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HomeMy WebLinkAboutA1A Employment ?tJ(;J~ - ;2to 9/ ;;Jftr; - erF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A1A EMPLOYMENT OF MIAMI FOR TEMPORARY PERSONNEL SERVICES ON AN "AS NEEDED" BASIS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 37-04/05 THIS AGREEMENT made and entered into this lilt day of VA-Nl//lfL1,2006, 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 A1A EMPLOYMENT OF MIAMI (hereinafter referred to as Contractor), a Florida corporation, whose address is 3050 Biscayne Boulevard, Miami, Florida, 33137. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor. City Manager: The Chief Administrative Officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent Contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, as described in Section 2 and Exhibit "A" hereto. Fee: Amount paid to the Contractor to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 GENERAL The City is entering into this Agreement for temporary personnel services, on an "as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto, attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the Services). Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill vacancies until they are permanently filled; and to work on special projects. 2.2 MIAMI BEACH ONE-STOP CAREER CENTER Contractor hereby agrees to utilize best efforts work with the Miami Beach One- Stop Career Center to recruit potential employees. 2.3 SCREENING, INTERVIEWING, TESTING AND TRAINING Contractor will be responsible for, and provide to the City, supporting documentations for screening, interviewing, testing and training of temporary personnel, to include: - In depth interview that includes job preferences, experience, goals, interest, attitudes, motivation and other work-related attributes. - Job-related tests to include typing and communication skills. - Background checks, to include drug testing, criminal checks, and credit history (for positions that may require the handling of City funds), all to be performed at the same level of stringency the City uses for screening its own employees for hire. - Verification that its employees are not convicted sex offenders. - Training employees on the City's Service Excellence Program. 2.4 INDEPENDENT CONTRACTORS For the purpose of this Agreement, Contractor acknowledges and agrees that any and all temporary personnel assigned by Contractor to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 2 SECTION 3 COMPENSATION 3.1 FEE Contractor shall be compensated for the Services, as set forth in Section 2 and Exhibit "A", based on the temporary personnel services provided, as needed, by the City. The hourly rates set forth in this Agreement shall remain fixed and firm for the duration of the Agreement, subject to negotiation based on Consumer Price Index- Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate increases. 3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW Contractor acknowledges that it shall be required to compliance with the City's Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time. At the commencement of this Agreement, pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well as any subsequent amendments thereto. 3.3 TEMPORARY TO PERMANENT In the event that that the City, at its sole discretion, elects to employ a temporary employee, no fee and or penalty of any kind (resulting from the change in status of the temporary employee from temporary to permanent), shall be assessed by the Contractor. 3.4 INVOICING Contractor is required to furnish the following information on its invoices for temporary personnel supplied to the City: - Purchase Order number issued by the City's Procurement Division - Department and location within the City of temporary services provided - Full name of individual performing the service - Job classification - Number of hours worked, by date 3 All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. 3.3 METHOD OF PAYMENT Payments shall be made for Services satisfactorily rendered within thirty (30) days of the date of proper invoice. Contractor shall provide invoices in duplicate to the manager or department head of the City department utilizing the temporary personnel for which the invoices are for. With a copy to: City of Miami Beach Accounts Payable Department 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of two (2) years commencing on the last date of execution of the Agreement by the parties hereto. At its sole discretion, the City may renew this Agreement upon the same terms and conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30) days written notice to Contractor (such notice to be provided prior to the end of the initial term or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the Contractor shall commence upon receipt of a Purchase Order from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis. 4 4.5 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-contractors, or any other person or entity acting under Contractor's control, including without limitation any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of this Agreement and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out 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 alllegallequitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right 5 to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenienee of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BYTHE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolveney 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 Sanetions for Noneomplianee with Nondiserimination 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 Proeure Insuranee 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: A 1 A Employment of Miami Attn: Garrie J. Harris, c.o.a. 3050 Biscayne Boulevard Miami, Florida, 33137 (305) 573-0333 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: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: ~cf P~LkA City Clerk Robert parc~~,b Date I r David ;J;tb Date / FOR CONTRACTOR: A1A EMPLOYMENT OF MIAMI ATTEST: 1'---/7 - () '" Date ~~. IC.O.O. (7~6- :T~i -' Prmt Name w~...t.f/~ hv6 Date By: g~ ~ Seeretary JJeA/5tf' ~~ Print Name 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 CUTlON 12 City Attome~ ~ Date ":~-:l-..l" \l \ \:~ ,'r"' I \...\: " ., \ ,.-."." Miami Beaeh ***** .......CIIJ '1111.' CITY OF MIAMI BEACH lQ - REQUEST FOR PROPOSALS (RFP) NO. 37-04/05 FOR TEMPORARY PERSONNEL SERVICES CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 www.mlamlbeachfl.gov P.melaLeja@mlamlbeachfJ.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"), Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on August 31, 2005 until 3:00 p.m. for: TEMPORARY PERSONNEL SERVICES At time, date, and 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 Beach is seeking to enter into contracts for Temporary Personnel Services, on an "as needed basis", as specified in this RFP, from qualified Temporary Personnel Agencies. Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill vacancies until they are permanently filled; and to work on special projects. A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30 A.M. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORIDA. Attendanee at the aforementioned pre-RFP submission meeting is NOT mandatory, but strongly eneouraged as a source of important information. The City has contraeted with BidNet as our eleetronie procurement service for automatic notifieation of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you ean reeeive automatic bid notifications or to obtain a eopy of this RFP, go to www.aovbids.com/seriDts/southflorida/Dublic/home1.asD or call toll-free 1-800-677-1997 ext. 214. Any questions or elarifications concerning this RFP shall be submitted in writing by mail or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail: RFP NO. 37-04/05 DATE: 8/3/05 2 CITY OF MIAMI BEACH PamelaLeia@miamibeachfI.Qov. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000- 3234. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT 10 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/neweity/depts/purchase/bidintro.asp. CITY OF MIAMI BEACH ~....,,:' ' Gus Lopez, CPPO, CPPB Proeurement Director RFP NO. 37-04/05 DATE: 8/3/05 3 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov PROCUREMENT DIVISION - Telephone (305) 673-7490 Facsimile (305) 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 product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _ OTHER (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal 2! this completed form, may result in your company being removed from the City's bid list RFP NO. 37-04/05 DA TE: 8/3/05 4 CITY OF MIAMI BEACH TABLE OF CONTENTS SECTION Paae(s) I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12-14 III. PROPOSAL FORMAT 15 IV. EV ALUA TION CRITERIA 16-17 V. GENERAL PROVISIONS 18-19 VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 21-29 VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32 RFP NO. 37-04/05 DATE: 813/05 5 CITY OF MIAMI BEACH SECTION I . OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach is seeking to enter into contraets 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 antieipated 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 Acceptance of City Manager's October 2005 Reeommendation, and Authorization to Enter Into Negotiations, and Contract Awards C. PROPOSAL SUBMISSION An original and ten (10) copies of complete proposal must be received by August 31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original and all eopies must be submitted to the Procurement Division in a sealed envelope or eontainer stating on the outside the Proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Proeurement Division on or before the stated time and date will be solely and strietly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or eaused by any other entity or by any oecurrence. 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 conferenee 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 Beaeh, 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 consultant and the Procurement Division is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Proeurement Coordinator, with a copy to the City Clerk, no later than the date specified in the RFP timetable. The City will issue replies to inquiries and any other eorrections 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 Proeurement Division prior to submitting a proposal that all addenda have been received. F. MODIFICATIONIWITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until eontract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of Proposals without a contraet award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be 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 eaneel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. RFP NO. 37-04/05 DATE: 8/3/05 7 CITY OF MIAMI BEACH H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, . or any work performed in connection therewith, shall be the sole. responsibility of the Proposer(s) and shall not be reimbursed by the City. I. EXCEPTIONS TO RFP Proposers must clearly indieate any exeeptions 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 exeeptions. In cases in which exceptions are rejeeted, the City may require the Proposer to furnish the services or goods originally deseribed, or negotiate an alternative acceptable to the City. J. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspeetion after opening of Proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". K. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require Proposers to give oral presentations based on their Proposals. The City reserves the right to enter into negotiations with the top- ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a mutually acceptable eontraet, the City may terminate the negotiations and begin negotiations with the second-ranked Proposer. This process may continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subjeet project or property or against the City arising from sueh negotiations. L. PROTEST PROCEDURE Proposers that are not seleeted may protest any recommendation for selection of award in accordance with City of Miami Beaeh Ordinance No. 2002-3344 whieh establishes procedures for resulting protested RFP's selection for awards. Protest not timely pursuant to the requirements of Ordinance No. 2002- 3344 shall be barred. RFP NO. 37-04/05 DATE: 8/3/05 8 CITY OF MIAMI BEACH M. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinanees, codes, and regulations that may in any way affect 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 eompliance. 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 sueh 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, sueh 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, direetor, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beaeh. Further, all Proposers must diselose the name of any City employee who owns, either direetly or indireetly, 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 expeeted to be or become familiar with all City of Miami Beaeh 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 prescribed herein, in addition to disqualification of their Proposals, in the event of sueh 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 suecessful 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. RELATION 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 (PEe) A person or affiliate who has been plaeed on the convicted vendor list following a eonviction for publie entity crimes may not submit a .bid on a contract to provide any goods or serviees to a public entity, may not submit a bid on a eontraet 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 contractor, supplier, sub-contractor, 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 See. 287.017, for CATEGORY TWO for a period of 36 months from the date of being plaeed on the convicted vendor list. T. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirenf~nts listed herein shall apply. U. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may eonstitute grounds for termination of the contract, 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 committee of a eandidate, for the offices of mayor or commissioner. No candidate, or campaign committee 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 DATE: 8/3/05 10 CITY OF MIAMI BEACH member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. W. CODE OF BUSINESS ETHICS Pursuant to Resolution NO.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your 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 advance when possible), or information on access for persons with disabilities. For more information on ADA eompliance 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 diseharge 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 Beach is seeking to enter into contracts for Temporary Personnel Services, on an "as needed basis", as specified in this RFP, from qualified Temporary Personnel 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 contraets shall commence after the approval of the Mayor and City Commission and shall remain in effect for a period of two (2) years. Providing that the suceessful Ageneies will agree to maintain the same terms and conditions of the eontraet, the contracts may be extended for an additional two, one-year periods at the _ City's sole discretion. C. LIVING WAGE Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT The successful Agencies' hourly rates offered in their proposal submission shall remain fixed and firm during the term of their contracts, subject to negotiation based on Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinanee rate inerease. 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. Purchase Order number issued by the City's Procurement Division 2. Loeation of temporary services performed 3. Full name of individual performing the service 4. Job classification 5. Number of hours worked, by date The invoiees are subject to verification, approval, and processing by the department requesting the temporary personnel. RFP NO. 37-04/05 DATE: 8/3/05 12 CITY OF MIAMI BEACH F. WEAR OF UNIFORM When temporary personnel are assigned to working events with the general publie, 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, ineluding employee's hourly rate, which will be in accordance with the City's Living Wage Ordinance. I. PERSONNEL INTERVIEW AND SELECTION The City's representative(s) and successful Agencies shall mutually agree on the job description, minimum qualifications, duties and responsibilities for each position as needed. The City has the option to request more than one person at a time for any specific assignment to interview and select the best candidate for that specifie assignment, at no cost to the City. J. MIAMI BEACH ONE STOP CAREER CENTER All temporary personnel services firms that are being recommended for award have agreed to work with the One-Stop Career Center to 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 Agencies 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 considered 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 competent and physieally capable 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. Each 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 ineludes job preferences, experience, goals, interests, attitudes, motivation and other work-related attributes. 2. Job-related tests to include typing and communieation skills. 3. Background checks to inelude drug testing, eriminal checks, 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 Service Excellence program. O. AUDIT The City reserves the right to perform audit investigations of the Agencies' payroll and related records of employees assigned to the City to ascertain that such employees' records indicate payment reeeived for the speeific hours worked for the City pursuant to the Living Wage requirements. P. TEMPORARY POSITIONS The required listing of temporary positions and their associated job descriptions is included in this RFP and labeled "Temporary Personnel Services Position Deseriptions." RFP NO. 37-04/05 DATE: 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. *T able of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. *ProDosal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. . *Introduction letter designating areas of proposed services and sufficient information as to the qualifications of the proposer. . Respondents shall submit documents that provide evidence of capability to provide the services required as part of their submittal package. . *Respondents shall indicate how many years of experience their firm has in providing temporary personnel services. . Respondents must provide documentation which demonstrates their ability to satisfy all of the RFP requirements. . Respondents shall include their procedures for screening, interviewing, testing and training employees that will be placed with the City. . *Client references. List at least eight client references (name, title, company, address, telephone, e-mail address and fax) our Procurement Division may communicate with regarding your services. In addition, information for each reference shall include the description of temporary services provided; and estimated contract amount and volume of hours provided. 3. Fee Proposal: Submit the proposed fee structure, broken out by position description, relative to the Temporary Personnel Services Position Descriptions listed in Section VIII of this RFP. Proposers are not required to submit pricing for all positions~ob descriptions. 4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer Information forms; 5. *Any other documents required by this RFP. 15 CITY OF MIAMI BEACH RFP NO. 37-04/05 DATE: 813/05 SECTION IV - EVALUATION CRITERIA The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. An Evaluation Committee appointed by the City Manager, will recommend the most qualified Agencies based on the following criteria: Evaluation Criteria/Factors Weiaht Experience and qualifications of the Agency...... .................. ... ... ...... ...... .30 points Screening, interviewing, testing and training program... ... ... ... ... '" ... ... ... ... .20 points Proven performance of providing qualified and productive employees... ... ... .30 points Billi ng rates...... ... ... . .. . .. .. . ... ...... . .. ... ... .. . .. . .. . . .. ... .. . ...... . .. . .. ... ... ... .. . . . .. .20 points 100 points 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP NO. 37-04/05 DATE: 813/05 16 CITY OF MIAMI BEACH 8. Negotiations between the selected proposers and the City Manager take place to arrive at a contract or contracts. If the City Commission has so directed, the City Manager may proceed to negotiate a contract or contracts with a proposer or proposers other than the top-ranked proposer or proposers, if the negotiations with the top-ranked proposer or proposers fail to produce a mutually acceptable contract or contracts, within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has, or have, done so. ImDortant Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO. 37-04/05 DATE: 8/3/05 17 CITY OF MIAMI BEACH SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. c. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 18 RFP NO. 37-04/05 CITY OF MIAMI BEACH DA TE: 813/05 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO. 37-04/05 DATE: 813/05 19 CITY OF MIAMI BEACH SECTION VI- SPECIAL TERMS AND CONDITIONS INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. RFP NO. 37-04/05 DATE: 813/05 20 CITY OF MIAMI BEACH SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal form, pursuant to the "Personnel Services Position Descriptions" herein. Proposers are not required to submit pricing for all positions/job classifications. 4. Declaration 5. Questionnaire RFP NO. 37.04/05 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 according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 37-04/05 DATE: 813/05 22 CITY OF MIAMI BEACH ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04105 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff Member Date Proposer - Name Date Signature RFP NO. 37-04/05 DATE: 813/05 23 CITY OF MIAMI BEACH DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this day of ,2005. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 37-04/05 SIGNA TURE PRINTED NAME TITLE (IF CORPORATION) RFP NO. 37-04/05 DA TE: 8/3/05 24 CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: RFP NO. 37-04/05 DATE: 8/3/05 25 CITY OF MIAMI BEACH Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. RFP NO. 37-04/05 DATE: 8/3/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations~ To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: RFP NO. 37-04/05 DATE: 813/05 27 CITY OF MIAMI BEACH Questionnaire (continued) B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for P.roposals have any association or relationships which would. constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. (Use additional sheet if needed) RFP NO. 37-04/05 DATE: 8/3/05 28 CITY OF MIAMI BEACH Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Print Name of Corporation Signature Print Name Address By: President (CORPORATE SEAL) Attest: Secretary RFP NO. 37-04/05 DATE: 8/3/05 29 CITY OF MIAMI BEACH VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS Item TEMPORARY PERSONNEL SERVICES 1. Secretary I Two years experience in secretarial and clerical work. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethniclmulti-cultural environment. Minimum 40 wpm. 2. Secretary II/Administrative Assistant Three years advanced experience in secretarial and cler~cal work including transcription, dictation and executive level experience. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi- ethnic/multi-cultural environment. Minimum 40 wpm. 3. Clerk Tvoist Responsible and varied clerical work involving moderately complex work methods and procedures. Requires proficiency in the use of the word processor and/or typewriter. Must type 40 correct words per minute based on dept. needs. 4. Clerk I Must possess basic typing and computer experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. 5. Clerk II One year experience in general clerical work, possess computer software experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethniclmulti-cultural environment. RFP NO. 37-04/05 DATE: 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. Bookkeeoer I Accountino Clerk II Three years experience in accounting, supplemented by course work in accounting or bookkeeping; or any equivalent combination of experience and training. Must have ability to work in a multi-ethniclmulti-cultural environment. 8. Customer Service Reos I Comolaint Ooerator Responsible telecommunications work in the Safety communications Unit. Retrieving, evaluation, processing, modifying, and inputting information within various computerized and manual information systems. Type 30 correct wpm, effective communication skills, may include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi- cultural environment. 9. Customer Service Reos I Communications Ooerator Entry level responsible telecommunications work in the Safety Communications Bureau. Receiving, screening and relaying information for emergency and other calls utilizing a multi- line telephone and a computer aided dispatch system or other means. Effective communication skills, may include weekends, holidays, shift work. Must speak fluent English and one other language, have ability to work in a multi-ethniclmulti-cultural environment. 10. Personnel Technician I Complex clerical and technical work of a specialist nature. Interpretation of department operations, policies, procedures, dissemination of information, maintains records and reports, computes and compiles data; updates. Types forms, answers correspondence, prepares notices and minutes of meetings. Knowledge of HR preferred. 11. Caroenter Knowledge and skills in carpentry work at the entry level in the construction and finish work including materials, methods and techniques. Maintenance and repair of city facilities. 12. Electrician Master Electrician's certification, prior experience with drawings and reading blueprints, design an installation of electrical systems. Skilled work at the entry level as an electrician in the construction, maintenance and repair of city facilities. RFP NO. 37-04/05 DATE: 813/05 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: 813/05 32 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.mlamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 August 24,2005 ADDENDUM NO.1 Request for Proposals (RFP) #37-04/05 FOR TEMPORARY PERSONNEL SERVICES The following additional information as a result of inquiries from individuals is hereby forwarded: 1) The due date for the submission of Proposals has been extended to Tuesdav. SeDtember 6. 2005 at 3:00 Dm Eastern Time. 2) A breakdown of the hourly rates that were submitted under City of Miami Beach Invitation to Bid No. 55-00/01 In September 2001 Is attached. Not all of these agencies are currently providing services to the City. 3) Questions and Answers: Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the past year? Can this be broken out by office work vs. outdoorltradesman/manual labor? Answer #1: In round numbers, the City paid approximately the following dollar values to temporary personnel agencies: FY2005 FY2004 FY2003 $1.1 million $1.3 million $1.2 million There exists no specific breakdown of the number of temporary employees that the City utilized or currently utilizes, that can be provided in a report format. It is estimated that at about 50% of the City's expenditures to temporary personnel agencies have been for office work; and about 50% have been for outdoorltradesmanlmanuallabor 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, anCl 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 intemational criminal check. It is also mandatory to screen to see whether the person is a registered sexual predator. Question #3: VVhat is the City looking for in a background check? Answer #3: We are looking for any crimes that the person may have committed. We look at the disposition and look for a disposition of "guilty". If the disposition is adjudication withheld, or if the person pled nolo contendere, then we will consider the nature of the crime, when it was committed, and the overall picture. We look for things like violent crimes, Le. domestic violence, crimes of a sexual nature, etc. Some of these individuals may be working with or around children, and so we need to be mindful of the children's safety. We also look for crimes involving perjury or falsification of documentation or information. Question #4: Can you address the issue of performing background checks on foreign nationals, and the questionable feasibility of performing accurate checks in other countries? Answer #4: The only way that any international criminal background information can be obtained, is if the country in which the crime was committed has communicated this information to Interpol. (Interpol is like a clearing house which logs criminal information about people from other countries. This is usually done only by countries that have a relationship with Interpol. It is not possible to verify the accuracy of any of the information that Interpol receives.) If Interpol has received any information, they would communicate this to the United States via the F.B.1. Thus, a nationwide check would reveal such information. Question #5: VVhat type of drug testing must be performed on all temporary personnel prior to assignment to the City? Answer #5: A five panel test, which must have negative results, consisting of the following: Initial Test Level GSIMS Confirm Test Level Amphetamines Cocaine Metabolites Marijuana Metabolites Opiates Phencyclidine 1000 ng/mL 300 nglmL 50 nglmL 2000 nglmL 25 nglmL 500 ng/mL 150 ng/mL 15 ng/mL 2000 ng/mL 25 ng/mL Addendum #1, 8/24/05 RFP 37-04/05 Temporary Personnel 2 Question #6: Will City parking passes be made available to the temporary personnel? Answer #6: Yes, upon assignment, the department utilizing the services will address this with the temporary employee. Question #7: If the agency provides additional services that are not requested in this RFP, can the agency list them and provide rates? 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I ftj fR i Q. a:: fj S ! 8 fI) ~ ~ i ::>> w !! ::i u w ~ ~ ... .,... 8 o .n It) m t:: w o ~ w C/) ..J W Z Z o C/) ~ w a.. ~ ~ o Q.. ::E w t- .... ~ Z J: o W t- It) '0 It) ~ 0 a: 0 ::>> ~ (.) w C/) UJ a:: ::>> ~ 0 0 ~ Ii :E C) (.) z ~ 52 a:: ~ ~ z w 0 w 0 z ! c:; Z w Z 0 ~ Q 0 l- Ei !!1 z ~ ~ I ~~~ 8 _00 z~8: ,...: a ::>> ~ WzCl) Ii t- 2 I Q. .~~ i 8 00 g ~~ or; ~ z frl~ :z: .... u ~ ~~ fa g -0 ~~ a Ow WJ: .... D ~ :.:: ... I a:: 0 -.... 8 Zw ~Gi u; x.... ~ Z ~ ::>> ~ .... w :IE Gi ~ ..J Q C Q E an ~ ~ 2:S x Z z :::) ::>> w ~ I ~ ... . RFP No. 37-04/05 Date: 9/G/05 Deanna Enterprises Ine d/b/a AlA Employment of Miami 3050 Biscayne Boulevard, Suite 100 Miami, Florida 33137 City of Miami Beach Request for Proposals (RFP) NO. 37-04/05 For Temporary Personnel Services City of Miami Beach Procurement Division 1700 Convention Center Drive. Third Floor Miami Beach. FL 33139 Table of Contents Section I ~ Proposal Points to Address: Introduction Letter Pagels 2 Acknowledgement of Capabilities Pagels 3 To Provide Services Experience Pagels 4 Ability to Satisfy RFP Requirements Pagels 5-6 Screening, interviewing, testing & Training Process Pagels 7-9 Client References Pagels 10-11 Section II Fee Proposal Section III Acknowledgement of Addenda Section IV Documents Required by RFP Introduction Letter: AlA Employment of Miami, (AlA) is grateful for the opportunity to submit a proposal to continue to provide personnel to the City of Miami Beach. The AlA spirit, ability, and commitment to provide, uncompromising service too many corporations and municipal offices throughout the South Florida market is illustrated by the accomplishments during the servicing of these clients. Our goals if awarded the City of Miami Beach contract are, to meet or exceed specifications; ensure effective operation of a professional and efficient operation. > We are very proud of being one of the oldest Minority Business Enterprise (MBE) in the State. Proof of our success in initial support and management of large personnel service contracts as well as our unique expertise in staffing has been demonstrated in our partnering with Barton Protective Service in the operation of the Florida Toll plazas. As well as with our current contracts with the State of Florida, Miami-Dade County, City of Miami, City of Dania Beach, Florida Atlantic University, City of Miramar and Jackson Memorial Hospital/Public Health Trust. The Corporate Office of A 1 A is located at 3050 Biscayne Boulevard. This location would be easily accessible to City of Miami Beach citizens that may be interested in assignments within their municipality. AlA is focused on excellence and we believe that providing quality solutions will help us exceed our customer' s ~xpectation. Because our staff is focused on meeting customer needs, AlA utilizes skill.search, a comprehensive database to provide us with the ability to access hundreds of skilled employees. We are committed to making our customers our first priority. To do this, we will strive to fully understand our customer's needs, then it is a natural outgrowth of our expertise in successfully selecting, testing, screening and placing qualified personnel in the many businesses we have across the State. We have the expertise, business structure, and management to excel in managing contract staffing operations. To ensure our customers total satisfaction we will provide our staffed employees with the tools and training needed to develop each one to "get it right the first time, on time, every time". Our commitment to excellence and the improvement of customer satisfaction is not an end objective, but a never-ending journey to ensure our success. 2 I I I I I I I I I I I I I I I I Acknowledgement of Capabilities to Provide Services: AlA has provided, and continues to provide, customers with quality services for a variety of staffing projects. Our broad experience ranges from servicing large scale, long-tern, and technical projects to single employee, short-term assignments as well as employee payment services for out sourced employees. Our long successful track record of providing customers w~th high ~uali~ staffing. solutions is evidence of our ability to meet the changing demands III today s busmess enVIronments. Proof of our success in initial support and management of large personnel service contracts as well as our unique expertise in staffing has been demonstrated our partnering with Barton Protective Service in the operation of the Florida Toll plazas. This contract entails providing staffing and other employee services to remote locations throughout Florida, employees assigned to Barton are provided benefits. This entails everything from the maintaining of time accrued to insurance premium deductions for qualifying employees. Currently we service many clients with similar scopes of service as indicated in this RFP City of Miramar, City of Miami, Hillsborough Sheriffs Office, Miami Dade County, Florida Atlantic University, Florida Department of Transportation and State of Florida. Many of which we are providing as client references. I...... I 3 Experience: Incorporated in 1980, AlA has been headed by Mrs. Veldrin D. Freemon. The success of AlA Employment rests on the shoulders of the following key personnel: Veldrin D. Freemon, President and CEO . Relevant Experience . Thirty-six years within the staffing industry excelling from the entry level rank of placement clerk to the President and Owner of AlA Employment of Miami. . Expanded the company from being a primary hospitality/domestic local employment agency to a diversified entity servicing clients throughout the state of Florida as well as internationally at multiple placement levels such as unskilled/skilled light industrial, clerical, specialists as well as executive. . Extended services of A I A Employment of Miami to address civic needs by becoming a service provider for SFETC/TEC later renamed South Florida Workforce providing social services to the Adults, Dislocated Worker and Welfare transition population, and further broadening services to address economically disadvantaged and at risk youth population by operating the Youth Opportunity Center. . Professional Experience . 1978 - Present AlA Employment Of Miami . President / Owner . CEO overseeing all phases of the companies operation and growth. . Directly responsible for company's expansion through out the State of Florida, Nationally and Internationally. . Responsible for the leadership and execution of operational, financial, business development, administrative, and customer support functions. . Accountable for profitability standards within the company, employee morale, and overall operations of the company. . 1992 - 2004 AlA Training & Employment, Service Provider for SFETC/TEC - South Florida Workforce . Executive Director . As Director overseeing all facets from program budgets to daily operations in accordance with Federal, State, and Local performance standards providing social services to adult disadvantaged population. . 2001- 2004 AlA Youth Opportunity Center . Executive Director . As Director overseeing all facets of the programmatic operational and fiscal functions ensuring prescribed policies, procedures and activities are carried out in accordance with Federal, State, and Local performance standards for youth service~ programs. Garrie Harris, COO . Relevant Experience · More than fourteen years within staffing industry at executive management level · Direct experience in all facets of operations within a large volume staffing finn from OSHA regulations to workers compensation compliance. · Responsible for entire Florida market overall sales, new and existing clients. · Responsible for direct supervision on a staff of 28 and more than 2000 contract employees · Demonstrate planning skills with ability to coordinate scheduling to ensure proficient productions · Strong HRJpersonnel skills able to create successful team environments by clearly defining objectives, measurable results and providing professional development training. 4 Ability to Satisfy RFP Requirements: As indicated within the scope of services AlA is able to provide Temporary Personnel Services on an "as needed basis" as specified within RFP No. 37-04/05. AlA will agree to maintain the same terms and conditions of the contract if approved by the Mayor and City Commission and will honor extensions granted at the City's sole discretion. AlA will ensure that all individuals assigned to the City of Miami Beach earn a minimum of $9.81 an hour without health benefits; we currently honor the similar conditions to clients such as Miami-Dade County with a living wage of $10.99. The hourly'rates offered in this proposal shall remain fixed and firm during the term of the contract if awarded with the willingness to negotiate based on Consumer Price Index-Urban Areas (CPI-V) or Living Wage Ordinance rate increase. All invoices forwarded, if awarded, will provide all information as requested by the City of Miami Beach: 1. Purchase Order number issued by the City's Procurement Division 2. Location of temporary services performed 3. Full name of individual performing the service 4. Job classification 5. Number of hours worked, by date Contracts we currently service require the aforementioned information and more, such as the State of Florida contract. AlA will require temporary personnel assigned to working events with the general public to wear a uniform with AlA's logo as requested by the City of Miami Beach. In the event that the City elects to employ a temporary employee provided by AlA there shall not be an additional charge assessed. If awarded AlA will invoice as stated within the scope of services a hourly rate times the number of hours worked. Overtime will be considered after 40 hours per week adhering to the Fair Labor Standards Act. The hourly rate quoted will include all overhead, profit and benefit costs to AlA including employee's hourly rate which will be in accordance to the City's Living Wage Ordinance. AlA Employment would mutually agree with the City's representative(s) on the job description, minimum qualifications, duties and responsibilities for each position as needed. AlA will honor the City's option to request more than one person at a time for any specific assignment to interview and select the best candidate for that specific assignment at no cost to the City. AlA currently has a relationship with the One-Stop Career Center located at 833 6TH Street, Miami Beach Florida 33139. We have and will certainly continue to assist the citizens of Miami Beach in their search to secure gainful employment for the unemployed and under employed. 5 In the event that any AlA personnel are deemed by the City as unqualified for any specific assignment, we honor the right of the City to return such employee at no cost to the City. AlA will ensure as required in thescope of services that any temporary personnel that the City has to work on an observed holiday is compensated at an overtime rate. As with existing municipal and state contracts AlA recognizes that all employees assigned to the city are and will at all times be the sole responsibility of A 1 A and not an employee or agent of the City. All personnel provided will be competent and physically capable of performing their duties. AlA will remove any employee the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on the City's property is not in the best interest of the City. Each employee will have and wear proper identification. AlA personnel utilized will be notified that they will be provided with and shall follow all policies and procedures of the City. A 1 A will take responsible for screening, interviewing, testing and training as indicated in the scope of services. Our process will ensure the following: 1. Those in-depth interviews that includes job preferences, experience, goals, interests, attitudes, motivation and other work-related attributes. 2. Job-related tests to include typing and communication skills. 3. Background checks include drug testing, criminal checks, and credit history (for positions that may require the handling of City funds) 4. Verification that their employees are not convicted sex offenders. 5. Training employees on the City's Service Excellence program A 1 A would honor any request by the City to perform audit investigations of the payroll and related records of A 1 A personnel assigned to the City to ascertain that such employees' records indicated payment received for the specific hours worked for the City pursuant to the Living Wage requirements. We are experienced with providing personnel for every position indicated within the scope of services. Our current contract with the State of Florida requires the servicing of forty positions at various levels from Laborers to Chemists. 6 Screening, Interviewing, Testing and Training Process: Our recruiting ideology is to attract quality applicants. The goal of our recruitment & placement efforts is to provide Contract~ Personnel that our clients will request to become a pennanent member of their staff. We have proven to be very innovative with our techniques to accomplish this task. This ensures that we provide full-time and part-time contract personnel capable of providing the requested services of our clients. A successful selection process for the placement of personnel should take into account both the client's needs as well as the needs of the contract personnel; utilizing the long tenn desires of both as mitigating factors. Given our recruiting expertise, we have the ability to organize and execute custom recruiting projects for specialized personnel for client needs. Evident of this are the successful placements of contracted personnel under challenging contracts such as Florida Atlantic University, where job orders range from computer programmers to mail clerks. The recruiting efforts of AlA Employment of Miami are lead by the Regional Recruiter, results are a corporate accomplishment, and every employee recognizes the importance of recruiting quality applicants. A minimum of 1.5% of annual sales is dedicated to recruiting. This allows ample funding for, but not limited to, the following tactics: · Brochures & Flyer Distribution · Chamber of Commerce Promotions · Community Employment Guides/Publication Advertising · Employee Referral Programs · Internet Resume Search Sites · Job Fairs · Local Bulletin Board Posting · Networking with Churches · Networking with local Community Centers · Newspaper Advertising · University/Technical School Recruitment Seminars · Website (www.alaemployment.com) · Yellow Pages As a result of the increased power of the Internet, we have upgraded our office technology to increase cyberspace-recruiting success. We ~aintain and update on a regular basis demographic and tracking information for star candIdates. As well as document all recruitment effort results. In the 'melting pot' that S~~th Florida has become it is vital to remain knowledgeable of market changes. AlA UtI~lzes this information in every aspect from recruiting to the actual filling of job orders. ThIS :esults in enhanced performance of candidates comfortable and capable of handling a vanety of issues that can result from the dynamics of a particular market. 7 I The assessment of AlA applicants begin when candidates enters our offices. More than expected anxiety or unfriendly exchanges although considered subjective, can really add to the final summation of the worthiness of a candidate. Applicants skills are assessed by"'@Prove it" evaluation software. This software evaluates not only basic clerical skills but also specialized skill sets. Specific industry related, technical skills are assessed as ~ell as basic math and grammar. This allows for better gauging of proficiency of potential candidates. AlA Consultants governs scoring and are accountable for accuracy and validity of evaluations. Results of assessments are maintained within candidates' personnel files. References are verified and are weighted into the assessment of candidates. Factors such as job tenure or the willingness (or lack) of a previous employer to respond have proven excellent indicators for the need of further verification or nullification of a candidate. , ! Job Order to Placement STEP 1 Job Order STEP 2 Opening and Perfecting Job Order STEP 3 Candidate Selection STEP 4 Placement STEP 5 On the Job 1:':'7_""if!;~".. - i~':;.-._", '" ,'. " '._.,....'__ .. Details of assignment taken are by placement consultant. Pertinent information from the site, date and length of the assignment to job description. Existing contracts have preset job orders limiting the amount of time the client spends placing orders, such an order would only reauire a iob title, interviewing or reportina date. Consultant opens job order after reviewing contract for pertinent information, such as specific skill sets or technical experience required. Location of assignment is reviewed not only for proximity but also to verify demographics. Perhaps the client did not request a bilingual candidate but the job order is within a market heavily populated with a second language, the order would be opened with a second language. Our goal is not to provide personnel that meet the expectation of the client but to exceed the expectation. Specifics of the job order entered into Temp Tools program tfiat retrieves all candidates qualified for the position. Because feedback from clients for everY placement is documented in personnel files, personnel previously assigned to client are targeted first. It benefits our client to provide personnel acclimated to their work environment and system. All candidates that surpass 'perfected' job order qualifications are contacted for availability. After availability and interest of candidates are confirmed; resumes (or in the case of laborers experience summations) are forwarded to the client for review. Also provided are briefings as to why the A 1 A Consultant feels the candidates are best suited for the assignment. The client either elects to either select candidates to report or interview. The goal of A1A Consultants is to provide personnel that exceed the expectation of the client while the clients spend absolutely the least amount of time possible with the entire process. Time is money to our clients. The selected candidate reports to A 1 A for orientation on the assignment. Every aspect of the assignment is covered. The candidate is provided in writing everything from location and directions to name and title of person they are reporting. The utilization of agency personnel should aid in workforce production and not hinder production; A1A actually 'modifies' placement speCifically for each client. Perhaps group timesheets are more time efficient for a client as opposed to individual; perhaps biweekly time submission would better serve the client than weekly. Modification of placement to provide the best service possible to our clients makes the orientation of personnel a priority. Never will A 1 A personnel report to an assignment with time reporting or salary questions. During this step prior to the selected candidate reporting all screenings are verified, criminal background, drug testing etc. Also during this step Purchase Order information is verified. this is an important step when handling job orders for the government municipalities. There are times when job orders are called in by municipal department managers for the first time and they are not completely sure of the correct procedure, A1A personnel will ensure that prior to reporting all required orocedures have been followed. The first day of assignment A1A personnel are directed to arrive 30 minutes prior to actual starting time and to contact their A 1 A Consultant. If the consultant does not receive that call the client is contacted to verify the personnel's reporting. At the end of the first day clients are contacted bv A1A consultants in reference to their satisfaction of the Dersonnel's 8 STEP 6 Termination performance. If there are ever reason's to contact personnel messages are left on their home telephone to contact the office on their personal time. It is the responsibility of the employee NOT OUR CLIENT to have timesheets authorized and submitted. The goal of A 1 A Employment is to free our clients from all HR issues, utilizing A 1 A has to be more cost and time effective than hirin direct ersonnel. The ending of an assignment is handled by A1A Consultants. Assigned personnel are informed of duration prior to reporting and are directed to contact the A 1 A Consultant prior to leaving on the last day to verify if the assignment has been extended. In the case where our client is not overwhelmed, (we do not settle for less) by assigned personnel A1A Consultants handle every aspect of the dismissal with professionalism. It is imperative that both the client and assigned personnel are not but into comprised situations. Either the personnel will be contacted at home or the A1A consultant will come to the site, the client will be aware of how the situation will be handled. Please note that A1A Consultants' are directed to always prepare more than one candidate for placement therefore in the unfortunate event of a dismissal a backu is readil re ared and available. Drug testing is done by Quest Diagnostics Center, our test are conducted on seven panel test. We have relationships with centers throughout the State of Florida. All applicants being considered for placement are confirmed are screened for clearance from being listed on sites for Sexual Predators and FEDERAL All Background screening for pre-employment service is conducted though Screen Now a division of Choice Point National criminal file. ',:.,~i t. We currently provide the following screening: National Criminal file search (instant) ~:' r; ..... Verifying supplicate identity "" Listing alternate names used by applicant .. Listing prior know addresses ... Revealing a history of criminal records if; ... Provides for a national social security search (this system warns if any of the following condition apply, That the card may never have been issue, may have been issued to person who has been reported deceased or has been issued so recently that the number may belong to a child). ~;,. ~{ j':. '~ f.,\ ~, 9 Client References: Edwin Bemmel, Assistant Controller Florida Atlantic University 777 Glades Road Boca Raton, Florida 561-297-3110 561-297-2884 Fax ebemmel@fau.edu -/ r / .. \.../ Carlos Vi1ches, Procurement Manager City of Miramar 2300 Civil Center Place /" Miramar, Florida V 954-602-3053 954-602-3455 Fax cavil ches@ci.miramar.fl.us Rich Curran, Senior VP Barton Solutions 3511 W. Commercial Boulevard Suite 302 Fort, Lauderdale, Florida 954-485-3800 954-485-1055 Fax Rich curran@Bartonsolutions.com 1// Maria Carrballeiro, Personnel Technician Miami Dade Dept of Procurement Services 111 NW First Street 13th Floor Miami, Florida / 305-375-1530 ~,// 305-372-6099 Fax Mc5@miamidade.gov Josie Canosa, Procurement Manager JMH-Radiology Oncology 1611 NW 12th Ave Miami, Florida 305-585-8222 305-585-5950 Fax icanosa@um-imh.org \....../ ..... 10 Julianne Diaz, Asst to the Director City of Miami - Public Works 444 SW Second Avenue Miami, Florida 305-416-1260 ~ 305-416-1278 Fax iudiaz@ci.miami.fl.us .. Nathaniel Greenwich, AIR Manager Jackson Memorial Hospital 1611 N.W. 12th Avenue Miami, Florida 305-585-8551 305-585-0051 Fax ngreenwi@um-imh.org v Valerie Morrison, Budget Analyst Dept of Children & Families 401 NW 2nd Avenue Miami, Florida 305-377-5209 305-349-1467 Valerie morrison@dcf.state.fl.us v. 11 I ( I I ! ! CITY OF MIAMI BEACH A 1 A Employment of Miami P 'f B'll R t P Rt 081100 1 ae ay ae SECRETARY I 12.31 9.81 SECRETARY II/ADMIN 12.31 9.81 CLERK TYPIST 12.31 9.81 CLERK I 12.31 9.81 CLERK II 12.31 9.81 CLERK III 12.31 9.81 BOOKKEEPERJACCT CLERK II 12.31 9.81 CUSTOMER SER REP/COMPLAINT OPER. 12.31 9.81 CUSTOMER SER REP/COMMUN.OPER 12.31 9.81 PERSONNEL TECH I 12.31 9.81 CARPENTER 16.40 10.81 ELECTRICIAN 18.20 12.81 PLUMBER 18.92 13.81 SERVICE WORKER 13 ;20 10.81 AlC MECHANIC 18.92 13.81 . PAINTER 19.01 13.81 BUYER 14.62 10.81 ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04/05 . Directions: Complete Part I or Part /I, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated ()M<:r-lu;( (l/ 2 O()t~ (J } 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 ~~ .~ ~ame of Staff Member 9/.1-10 J'- I , Date /. 4/1- e 1hr/01( T1fU.I- '/; At,~ 1J/; proPdSer - Name ~ ~.#~. Signature Q /,j"s - Date' RFP NO. 37-04/05 DATE: 8/3/05 23 CITY OF MIAMI BEACH PROPOSER INFORMATION Submitted by: .. , A- 4. A- €" tvl P I~ J'lIMf- '* If,{ fa 1111 . Proposer (Entity): c.. 0 p Signature: ~ ~. f/~ Name (Typed): G Ir 1fJ-12./ G' .7. #1I-12-12-1:r. Address: 30$'0 B,oS t.a "In L BIll d. M,4mi ,~/or/~ 33137 City/State: Telephone: OOb-S73- 03~3 Fax: 30 ~ - 573-- O;;tSI It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unl s a contract has been agreed to and signed by both parties. q/a-/O.I - (Date) (A orized Signature) bt'r Je 12- J E ~ IIfI..te 12-1 (r (Printed Name) RFP NO. 37-04/05 DATE: 8/3/05 22 CITY OF MIAMI BEACH DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this ~ day of .5ep::r- ,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 ~ / . .~~ 1 SIGNATURE . G a I"rl e ../. II-~ ~ PRINTED NAME ~. O. O. TITLE (IF CORPORATION) RFP NO. 37-04/05 DATE: 8/3/05 24 CITY OF MIAMI BEACH QUESTIONNAIRE . Proposer's Name:Jl A IL ,-" f- /" A&wt · '" :.J- rr c;:. hi P 'lJlf m ~ n d ,.. I Principal Office Address: . , D J d 3t!)so BI.s(!a,Lfn~ ,~,IJ - . M IfJmj I -1= I 3:3 / 3 ? . Official Representative: ~ ~..,- _ J L- ,q f:7 J · ~JeI'U\J (Circle One) If a CorDoration, answer this: When Incorporated: I Q ~ 2.. In what State: r1 I .,-, or' a..q If a Foreian Corooration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: RFP NO. 37-04/05 DATE: 8/3/05 25 CITY OF MIAMI B~ACH 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 (., 2. Have any similar agreements held by Proposer ever been canceled? Yes C ) No CLr If yes, give details on a separate sheet. RFP NO. 37-04/05 DATE: 8/3/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed!o complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: No 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (...)- 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 (~en convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: NOn e.... RFP NO. 37-04/05 DATE: 813/05 27 CITY OF MIAMI BEACH Questionnaire (continued) B. List all ju~ments from lad its in the last five (5) years: IE. 50 c.. - .s~.u..r" . C. List any criminal violations and/or convictions of the Proposer and/or a~ of its principals: }J,I+- 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, sta~e ~ilr 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure. full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. (Use additional sheet if needed) ~/~ RFP NO. 37-04/05 DATE: 813/05 28 CITY OF MIAMI BEACH Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background in.vestigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name By: Address General Partner Print Name (CORPORATE SEAL) IF CORPORATION: A!LA- ~~/lItn-r of JIf_", I Print am of Corporation 30Sb13ts~~ftL. "BItt! By: M~~-A~~~!-~s President , Secretary Attest: RFP NO. 37-04/05 DATE: 8/3/05 29 CITY OF MIAMI BEACH ~: VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS Item TEMPORARY PERSONNEL SERVICES 3. 1. Secretary I Two years experience in secretarial and clerical work. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm. 2. Secretary II/Administrative Assistant Three years advanced experience in secretarial and clerical work including transcription, dictation and executive level experience. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi- ethnic/multi-cultural environment. Minimum 40 wpm. Clerk Tvoist Responsible and varied clerical work involving moderately complex work methods and procedures. Requires proficiencyln the use of the word processor and/or typewriter. Must type 40 correct words per minute based on dept. needs. 4. Clerk I . Must possess basic typing and computer experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. 5. Clerk II One year experience in general clerical work, possess computer software experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. RFP NO. 37-04/05 DATE: 8/3/05 30 CITY OF MIAMI BEACH 8. 9. 10. 11. 12. . . . " 6. Clerftlllc, ..... .. . . . Th~y~rexperience in skIlled tYPln~. and general. clerical work, ac?Ountlng & ~ookke~Plng. ExPEtrience 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. Bookkeeoer / Accountino <?'erk II . '. Three years experience In accounting, supplemented by course work In accounting or bookkeeping; or any equivalent combination of experience and training. Must have ability to work in a multi-ethniclmulti-cultural environment. 7. Customer Service Reos / Comolaint Ooerator . Responsible telecommunications work in the Safety communications Unit. Retrieving, evaluation, processing, modifying, and inputting information within various computerized and manual information systems. Type 30 correct wpm, effective communication skills, may include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi- cultural environment. Customer Service Reos / Communications Ooerator Entry level responsible telecommunications work in the Safety Communications Bureau. Receiving, screening and relaying information for emergency and other calls utilizing a multi- line telephone and a computer aided dispatch system or other means. Effective communication skills, may include weekends, holidays, shift work. Must speak fluent English and one other language, have ability to work in a multi-ethnic/multi-cultural environment. Personnel Technician I Complex clerical and technical work of a specialist nature. Interpretation of department operations, policies, procedures, dissemination of information, maintains records and reports, computes and compiles data; updates. Types forms, answers correspondence, prepares notices and minutes of meetings. Knowledoe of HR preferred. Caroenter Knowledge and skills in carpentry work at the entry level in the construction and finish work including materials, methods and techniques. Maintenance and repair of city facilities. Electrician Master Electrician's certification, prior experience with drawings and reading blueprints, design an installation of electrical systems. Skilled work at the entry level as an electrician in the construction, maintenance and repair of city facilities. RFP NO. 37-04/05 DATE: 8/3/05 31 CITY OF MIAMI BEACH 13. Plumber Skilled work at the journeyman level as plumber with certificate of competency as a journeyman in the plumbing trade. 14. Service Worker Advanced and responsible manual labor duties of a skilled nature. 15. NC Mechanic Skilled work at the journeyman level in the installation, maintenance and repair of air conditioning equipment, and related apparatus. 16. Painter Skilled painting work at the entry level in the construction, maintenance and repair of city facilities. 17. Buyer 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_ .\-\ \ \j c~ b - - . . ORDINANCE NO. 2001-3301 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, n..oRlDA, CREATING DIVISION 6, TO BE ENTITLED .'LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED ''PROCUREMENT'', OF CHAFfER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION", BY BSTABLISHlNG A UVlNG WAGE REQUIREMENT FOR CITY SERVICE CONTRAcrs AND ESTABLISHING A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIF'lCA nON, AND AN EFFECfIVE DATE. WHEREAS, the City of Miami Beach awards private fims conll'aClS to provide aervices for the public. Tho City also provides fiulUlCial assistance to promote economic development andjob growth. Such expenditures of public money al.o servo tho public' purpose by creating jobs. expandina the City's economic bale. and promoting economic security for all citizens; and WHEREAS, such public expenditures should be apent only with deliberate purpose to promote the creation of full-time, pennanent jobs that allow citizens to support themselveI and tboir families with dipity. Sub-poverty level waps do not serve the public purpoae. Such wages instead place an undue burden on taxpayers and the community to subsidize employers paying inadequate waps by providing their employees with social services such as health care, houaina. nutrition, and e1lClJY assistance. The City has a responsibility when spending public fundi to set a community standard that pennita full-time workers to live above the poverty line. Therefore, conttaCtors and subcontracton of City service contracts should pay their employees nothing Ie.. than the livina waae herein described; and WHEREAS, in addition to requiring livina wages for City servicea provided by private finns. the City wishes to serve as an example by providing a livinl wale to all City employees. NOW, THEREFOKE,BE IT DULY ORDAINED BY THE MAYOR AND TIlE CITY COMMISSION OF THE CITY or MIAMI BEACH, FLORIDA AS FOLLOWS: SEcnON t. That Division 6, to be entitlecl"Living Wage Requirements for City Contracts", of Article VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled .. Adminiattation" il hereby created to read as follow: 10f9 Chapter 2 ADMINlSTRATlON '" '" . Article VI. Procurement '" '" '" Division 6. Livin, WaJC Requirements for Servic~ Contracts and City Em"lo~s '" '" '" Section :2-401......... DeOnltJoDl (al "City" means the ,ovelJlment of Miami B~h or any authorized .pll. any board. 8pIlCy. cOlQlllission. de.partment. or other enti~y \)lereof. or any SUCCC$sor tjlereto. (b) "Covenld Emolo.yee" means anyone employed by the City or any Service Contractor. 81 further defined in this Divilion. either full or part time. 81 an emolovee with or without benefits or as an i~dent contras;tor. (cl "Covered Bmplo)4er" mean. the City and any and all Service Contracton. whctber contractinl directly or indirectly with the City. and subcoQtracton of a Service Contractor. (d) "Service Contractor" is any individual. business entity. CQmoration (whether for orofit or not for profit). partnenhip. limited liability colI\Pany. jDint venture. or similar business who il conductina busineu in ~ami BellCh~ or Miami Dade County. and meetl aile {1 l of the two (2) followift' criteria: (n The Service Contractor is: <a> ~ in whole or part fiWn one Clf mOle of the a'Y'. aenera(- fund: ca.,pital FOjoct finds. ~tI revenue funda. or BIt, other funds either directly or indirectly. whether by com_live bid prp_. informal biela. mauesll for poooaIL some {ann of IDIicitation.. nOJOIiation. or ap1lDmenL or any other deciliqo to ~ into a CODb'8Ct: or (b) enppd in the busine. af. or part of. a contmct to provide. a subconb'aCI to provide.. or siiJUlarly litnatAd to OIOvida.. aervicea. eitherdigK:tly or indirectly for the benefit afthe City. However. this doea not ..,Iy to contl'8Ct4 related ~mari)y to the saJe of producII or &22dL {el "CoveJed Services" are the lYDe of services purchued bv the City that lie subiect to the requiretnentl of this Division which include the fD)Jowiog: (1 l City Service Contracts Contmcta involvin, the CilY'. eJtPtJlditure of over $100.000 per year and which include the (DUowin, \Y,peI Df services: (I) food Jl1'J8I'8Iion Iq)dIQf distribution: l2} aecurity ..,lcea: (3) routine mlintenance lerVic:es lOCh 81 c:uatodial. cleanin,. computers. refuso removal. ~air. refiniahill2. and recw:1in.: 20f9 '. (4) clerical or other non.sLtgervisory office work. whether tc~liUY or pennanent; (S) tranaoortation and F1tin, services: (6) printin, and rcgroduction services: (7) landscapin,. Lawn. and or .p;cultural servic~s: and (8) P@l'~ and public p1asre maintenance (2) Should any services th81 are heint[ performed bv City Hmu)QYees at the time this ordinance il enacted he aolicited in the future bv the City to be nerformed b'( , Service Contractor. s~h JeO!;ces IhaU be Covered Services subiect to thiB Qivilign. SECrlON 2-408. ReI,Pl." LIVING WAGE (I) LA.... W.. ~Jd. (1) Senke CoDtnetonr AD Service Contractors. 88 defined by this Division. c:nterin, into a contract with m~ City of Miami Beach shall Day to all i~ employees who provide scrvicel covered by thia Division. a livin, waae of no leaa ~an $8.S6 an hour with health benefits. or a livin, woe of not leas than $9.81 JUt hour without health ben~fitl. II described in this Sectioql (2) City EmDIOftIL Por Ci'Y _loyces under the City DIU' plan. the City will be"" to pay a liyinR WaRe conlisrent with the Roala and termJ of thil Division on phase-in buia bQpnnine in the 200 1-2002 City budpt year. ~n~.A.ill' on an annual basil incrementally so that the Livin, Wqe il fully inwJeJl)C3)ted for Ci,y eIIlPIQ~ in the 2003-2004 City budpt year as m~ b$: a4juated pursuant to aubaection (e) help",. 1'bereafter. the Li1lirur WlUle to be D8id by the Citv to ita elftnloWlM llhall not be subiect to the annual indexing uanl! 1M Conaurnq- Prigp TnM. fCJ' all UttJ8n eonaulftllln. (CPt-In reauiiM ullder .u~ti~ (C;) below and inafp.A~ thall be lubi~ to neszotiations within the co)lec~ve blU'Raininsz Sln1ctul'e. (b) Health Benell... Por. Covered BlIlPlover 01" the Gtv to complv with the !ivAnl w~ae provision by choosin, to pay the lower wqe scale available when a Covered BanplQF also PtOvidea health benefits. such health benefits shall consist of pavment of at leut SI.2S per ... towmda the provision of health care beneft,. for Covcnd Employees and their clegendenu. If the health ,*,efits plan of the Covered Blnnlover or the Citv reauiru an initial period of elllDIQYmmlt for a new employee to be elhdble for health benefifl (olip~iIi(y RlJiod) such Covered EmplQyeF or City m~ gualifv to ~ the sa.Sf) per hour waF acaIe durin, the new eIl\P~'s initial eligibilitY period provitWf the new ~lovee wilJ be paid health benefits upon colIQ)letion of the ~Iipbili" period. Proof of the DJ'Qyision of heOJIh benefits must be su~itted to the awarding authority to quali(y for the wap rate for emplQyeeR with health betWi~ eel IndMrlIll.. The liviD. waac wUJ be auto~ca1lv indexed each year usin, Ihe Consumer Price Index for all Urban Consumen (CPr-In unle.. the City Commission determines it would Il9t be fiscally sound to implement the CPI-U in a particular year. 30f9 (d) Certlfteatlon Reaulred Before PaYJDeDt. Any and all contr8cts for Covered Services shall be void. and no funds may be released. unless prior to enterina any 88J'C'Cment with the aty for a Covered Services contract the eDlPloyer certifies to the Chy tm-it wiJJ DO.Y each of ita emplo)'eCS no less than the livin, w. defCribed in Section 2-408 (a). A cOj)y of this certificate must be made available to the public Upon J'eQUClt. The c~rtificate. at a minimum. must include the followins: (1) the name. Address. and mane number of the cIt\Plover. a local contact person. and the ~ific orqject for which the Covered Services contract is sou,tlt: (2) the amount of the Covered Services contnct and the City ~partment the contract wUl serve: (3) a brief descriotion of the pl'Qiect or service provided: (4) a statement of the ~~ levels for all emolovees: and (5) a cQmmitment to pay all enQoycea a livin, w~n. as defined by D8I'8RI'8Dh Section 2-408 (a). ie} ObIervatlon 01 Other La... Every Covered Emolovee shall be Daid notle.1 than biweeklv. and without subsequent deduction or rebate on any account (exceot 81 such oavroll deductions 88 are directed or pcnnitted by law or by a coUective barpiniof ...-menU. The Covered Employer shall pay Covered Bn\pIoyees walle rates in accordance with federal and all other aoolicable Jaws such as overtime and limilar wap: lmL en PMlIn,_ A copv of the livin, wue rate shall be kept posted ~y the Covered EmDlo)'Cl at the lite of the work in a prominent place WhCR it can eaily be aoen and read by the Covered Bm,plQWCI and shall be ....led to the -.plop within a reuonabIe time after a request to do 80. Pollina requirements will not be required where the Covered EmploYer Drinllthe followin2 staternenll on the (mnl of Ihe CovlRd 8q)lo",.s tint paycha:k and evmy six months theJeafter: "Vou are requiral by O\yofMiami Beach law to be paid at leal S8.56 doll81'S an hour. 1f)OU are not paid this hourIv rate.. cont8cl YOUr ernplO)'<<. an att~y. or the City of Miami 8eId1.u All notices will be printed in BntJish. Spanish. and Creole. . I,) CollectIve B8....lnbur.. Nothina: in this Division shall be mad to req,llire or authorize any Covered BlI\P10yer to reduce w-... set by a coIlecUve barpinin, a,reement or are reauired under any prevailin, wllJO law. 40f9 SECTION 2-409. Res8PMd IMPLEMENTATION (al Procurement SDedftcattons. The livinR wa~ shall be reauired in the DI'OCurement specifications for all City service contracts for Covered Services on which bids or DrQposals shall be solicited on or after the effective date of this Division. The DI'OCurement aoccificationa for awlicable Covered Services contracts shall include a reauirement that Service Contractors and their subcontracton agree to produce all documents and records relatin, to payroll and compliance with this Division uoon reouest from the City. All Cove~ Service contracts awarded subsequent to the date when thil Division becomes effective. shall be subiect to the reouircments of this Division. ~) InfQ....tlon D"trlbu~, All requests for bids or recluells for uroposals for Covered Services contracts of $100.000 or more shall include aoproDriate infonnation about the requirements of this Division. (c) Malntenmee otPayroU Rec:ordt. P~h Covered Bmolover shall maintain DBvrolls for all Covered ~ and basic records rel.n, themo and shall preserve them for a period of three. (]) vean or the tenD of t~ Covered Services contract. whichever is 2I'Cater. The recorda shall contain: (I) the name and Atftl~ of each Covered Employee: (2) the iob title and cluliflcation: (3l the number of hours worked each day: (4) the IfOIs wa,es euned and deductions made: (.5) annual wapi paid: (6) a cQJ)v of the lOCi.1 security returns and evidence of DaVlDCnt Ihereof: (7) a record of mnRe benefit payments including; contributions to agproved plana: and (8) any 9ther data or infonnation this Division s~ld reqJJiIe from time to lime. Cd) ReDordDR Pavroll. Everv six (61 months. the Covered BmDlover Man file with the Procurement Di1'P.clnr a Mmnle~ navroll ahowinllr the Covered ~lover'l Dlwoll I'IlB'V'lh. for each COyeR!ld EmDIowe worIdnR on the conlnlCtlsl ror CoylH'lld SmYicM for one Dlvmll oeriod. UDOIl raJuest from the City. the Coyered ~0)W shall produce for inlfP'lCtion and CC)pyin. its D&vroU R'JCOrds for any or all of i'l Covered P.q)Iowa (or lilY oeriod coveRd bv the Covered Service contract. The Citv mav examine DaYl'Oll ftlCOfds ulV'lNlfo.,d to ensure comoliance. SECTION 2-410. ........ COMPLIANCE AND ~ORCEMENT. eal Senlce CoIItndor to Coooerate. The Service Cofttractor shall oermit City emolovees.. _pm... or ~l'CICmtatJves to observe work heint! performed at. in or on the proiect or matter for which the Service Contractor has a contract. The City ro,presentatiyCI may examine the boob and recorda of the Service Conrractor mldn, to the emDlovment and ,..yroll to determine if the Service Contractor is in comDliance with the orovisions of this Division. 'of9 . . {bl Cemalalnt PropdUI'eI anel SanetloDs, (I) An emoloyee who believes that this Division ao,pties or Iq)Dlied to him or her and that the Service Contractor. or the Citv. i8 or WII not conu>>tyin, with the requirements of this Division has a rifht to file a cODlPlaint with the Procu~mep, Di.tor of the City. Complain~ QY cmpJo~s of alte,ed violations may be made . any tiDlC ond shaJJ be investiptcd wit1)io tbitt,}' (30) ~ ~y the City. Written and oral statements by an employee shall ~ treated as confidential anfA shall not be disclosed wjlhout the written consent of tbe euwloyee to ~e extent ~Jowed bv the Florida Swute&. (2) AnY indivin~J.1 or end'Y "Y also file a COIJUllaint with the Procurement Director of the City on behalf of an emplovee for jnvestiption by the City. (3) It shall ~ the responsibility of the City to inveati...tI! all allcptions of violations of thia Division within thirty (30) ~ If. at any time. the Ci\)'. ..pon inveaUaalion determines that a violation of this Division has occumd. it shall. within ten llO} workin, dlya of a {indin, of non-comoliance. issue a notice of corrective action to the employer ~ifyin, Jll areas of non-comoliance and deadlines for IeIOlutions of the identified violations. If a Service COntractor faila to cOIllP!y with any notice iSlI~. the Ci\)' ManaJC1' or the City Man...', dc:lipee ~ wsaue 8Jl order in wtitinR to the Service Contractor. by ccrtjfied mail or hand deHverv. notifvinJ the Service Contractor to ~ at an administrative hearinV before the City Man.,er or the City Man.Ref'S desienee to be held at a time to be fixed in such order. which date ~I be not less than five (S) days after service thereof. (4) The ProceediQ'f ahall be inform,l. but .hBlI afford t,be Servjcc Contractor the riahl to testify in the Service Contractor', own defense. preJOnt witnesses. be I1lDIeIented ~v counsel. submit re~vant evidence. CI'088 examine witnclSel and object to evidence. is} The proceedin.. llhall be recorded and minutes keot by the City. Any Service Contnctor feQw(inR verbatim minutes for iudicial ~view ..y trf8D,e for the lCrVices of a coun renorter at the ex.oense of the Service ~tn.ctor. (6) Within ten (10) ~ of the cloae or the hcarinlL the City M~Jer or the City MAnAr', deaipaee shall render .. decision in wrifjD, derennipin, whether or no1 the Service Contractor i. in COII\PIi8DCD. or whether other action -"ol&ld be taken. or whether the matter should be continued. as the cue may be. and atmnS! the (eIlODS and findinp or fact. m The City Man... or the City Man..... ctuiimee shall file findina with the City C1erk.. shall send a true and COMet cog)' of bis order by certified mail. return receipt reg_sled. or by han4 dc1iveJy. to the business addres. u the Service Cgntractor shall clesilJ18lc in wri~n,. (8) The City Manuer's or desipee's fiodin.. IhaII constitute the fipal administrative action of the at)' for puroosea of iudicial review under state law. 60f9 (9) If s Service Contractor fails to seek timelv appellate review of an order of the City Manuer Qf the City Mana@er's desianee. or to comply timelv with such order. the City may DUIlSUC the enforcement of sanctions set forth in Section 2- 410 (c). eel Prlvab! ,Ighi of Action Anlut Senlce ~Dtrador Any Covered BmDlovee of or fqrmm' Covered Rmnlovee of a Service Contractor may. instead of udliziusl the City administrative DI'OCedure set forth in this DiviBion. but not in addition to such orocedure. brinll an action bv minst suit A..ainlt the Co\(ered Emnlovel' in anv court of comoetent iurildiclion to enforce the nrovisions of dUB Divilion and mav be aWSlntNt back nay. benefits. attornev's feel_ and COltS. The aQ91icable Itatute of limitations for Iuc:h a claim will be two (2\ 'VI!8n U nmvidM in Florida Statutes Section 9S.11(4)(c) for an action for navment of WUM. The court mav aim imnose sanctions on the Service Conb'aClor. includinst those DeI'IIOM or entities aidinll or abeuinll the Service Contractor. to include walle restitution to the affected CoveJed Bmolovee and d~Re. oavable to the COyered EmnlQvee in the sum of un to $SOO for each week each Service Conlr8Ctor is found to have viO'Ar..n this Division. Cd) SandIoDI A_oat Service CODtraeton. For violations of this Division. the Citv shall sanction a Service Contractor bv ~uirin, the Service Contractor to pay waF tatitution at the Clllployers e~pense for each affected emplovec and may access the followin~: (1) The City may impose damuM in the sum of 5500 for each week for each emolovee found to have not been paid in accordance with this Division; andlor (2~ The City ma~usoend or terminate oavmenr under the CQvered Services contract or terminate the contract with the Service Contractor: andlor (3) The City m'Y declare the CJJU)loyer ineliaible for future service contracts for three (3) yean or until all oenalties and restitution have been paid in full. whichev~ is longer. In addition. all ernoloven shall be inelipble under this section where princilJ~ officers of the eltlPJoyer w~ principal officen of an ell\plQY'r who violated this Division. ee) Public Record of SanetleDI. All such sanctioJ}. recommended or imoosed shall be a matteI' of public record. en ~.... for Aldlae and AbeWDt!. The sanctions in Section 2-410 ec) shall also aODly to allY party or 98J1ies aidin, and sherlin, in any violation of thil Division. (,) R.-.lallon aad DIscrimination Barred. A Covered BmolovCf shall not dischlU'2.e. reduce the conwensation. or otherwise discriminate apinat .,.y Covered Bmolovee for mAki.., . coft\Plaint to the City. or otherwiac ulCltin, his or her rillhtl under this Divilion. participatin, in any of itl proceedinp or usiDl any civil remedies to enforce his or her rilJhts under this Division. Allesr8tiona of retaliation or dillCrimination. if found true in a proceedin, under paragraph (b) or by a court of competent iurilldiction under para....h (c). shall Msult in an order of restitution and reinstatement of a dischanlCd Covered Blnplovec with back ~y to the date of the violation or such other relief as deemed aoolOoriate. 70f9 : (h) Enfol'eement Pow... If necessary for the enforcement of this Division. the Citv '~"'III.'1.. Commission may issue sub.poenas. co1'flpc1 the attendance and testimony of witnOllea and oroduction of books. DaoeJ'I. recorda. and documents rel.tin, to pavroll MCords necessary for hearinR. inveati,ations. and omceedinp. In cue of disobedience of the lub,poenL the City Attorney may awly to a court of comoetent jurisdiction for an order requirin2 the attendance and testimony of witneues and production of books. ~n. recorda. and documents. Said c~rt. in the case of the refu,al to o~y such lubgoena. after notice to the pellon sutJ,poenaed. and upon findinJ that the attendance or testimony of such witnesses of the production of such books. D_"II. records. and documents. u the C8Ie mlU' be. is relevant or necessary for such hearin,s. investiptions. or proceedin,s. may iaue an order requirin2 the attendance or testimony of such wilneasea or the production of such documents and anv violation of the court's order ~y be punishable by the court as contanpt theJeof. (j) ReIIIecU. Benin Non.Exdulve. No rmnedv set forth in this Division il intended to be exclusive or a prerequisite for aasertin, I claim for relief to enfOlq' the dlhts under this Division in a court of law. This Division shall not be constn1ed to limit an ~Iovce's right to brinK a common law cause of8ction for wronafuJ termination. SECI'ION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same arc hereby repealed. SECTION3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It i. the intention of the Mayor and City Commillion of the City of Miami Beach. and it is b~by ordained that the provisions of this Ordinance shall become and be made a part of the Code qr the City of Miami Beach, Florida. The sections of this Ordinance may be returned. 80f9 SECTION 5. EFFECTIVE DA TEt This Ordinance shall take effect on the 28tb day of Aprl1 , 2001. PASSED and ADOPrED this..!!!!!.. day of April, 2001. A TrEST: JJii2 MAYOR J41u.J' f1cL ~ CITY CLERK bt reading 2nd AlIding XX Ordinance No. 2001-3301 APPROVED AS TO FORM &LANOUAOB "FOR BXECU110N r-~'- --....---.......--- 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 6, ENTITLED "L1VING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"jBY AMENDING SECTION 2-408(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "EUGIBILlTY PERIOD", 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, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City award, contracts to private firms to provide serVices for the public and also provides financial assistance to promote economic development and job growth: and WHEREAS, such expenditures of pUblic money also serve a public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens: and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time. permanent jobs that aHow 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 theirempioyees with social services such as health care. housing, nutrition, and energy assistance; and WHEREAS. the City has 8 responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line. and therefore, contractors and subcontractors of City service contracts must pay their employees nothing less than the living wage herein described; and WHEREAS, in addition to requiring living wages for City services provided by private firms. the City wishes to serve as an example by providing a living wage to all City em~n. . NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT OF CITY CODE That Section 2-408(b), entitled "Health Benefits., of Division 6, entitled "living Wage Requirements for Service Contracts and City Employees", of Article VI, entilled "Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is hereby amended to read as follows: Chapter 2 ADMINISTRATION .. .. .. Article VI. Procurement .. .. .. Division 6. LiVing Wage Requirements for Service Contracts and City Employees .. .. .. - - 8EcnON 2-408. LIVING WAGE . . . (It) W..lth a'Relle. For a Cet.wed EMpleyer or the City te &empty wilh the liviAII V'Jf:lle pf8t:isieA 9y sheosiRg to pay 'he lewer 'nage seale aveUable wheA a Ceveres iMpleyer aleo pAWIdes ~ealth beAds, suGh ~ealth BeAefits s~all _A.llt sf p&yllleM sf al least $1.21 per hewr tevlfJR:I. *e pFe'JisleA 9f health 88M beAeIIIs fer C8\'sred IiMpteyee. SAd U:1eir depeAElents. If the heallA beRRIs plaA 9ftAe CWl8re( am".r or Ite City ,.."wiF8S SA IAllial peRed sf empleyfRent fer a R8\\' empleyee te 8' eligible fer health Bene. (eliglbll~ peRed) .ush Ceve," limpleyer er Clay may "ual~ te pay the $8.1& per heur tlMlle leale duFlAg the Aevl emp.e'l eligibility peR,", plVWieEI the A8V/ empleyee \"AlIlJe paid "ealth seRe. ..peA GempletleA sf the el.~1I11y peFied. Preef ef the pNWsieA ef health B8Aefil8 m.,.t be submitted te IAe al,,4Ji8N1R18U"'8FIIy te ,,_11y fer the -nage rate fer eMployee. V'Jith health beAe'.. lb} He. Benefits: ellalblltv Derlod. For a Covered EmDlover or the CIlv to comDlv with the IlvInD waDe Drovlsion bv chooslna to DaV the lower waae scale available when a Covered EmDlover also Drovides health benefits. such health benefits shall consist of paYment of at least 51.25 Def hour toward the provision of health benefits for Covered Emoloveett and their deDendents. If the health benefits olan of the Covered EmDlover or the CitY l'8Quints an initial oerlod of emDlovment for a new emDlovee to be ellaible for health benefits (ellai~lIIty period) the Ilvina waae Drovislon shan be comDlied with as follows durina the eliGibilItY oertod: (1) Provided the new emplovee wi be DaJd heallh benefits UDon the comDietion of the ellalblltv Deriod. a Covered EmDlover or the CItY mav onlY aualify to DaY the $8.56 per hour waae scale for 8 term not to exceed the first ninety (JK)) deys of the new emDlovee's elIGibility cerlod. said term commenclna on the emDlovee's date of hire. (2) If the Covered EmDlover's or the City's eliaiblllW oerlod exceeds the ninety (90) day term Drovided In subsection l1l 8~, then the Covered Emplover or the City. commencing on the ninety first (91 1 dav of the new emDlovee's eligibility Derlod. must commence to Dava living wace of not less than 59.81 an hour. Proof of the Drovision of health benefits must be submitted to the awardina authority to ~uallfv for the waae rate for emDlovees with health benefits. SECTION 2. REPEALER. All ordinances or partl of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection. clause, or proviSion of this Ordinance Is held invalid. the remainder shall not be affected by such Invalidity. SECTION 4. CODIFICATION. It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it Is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be retumed. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th day of , 2003. ATTEST: MAYOR ~~ f /A.tflU" CITY CLERK ......~.... 1st reading 2nd reading ",~Atl1O POIIMaLAN8UAGI .ICIIIDICUIION TMGENOA~gul.r\l.lvIng Wage Prob Per 04 03 ard.doc ~~