiction under para~h ec). shall rasult in In Older of restitution and rein.t,J,ement of. diachanzed Covered Bulplovee with back ~ to the date of the violation or such other relief as deemed WI'QDriate. 70f9 : (h) Enforcement Powers. If necessary for the enforcement of this Division. the City I.........'{ Commission may issue subpoenas. comoel the attendance and testimony of witne'lea and DrOduction of books. DIDeI'I. recorda. and docwnentl rel.tin, to pavroll records necessary for hearinR. inveatiptions. and proceedinp. In case of disobedience of the .ub,poenL the City Attorney may aPlly to I court of competent iurisdiction for an order rOQuirinR the atten~ and testimony of witnel8c:a 8I1d oroduction of books. ~rs. records. md documenll. Said court. in the CUll of the refusal to obey such IUbj)oenL after notice to the perlon subpoenaed. and upon findin, thlt the attendance or testimonv of such witneues of the production of such book.. OlDen. records. and documents. u the case may be. i. relevant or neceasar:y for such hearin,.. investiptions. or ,roc_in,s. m.v iuue an order requirin2 the attendance or testimony of such Minella or the production of such documents and anv viol81ion of the COlUt'. Older ~ be punishable by the court as contcn\pt thereof. (j) RemedJeI Herein Non.Exdulve. No mne4v set forth in this Division il intended to be exclusive or a prerl'Quiaite for aaertin, a claim for relief 10 enfon:e the rilhl. under thil Division in a court of law. This Division shall not be con.tnled to limit an e~lovce's ript to brinR a common law cause of action for wronafuJ tennination. SECfION 2. REPEALER. All ordinances or pms of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SE~RABILlTY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It i. 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 ~f the City of Miami Beach, Florida. The sections of this Ordinance may be returned. 80f9 SECTION 5. EFFECTIVE D~ TE. This Ordinance shall take effect on the 28th day of Aprll . 2001. PASSED and ADOPl'ED this ~ day of April. 2001. A TrEST: JIJ MAYOR f<l~J- YaltlLVL CITY CLERK !at readina 2nd readinl XX ~d1nanc. No. 2001-3301 APPROVED AS TO FORM" LANGUAGE clPORBXBCUTlON r- l;:-()I- -y~~....-...._.. 9of9 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 &, ENTITLED "UVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"iBY AMENDING SECTION 2-408(b). ENTITLED tlHEAL TH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE tlEUGIBILlTY PERIODtI, AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE THE $8.51 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABIUTY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City award, contracts to private firms to provide serVices for the public and also provides financial assistance to promote economic development and job growth; and WHEREAS. such expenditures of publie money also serve a public purpose by creating jobs. expanding the City's economic base, and promoting economic security for aU cltlzens;and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time. permanent jobs that allow citizens to support themselves and their families with dignity; and WHEREAS, sub-poverty level wages do not serve the public purpose, and such wages place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance; and WHEREAS, the City has a responsibility when spending publie 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 emproyees nothing less than the living wage herein deser/bed; and WHEREAS, in addition to requiring living wages for City services provided by private firms, the City wishes to serve as an example by providing a living wage to arl City employees. . NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT OF CITY CODE That Section 2-40B(b), entitled "Health Benefits", of Division 6, entitled "Living Wage Requirements for Service Contracts and City Employees", of Artlele VI, entitled "Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is hereby amended to read as follows: Chapter 2 ADMINISTRA nON * * . Article VI. Procurement * . * Division 6. Living Wage Requirements for Service Contraets and City Employees * * * - SECTION 2-408. LIVING WAGE . . . (It) W.alth ..n.... Fer a C9'.'8fect EMpleyer 9r the City te aemply with the Ii'JiAg tJ-'8ge pfe-AsiGA by OhGG8iAg te pay 'he le':..r '>>8ge soale a\laR8Ble whBA a ew....,." ilRplayer aile pNvkte8 health BeAefits, swoh health beRetite Ihall GeA.ilt 9f P8VR'eAt of at le8st S1.~1i per Jle..r teward. the pfOVleleR 9f hell"' 88" BeReIte fer Ca'lered &mpley8el aAct their "epeR"eAlI. If the heal" beAefits pJaA ef the Ceverect &fRPIeyer sr It!.e City f8'twlree aA IAitial. peRH af empleyMeAt fer a AM'] Mlplayee te be eligible fer heal" Dene. (eligibility peRGet) ,"sh Cave.. 'mpleyer ar CIIy may lfwalify te pay the $8.1i& per hayr 1.-181. leale ,h"~Ag the Rev: empleyee'. eligibility p.Re" pf8l'Me8 the Aew eMpleyee will be pall\l health liteAetite \lpeR GeMplellaA sf the eligiBility peAe". PFeef ef th. pNWiliGA ef ~e811l aaeRefils ",wst be 8\1..1*" Ie t~e .waRllAg awtheRly te If''all~' fer the wage Fate fer .""Ievee. with health beAefits, (b.) Health Benefits: ellalblllty arlod. For a Covered EmoJover or the CItv to comDlY with the livinG waGe Drovision by choosInG to DaY the lower wace scale 8V8i1able when a Covered EmDlover also Druvid.. heBIt!} benefits. such health benefits shall consist of oavment of at least 51,25 Der hour toward the DrOylalo" of health benefits for Covered EmoIove8S and their deDendents. If the health benefits Dla" of the Covered EmDloyer or the City reauires an initial oer1od of emDlovment for a new emDlovee to be eliaible for health benefits (aUDibility Dartod) the Iivloo waae DIOylslon shaH be comDlled with 8S follows durinG the elialblllty Deriod: (1) Provided the new emolovee wit be DaJd health benefits UDon the comDletlon of the ellqibMltv oerlod. a Coyered EmDlover or the CItv may onlv aualify to DaY the 58.58 per hour waae scale for 8 term not to exceed the first ninety (90) days of the new BmDlovee's ellalbllltv Deriod. said term cammenana on the emDJovee'. date of hIre, .,- (2) If the Covered EmDlover's or the City's eUaibll1tY oeriod exceeds the ninety (gO} day term Drovided In subsection (1) a~e. then the Covered EmDlover or the City. commenc.no on the ninety first (91 ) davof the new emolovee's eligibility period. mUlt commence to Dav a livina waoe of not less than 59.81 an hour. Proof of the Drovislon of health benefits must be submitted to the awardlna authority to puallfv for the wage rate for emDlovees with health benefits. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. _EVERABI LlTY. If any section, subsection, clause, or provision of this Ordinance Is held invalid. the remainder shall not be affected by such Invalidity. 'EeTION 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 Ordlna~ce shall become and be made 8 part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be retumed. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th ,2003. ATTEST: MAYOR ~6 f d.t d.t.v- CITY CLERK -...,- ... 1st reading 2nd reading .,~AII'IO POIIMaLANGUAGI .1GI1XECUI1ON TMGENOA\2003\l1pr0903\nIguJ.r\l.lvIng WIlli Prob Per 04 03 ord.cIoC