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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
APPLEONE EMPLOYMENT SERVICES
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 ~ day of JIWIJII1WJ, 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 APPLEONE EMPLOYMENT SERVICES
(hereinafter referred to as Contractor), a California corporation, whose address is 990
Knox Street, Torrance, California, 90502.
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.
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SECTION 2
SCOPE OF SERVICES
2.1 GENERAL
The City is entering into this Agreement for temporary personnel services, on an
"as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together
with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto,
attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the
Services). Temporary personnel are needed to cover for regular City employees who
are on vacation or leave of absence; to temporarily fill vacancies until they are
permanently filled; and to work on special projects.
2.2 MIAMI BEACH ONE-STOP CAREER CENTER
Contractor hereby agrees to utilize best efforts work with the Miami Beach One-
Stop Career Center to recruit potential employees.
2.3 SCREENING. INTERVIEWING, TESTING AND TRAINING
Contractor will be responsible for, and provide to the City, supporting
documentations for screening, interviewing, testing and training of temporary personnel,
to include:
- In depth interview that includes job preferences, experience, goals, interest, attitudes,
motivation and other work-related attributes.
- Job-related tests to include typing and communication skills.
- Background checks, to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds), all to be performed at the
same level of stringency the City uses for screening its own employees for hire.
- Verification that its employees are not convicted sex offenders.
- Training employees on the City's Service Excellence Program.
2.4 INDEPENDENT CONTRACTORS
For the purpose of this Agreement, Contractor acknowledges and agrees that any
and all temporary personnel assigned by Contractor to provide services to the City
pursuant to this Agreement shall be deemed to be independent contractors and agents
or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees. Further each personnel shall not be deemed entitled to
Florida Worker's Compensation benefits as an employee of the City, or accumulation
of sick or annual/eave.
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SECTION 3
COMPENSA TION
3.1 FEE
Contractor shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", based on the temporary personnel services provided, as needed, by the
City. The hourly rates set forth in this Agreement shall remain fixed and firm for the
duration of the Agreement, subject to negotiation based on Consumer Price Index -
Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate
increases.
3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW
Contractor acknowledges that it shall be required to compliance with the City's
Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as
same may be amended from time to time. At the commencement of this Agreement,
pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be
required to pay all employees who provide services pursuant to this Agreement, a living
wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits
for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an
hour without health benefits. Contractor's failure to comply with this provision shall be
deemed a material breach under this Agreement, under which the City may, at its sole
option, immediately terminate the Agreement, and may further subject Contractor to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as may
be amended. The most recent copy of the City's Living Wage Ordinance is attached as
Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole
responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well
as any subsequent amendments thereto.
3.3 TEMPORARY TO PERMANENT
In the event that that the City, at its sole discretion, elects to employ a temporary
employee, no fee and or penalty of any kind (resulting from the change in status of the
temporary employee from temporary to permanent), shall be assessed by the
Contractor.
3.4 INVOICING
Contractor is required to furnish the following information on its invoices for
temporary personnel supplied to the City:
- Purchase Order number issued by the City's Procurement Division
- Department and location within the City of temporary services provided
- Full name of individual performing the service
- Job classification
- Number of hours worked, by date
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All invoices are subject to verification, approval, and processing by the City department
requesting the temporary personnel.
3.3 METHOD OF PAYMENT
Payments shall be made for Services satisfactorily rendered within thirty (30)
days of the date of proper invoice. Contractor shall provide invoices in duplicate to the
manager or department head of the City department utilizing the temporary personnel
for which the invoices are for.
With a copy to:
City of Miami Beach
Accounts Payable Department
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
With respect to the performance of the Services, the Contractor shall exercise
that degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable Services. In its
performance of the Services, the Contractor shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, State of Florida, and
Federal Government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for an initial term of two (2) years
commencing on the last date of execution of the Agreement by the parties hereto. At its
sole discretion, the City may renew this Agreement upon the same terms and
conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30)
days written notice to Contractor (such notice to be provided prior to the end of the initial
term or a renewal term, as the case may be).
4.4 TIME OF COMPLETION
The Services to be rendered by the Contractor shall commence upon receipt of a
Purchase Order from the City, subsequent to the execution of the Agreement. The
Services shall be ongoing for the Term of the Agreement, on an as needed basis.
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4.5 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and
its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, at
law or in equity, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or other wrongful conduct of the Contractor, its employees, agents,
sub-contractors, or any other person or entity acting under Contractor's control,
including without limitation any and all temporary personnel assigned to the City
pursuant to this Agreement, in connection with the Contractor's performance of the
Services pursuant to this Agreement; and to that extent, the Contractor shall pay all
such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals. The parties agree that one percent (1%) of the total compensation to the
Contractor for performance of the Services under this Agreement is the specific
consideration from the City to the Contractor for the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees and
agents. The parties each agree to give the other party prompt notice of any claim
coming to its knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION. SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its
violation of the particular terms of this Agreement and shall grant Contractor ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the
City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Contractor. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
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to bring permissive counter claims against the City in any such action.
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND
OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR
PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO,
AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S
SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY
AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT
ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER,
THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR
SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS
REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event
the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment forthe benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Contractor
under the Agreement until the Contractor complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall
be the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Contractor. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City.
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4.8 AUDIT
Contractor shall keep such records and accounts and require any and all
subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall
be available at all reasonable times for examination and audit by the City and shall be
kept for a period if three(3) years after the completion of all work / Services to be
performed pursuant to this Agreement.
The City reserves the right to perform audit investigations of the
Contractor's payroll, and any other records, of employees assigned to the City. The
City's audit rights shall include, without limitation, ascertaining Contractor's compliance
with screening, interviewing, testing, and training requirements( pursuant to subsection
2.3) and the City's Living Wage Law. Contractor shall maintain any and all records
necessary to document compliance with the provisions of this Agreement, and shall
make available to the City, upon request; such records for audit and examination
relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
Contractor shall obtain, provide and maintain during the term of the
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
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and effect at all times during the term of the Agreement. No work shall be done by
Contractor during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers or carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by the
City's Risk Manager prior to commencement of any work or services under the
Agreement.
If any of the required insurance coverages contain aggregate limits, or
apply to other operations of the Contractor outside the Agreement, Contractor shall give
City prompt written notice of any incident, occurrence, claim settlement or judgment
against such insurance which may diminish the protection such insurance affords the
City. The Contractor shall further take immediate steps to restore such aggregate limits
or shall provide other insurance protection for such aggregate limits.
4.9.1 Failure to Procure Insurance
Contractor's failure to procure or maintain required insurance coverage
shall constitute a material breach of Agreement under which City may, at its sole option,
immediately terminate the Agreement.
4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under
this Agreement in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of any and all sub-contractors, and any other person or entity acting
under the direction or control of the Contractor including with out limitation, any and
all temporary personnel provided in the City pursuant to the terms and conditions of
the Agreement. When the term "Contractor" is used in this Agreement, it shall be
deemed to include any sub-contractors and any other person or entity acting under
the direction or control of Contractor.
For the purpose of this Agreement, Contractor acknowledges and agrees
that any and all temporary personnel assigned by Contractor to provide services to
the City pursuant to this Agreement shall be deemed to be independent contractors
and not agents or employees of the City, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the City, or any rights generally
afforded Classified or Unclassified employees. Further, each personnel shall not be
deemed entitled to Florida Worker's Compensation benefits as an employee of the
City, or accumulation of sick or annual leave.
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4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, physical handicap, or sexual orientation. The Contractor shall take affirmative
action to ensure that applicants are employed and that employees are' treated during
their employment without regard to their race, color, religion, ancestry, sex, age, and
national origin, place of birth, marital status, disability, or sexual orientation.
4.13 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by
the City of Miami Beach Charter and Code, which are incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
The Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly
are employed by the Contractor. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to
the City for public use.
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or
patent by or on behalf of the Contractor or its employees or sub-contractors, without
the prior written consent of the City.
4.15 NOTICES
All notices and communications in writing required or permitted
hereunder may be delivered personally to the representatives of the Contractor and
the City listed below or may be mailed by registered mail, postage prepaid (or
airmailed if addressed to an address outside of the city of dispatch).
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Until changed by notice in writing, all such notices and communications
shall be addressed as follows:
TO CONTRACTOR:
AppleOne Employment Services
Attn: Kenneth W. Landau
990 Knox Street
Torrance, CA 90502
(301) 516-1572
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 forthe 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 "An
hereto; provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the Agreement shall prevail.
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4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter
into this Agreement with Contractor recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages
in an amount in excess of $1 ,000 for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City
by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the
City's liability as set forth in Section 768.28, Florida Statutes.
4.19 COMPLIANCE WITH APPLICABLE LAWS
The Contractor, its subcontractors, agents and employees, including with out
limitation, any and all temporary personnel assigned to the City pursuant to this
Agreement, shall comply with all applicable Federal, State, Miami-Dade County and
City Laws, and with all applicable rules and regulations promulgated by local, state and
national boards, bureau and agencies as they relate to the Agreement and lor the
provision of services hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
By:
t2Itw ~ f lU,Jw..
City Clerk
Robert parChe~ / I
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Date I
yor
David Derm;; ~6
Date I
ATTEST:
FOR CONTRACTOR:
APPLEONE EMPLOYMENT SERVICES
ATTEST:
By: ~ 4:-Li-- ./
se~:lct 7\1 f1
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President ..
~6R. ~.M...8H" fA) ~ 0 '1.11
Print Name
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Date
Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum No. 1
thereto, and Contractor's response to the Proposal.
Exhibit "B" - City of Miami Beach Living Wage Ordinance No. 2001-3301
and Ordinance No. 2003-3408.
APPROVED AS TO
FORM & LANGUAGE
& FOR EX CUTJON
12
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CITY OF MIAMI BEACH
to
-
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
PamelaLeja@mlamlbeachfl.gov
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO. 37-04/05
DATE: 813/05
1
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION
-
Telephone (305) 673-7490
Facsimile (305) 673-7851
Request for Proposals (RFP) No. 37-04105
Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement
Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on
August 31, 2005 until 3:00 p.m. for:
TEMPORARY PERSONNEL SERVICES
At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL
RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE
PROPOSER UNOPENED.
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR AUGUST 16 AT 10:30
AM. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM, LOCATED AT CITY
HALL, 1700 CONVENTION CENTER DRIVE, 4TH FLOOR, MIAMI BEACH, FLORIDA
Attendance at the aforementioned pre-RFP submission meeting is NOT mandatory, but
strongly encouraged as a source of important information.
The City has contracted with Bid Net as our electronic procurement service for
automatic notification of bid opportunities and document fulfillment. We encourage you
to participate in this bid notification system.
To find out how you can receive automatic bid notifications or to obtain a copy of
this RFP, go to www.aovbids.com/scriDts/southflorida/Dublic/home1.asD or call
toll-free 1-800-677-1997 ext. 214.
Any questions or clarifications concerning this RFP shall be submitted in writing by mail
or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention
Center Drive. Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail:
RFP NO. 37-04/05
DA TE: 8/3/05
2
CITY OF MIAMI BEACH
PamelaLeia@miamibeachfl.aov. All responses to questions/clarifications will be sent to
all prospective proposers in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE "CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE
NO. 2002-3378. A COPY OF ALL WRITTEN COMMUNICATION(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 THAT 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 THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT to THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS
SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO.
2003-3389.
LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER
AS A LOBBYIST, AND AS OF MAY 18, 2002, ACCORDING TO ORDINANCE NO.
2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE.
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp.
CITY OF MIAMI BEACH
:-- ~.",.'
Gus Lopez, CPPO, CPPB
Procurement Director
RFP NO. 37-04/05
DATE: 8/3/05
3
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
m
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 detach this sheet from the RFP
documents, complete the information requested, and return to the address listed
above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_ OTHER (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposal 2! this completed form, may
result in your company being removed from the City's bid list.
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TABLE OF CONTENTS
SECTION Paae(s)
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-14
III. PROPOSAL FORMAT 15
IV. EV ALUA TION CRITERIA 16-17
V. GENERAL PROVISIONS 18-19
VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20
VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY 21-29
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION/BACKGROUND
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work ~n special projects.
The Mayor and City Commission at its July 27, 2005 meeting, authorized the
Administration to issue this RFP for a Temporary Personnel Services.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Pre-Proposal Submission Meeting August 16,2005 at 10:30 a.m.
Deadline for receipt of questions August 19,2005 by 5:00 p.m.
Deadline for receipt of Proposals August 31,2005 by 3:00 p.m.
Evaluation Committee meeting September 2005
Commission Acceptance of City Manager's October 2005
Recommendation, and Authorization to Enter
Into Negotiations, and Contract Awards
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete proposal must be received by August
31, 2005 by 3:00 p.m. and will be opened on that day at that time. The original
and all copies must be submitted to the Procurement Division in a sealed
envelope or container stating on the outside the Proposer's name, address,
telephone number, RFP number and title, and proposal due date.
The responsibility for submitting a response to this RFP to the Procurement
Division on or before the stated time and date will be solely and strictly that of the
Proposer. The City will in no way be responsible for delays caused by the U.S.
Post Office or caused by any other entity or by any occurrence. PROPOSALS
RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE
ACCEPTED AND WILL NOT BE CONSIDERED.
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D. PRE-PROPOSAL SUBMISSION MEETING
A PRE-RFP submission conference has been scheduled as follows:
Date: August 16, 2005
Time: 10:30 a.m.
Place: City Manager's Large Conference Room located at City Hall, 1700
Convention Center Drive, 4th Floor, Miami Beach, Florida, 33139.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax:
305-673-7851; or e-mail: PamelaLeja@miamibeachfl.gov. Communications
between a proposer, bidder, lobbyist or consultant and the Procurement Division
is limited to matters of process or procedure. Requests for additional
information or clarifications must be made in writing to the Procurement
Coordinator, with a copy to the City Clerk, no later than the date specified in the
RFP timetable.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding
to the RFP. Proposers should not rely on representations, statements, or
explanations other than those made in this RFP or in any written addendum to
this RFP. Proposers should verify with the Procurement Division prior to
submitting a proposal that all addenda have been received.
F. MODIFICATIONIWITHDRAWALS OF PROPOSALS
A Proposer may submit a modified proposal to replace all or any portion of a
previously submitted proposal up until the proposal due date and time.
Modifications received after the proposal due date and time will not be
considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing
prior to the proposal due date or after expiration of 120 calendar days from the
opening of Proposals without a contract award. Letters of withdrawal received
after the proposal due date and before said expiration date and letters of
withdrawal received after contract award will not be considered.
G. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of
any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time,
this RFP process; or waive any irregularities in this RFP, or in any Proposals
received as a result of this RFP.
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H. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals to the
City, or any work performed in connection therewith, shall be the sole
responsibility of the Proposer(s) and shall not be reimbursed by the City.
I. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what alternative is being offered. The City, at its
sole and absolute discretion, may accept or reject the exceptions. In cases in
which exceptions are rejected, the City may require the Proposer to furnish the
services or goods originally described, or negotiate an alternative acceptable to
the City.
J. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response
to this RFP will be available for public inspection after opening of Proposals, in
compliance with Chapter 286, Florida Statutes, known as the "Government in the
Sunshine Law".
K. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without
discussion, or may require Proposers to give oral presentations based on their
Proposals. The City reserves the right to enter into negotiations with the top-
ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a
mutually acceptable contract, the City may terminate the negotiations and begin
negotiations with the second-ranked Proposer. This process may continue until
a contract has been executed or all Proposals have been rejected. No Proposer
shall have any rights in the subject project or property or against the City arising
from such negotiations.
L. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of
award in accordance with City of Miami Beach Ordinance No. 2002-3344 which
establishes procedures for resulting protested RFP's selection for awards.
Protest not timely pursuant to. the requirements of Ordinance No. 2002-
3344 shall be barred.
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M. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with, and comply with, all Federal, State
and local laws, ordinances, codes, and regulations that may in any way affect the
services offered, including the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines. Ignorance on the part of the Proposer will in no way relieve it from
responsibility for compliance.
N. DEFAULT
Failure or refusal of a Proposer to execute a contract following award by the City
Commission, or untimely withdrawal of a proposal before such award is made
and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. VVhere surety is not required, such failure may
result in a claim for damages by the City and may be grounds for removing the
Proposer from the City's vendor list.
o. CONFLICT OF INTEREST
All Proposers must disclose with their proposal the name(s) of any officer,
director, agent, or immediate family member (spouse, parent, sibling, and child)
who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an
interest of ten (10%) percent or more in the Proposer or any of its affiliates.
P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All Proposers are expected to be or become familiar with all City of Miami Beach
Lobbyist laws, as amended from time to time. Proposers shall ensure that all City
of Miami Beach Lobbyist laws are complied with, and shall be subject to any and
all sanctions, as prescribed herein, in addition to disqualification of their
Proposals, in the event of such non-compliance.
Q. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each Proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting
the full performance of the contract. Ignorance of such conditions and
requirements resulting from failure to make such investigations and examinations
will not relieve the successful Proposer from any obligation to comply with every
detail and with all provisions and requirements of the contract documents, and
will not be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the Proposer.
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R. RELATION OF CITY
It is the intent of the parties hereto that the successful Proposer be legally
considered to be an independent contractor and that neither the Proposer nor the
Proposer's employees and agents shall, under any circumstances, be considered
employees or agents of the City.
s. PUBLIC ENTITY CRIME (PEC)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
T. CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are
hereby advised that the Cone of Silence requirements listed herein shall apply.
u. DEBARMENT ORDINANCE
Proposers are hereby advised that this RFP is further subject to City of Miami
Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are
strongly advised to review the City's Debarment Ordinance. Debarment may
constitute grounds for termination of the contract, as well as, disqualification from
consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid.
v. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City
shall give a campaign contribution directly, or through a member of the person's
immediate family, or through a political action committee, or through any other
person, to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. No candidate, or campaign committee of a
candidate for the offices of mayor or commissioner, shall solicit or receive any
campaign contribution from a person who is a vendor to the City, or through a
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CITY OF MIAMI BEACH
member of the person's immediate family, or through a political action committee,
or through any other person on behalf of the person. This prohibition applies to
natural persons and to persons who hold a controlling financial interest in
business entities.
w. CODE OF BUSINESS ETHICS
Pursuant to Resolution NO.2000-23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
x. AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
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SECTION II - SCOPE OF SERVICES
A. GENERAL
The City of Miami Beach is seeking to enter into contracts for Temporary Personnel
Services, on an "as needed basis", as specified in this RFP, from qualified Temporary
Personnel Agencies. Temporary personnel are needed to cover for regular City
employees who are on vacation or leave of absence; to temporarily fill vacancies until
they are permanently filled; and to work on special projects.
B. TERM OF CONTRACT
The contracts shall commence after the approval of the Mayor and City Commission
. and shall remain in effect for a period of two (2) years. Providing that the successful
Agencies will agree to maintain the same terms and conditions of the contract, the
contracts may be extended for an additional two, one-year periods at the City's sole
discretion.
C. LIVING WAGE
Pursuant to Section 2-408 of the Miami Beach City Code, all employees, who provide
services covered by this RFP, shall be paid a living wage of no less than $8.56 an hour
plus at least $1.25 an hour towards health benefits for a total value of $9.81 an hour, or
a living wage of no less than $9.81 an hour without health benefits.
D. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT
The successful Agencies' hourly rates offered in their proposal submission shall remain
fixed and firm during the term of their contracts, subject to negotiation based on
Consumer Price Index - Urban Areas (CPI-U) or Living Wage Ordinance rate increase.
E. PAYMENT
All Agencies supplying temporary personnel services to the City are required to furnish
the following information on Agency invoices for the personnel supplied:
1. Purchase Order number issued by the City's Procurement Division
2. Location of temporary services performed
3. Full name of individual performing the service
4. Job classification
5. Number of hours worked, by date
The invoices are subject to verification, approval, and processing by the department
requesting the temporary personnel.
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CITY OF MIAMI BEACH
F. WEAR OF UNIFORM
When temporary personnel are assigned to working events with the general public, they
will be required to wear a uniform or a vest with the Agency's name and logo on it.
G. TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee, damage fees (temporary to
permanent charge) shall not be assessed.
H. PAYMENT
The basis of the amount of the payment shall be the hourly rate per hour times the
number of hours worked. Overtime will be considered after forty (40) hours of work per
week according to the Fair labor Standards Act. The hourly rate quoted includes all
overhead, profit and benefit costs to the Agencies, including employee's hourly rate,
which will be in accordance with the City's living Wage Ordinance.
I. PERSONNEL INTERVIEW AND SELECTION
The City's representative(s) and successful Agencies shall mutually agree on the job
description, minimum qualifications, duties and responsibilities for each position as
needed. The City has the option to request more than one person at a time for any
specific assignment to interview and select the best candidate for that specific
assignment, at no cost to the City.
J. MIAMI BEACH ONE STOP CAREER CENTER
All temporary personnel services firms that are being recommended for award have
agreed to work with the One-Stop Career Center to recruit potential employees. By
working together with the Center, the City can insure a larger pool of qualified workers,
and support the work of the Center in helping secure gainful employment for
unemployed and under employed Miami Beach residents.
K. QUALIFICATION
In the event that any personnel from the successful Agencies assigned to the City are
found to be unqualified for any specific assignment, the City has the right to return such
employee at no cost to the City. The City shall be the sole judge of the individual's
qualification and its decision shall be final.
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CITY OF MIAMI BEACH
L. HOLIDAYS
The City's holiday schedule shall be observed. In the event that the City requires a
temporary employee to work on a holiday observed, the day shall be paid at the
overtime rate. It is the responsibility of the using DepartmenUDivision to notify the
temporary Agencies prior to a temporary employee working on Saturday, Sunday,
Holiday or any overtime.
M. EMPLOYEES ARE RESPONSIBILITY OF AGENCIES
All employees of the Agencies shall be considered to be, at all times, the sole
employees of the Agencies under its sole direction and not an employee or agent of the
City. The Agencies will supply competent and physically capable employees. The City
may require the Agencies to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on the
City's property is not in the best interest of the City. Each employee shall have and
wear proper identification. The employees utilized under the resulting contract will be
provided with and shall follow all policies and procedures of the City.
N. SCREENING, INTERVIEWING, TESTING AND TRAINING
The Agencies will be responsible for screening, interviewing, testing and training to
include, but not be limited to:
1. In-depth interview that includes job preferences, experience, goals, interests,
attitudes, motivation and other work-related attributes.
2. Job-related tests to include typing and communication skills.
3. Background checks to include drug testing, criminal checks, and credit history
(for positions that may require the handling of City funds).
4. Verification that their employees are not convicted sex offenders.
5. Training employees on the City's Service Excellence program.
o. AUDIT
The City reserves the right to perform audit investigations of the Agencies' payroll and
related records of employees assigned to the City to ascertain that such employees'
records indicate payment received for the specific hours worked for the City pursuant to
the Living Wage requirements.
P. TEMPORARY POSITIONS
The required listing of temporary positions and their associated job descriptions is
included in this RFP and labeled "Temporary Personnel Services Position Descriptions."
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CITY OF MIAMI BEACH
SECTION III - PROPOSAL FORMAT
The items marked by an asterisk (*) are required as part of the Proposal. If these items
are omitted, Proposer must submit within five (5) calendar days upon request from the
City, or the Proposal shall be deemed non-responsive. All other items must be
submitted with the Proposal or it will be deemed non-responsive.
1. *Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures.
All pages must be consecutively numbered and correspond to the table of
contents.
2. *Prooosal Points to Address:
Proposer must respond to all minimum requirements listed below. Proposals
which do not contain such documentation may be deemed non-responsive.
· *Introduction letter designating areas of proposed services and sufficient
information as to the qualifications of the proposer.
· Respondents shall submit documents that provide evidence of capability to
provide the services required as part of their submittal package.
· *Respondents shall indicate how many years of experience their firm has in
providing temporary personnel services.
· Respondents must provide documentation which demonstrates their ability to
satisfy all of the RFP requirements.
· Respondents shall include their procedures for screening, interviewing,
testing and training employees that will be placed with the City.
· *Client references. List at least eight client references (name, title, company,
address, telephone, e-mail address and fax) our Procurement Division may
communicate with regarding your services. In addition, information for each
reference shall include the description of temporary services provided; and
estimated contract amount and volume of hours provided.
3. Fee Proposal: Submit the proposed fee structure, broken out by position
description, relative to the Temporary Personnel Services Position Descriptions
listed in Section VIII of this RFP. Proposers are not required to submit pricing for
all positions~ob descriptions.
4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer
Information forms;
5. * Any other documents required by this RFP.
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CITY OF MIAMI BEACH
RFP NO. 37-04/05
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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
Bi iii ng ra tes.. . .. . '" . .. .. . .. . .. . ... ... ... ... ... . . . ... .. . .. . ... ... .. . .. . .. . . .. . .. . .. ... .. . . .. . .. .. 20 poi nts
100 points
6. After considering the recommendation(s) of the Evaluation Committee, the
City Manager shall recommend to the City Commission the proposal or
proposals acceptance of which the City Manager deems to be in the best
interest of the City.
7. The City Commission shall consider the City Manager's
recommendation(s) in light of the recommendation(s) and evaluation of
the Evaluation Committee and, if appropriate, approve the City Manager's
recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any
case, City Commission shall select the proposal or proposals, acceptance
of which the City Commission deems to be in the best interest of the City.
The City Commission may also reject all proposals.
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8. Negotiations between the selected proposers and the City Manager take
place to arrive at a contract or contracts. If the City Commission has so
directed, the City Manager may proceed to negotiate a contract or
contracts with a proposer or proposers other than the top-ranked proposer
or proposers, if the negotiations with the top-ranked proposer or proposers
fail to produce a mutually acceptable contract or contracts, within a
reasonable period of time.
9. A proposed contract or contracts are presented to the City Commission for
approval, modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the
contract(s) after the selected proposer(s) has, or have, done so.
Imoortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree
that no property interest or legal right of any kind shall be created at any point during
the aforesaid evaluation/selection process until and unless a contract has been
agreed to and signed by both parties.
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants,
or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any
or all of its right, title, or interest therein, or its power to execute such contract to
any person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold
harmless the City of Miami Beach and its officers, employees, and agents, from
and against any and all actions, claims, liabilities, losses and expenses, including
but not limited to attomeys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omissions or other wrongful
conduct of the successful proposer, its employees, or agents in connection with
the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
C. TERMINATrON FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon
have the right to terminate the services then remaining to be performed by giving
written notice to the successful proposer of such termination which shall become
effective upon receipt by the successful proposer of the written termination
notice.
In that event, the City shall compensate the successful proposer in accordance
with the Agreement for all services performed by the proposer prior to
termination, net of any costs incurred by the City as a consequence of the
default.
Notwithstanding the above, the successful proposer shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the Agreement by the proposer, and the City may reasonably withhold payments
to the successful proposer for the purposes of set off until such time as the exact
amount of damages due the City from the successful proposer is determined.
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D. rERMINA TION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful
proposer of such termination, which shall become effective thirty (30) days
following receipt by proposer of such notice. In that event, all finished or
unfinished documents and other materials shall be properly delivered to the City.
If the Agreement is terminated by the City as provided in this section, the City
shall compensate the successful proposer in accordance with the Agreement for
all services actually performed by the successful proposer and reasonable direct
costs of successful proposer for assembling and delivering to City all documents.
No compensation shall be due to the successful proposer for any profits that the
successful proposer expected to earn on the balanced of the Agreement. Such
payments shall be the total extent of the City's liability to the successful proposer
upon a termination as provided for in this section.
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SECTION VI- SPECIAL TERMS AND CONDITIONS
INSURANCE: Successful Proposer shall obtain, provide and maintain during the
term of the Agreement the following types and amounts of insurance which shall be
maintained with insurers licensed to sell insurance in the State of Florida and have a B+
VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to
these requirements must be approved by the City's Risk Management Department:
Commercial General Liability. A policy including, but not limited to,
comprehensive general liability including bodily injury, personal injury, property damage
in the amount of a combined single limit of not less than $1,000,000. Coverage shall be
provided on an occurrence basis. The City of Miami Beach must be named as
certificate holder and additional insured on policy.
Worker's Compensation. A policy of Worker's Compensation and Employers
Liability Insurance in accordance with State worker's compensation laws as required per
Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by Selected Proposer or City, and shall name the City and the officers.
agents and employees of said organizations as additional insured while acting within the
scope of their duties but only as to work performed by the Selected Proposer under this
Agreement. This policy cannot be canceled without thirty (30) days prior written notice
to the City.
The Selected Proposer shall file and maintain certificates of all insurance policies with
the City's Risk Management Department showing said policies to be in full force and
effect at all times during the course of the Agreement. No work shall be done by the
Architect during any period when it is not covered by insurance as herein required.
Such insurance shall be obtained from brokers of carriers authorized to transact
insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
If any of the required insurance coverages contain aggregate limits, or apply to other
operations or tenancy of selected Proposer outside the proposed Agreement, selected
Proposer shall give City prompt written notice of any incident. occurrence, claim
settlement or judgment against such insurance which may diminish the protection such
insurance affords the City. Selected Proposer shall further take immediate steps to
restore such aggregate limits or shall provide other insurance protection for such
aggregate limits.
FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or
maintain required insurance program shall constitute a material breach of Agreement
under which City may immediately terminate the proposed Agreement.
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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: 813/05
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 aU Proposals, to make awards on aU 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 shaU be deemed to
understand and agree than no property interest or legal right of any kind shall be
created at any point during the aforesaid evaluation/selection process until and
unless a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO. 37-04/05
DA TE: 813/05
22
CITY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-04/05
Directions: Complete Part lor Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Proposer - Name
Date
Signature
RFP NO. 37-04/05
DA TE: 8/3/05
23
CITY OF MIAMI BEACH
DECLARA TION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
SIGNA TURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DA TE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If a Foreian CorDoration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
RFP NO. 37-04/05
DATE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors:
If a Partnership:
Date of organization:
General or Limited Partners:
Name and Address of Each Partner:
NAME
ADDRESS .
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No ( )
If yes, give details on a separate sheet.
RFP NO. 37-04/05
DATE: 8/3/05
26
CITY OF MIAMI BEACH
Questionnaire (continued)
3. Has the Proposer or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not ( ) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations~ To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
RFP NO. 37-04/05
DATE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
RFP NO. 37-04/05
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 investigation
conducted by the Miami Beach Police Department. By submitting this
questionnaire the Proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit
check.
WITNESS:
Signature
Print Name
WITNESS:
Signature
Print Name
WITNESS:
Signature
Print Name
(CORPORATE SEAL)
Secretary
RFP NO. 37-04/05
DATE: 8/3/05
IF INDIVIDUAL:
Signature
Print Name
IF PARTNERSHIP:
Print Nam.e of Firm
Address
By:
General Partner
Print Name
IF CORPORATION:
Print Name of Corporation
Address
By:
President
Attest:
29
CITY OF MIAMI BEACH
VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1. Secretary I
I Two years experience in secretarial and clerical work. Experience in meeting public and
ability to deal with customers using tact, poise, patience and courtesy. Knowledge and
experience in using MS Word, Excel, other MS office application programs. Must have ability
to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm.
2. Secretary II/Administrative Assistant
Three years advanced experience in secretarial and clerical work including transcription,
dictation and executive level experience. Experience in meeting public and ability to deal with
customers using tact, poise, patience and courtesy. Knowledge and experience in using MS
Word, Excel, other MS office application programs. Must have ability to work in a multi-
ethnic/multi-cultural environment. Minimum 40 wpm.
3. Clerk Tvoist
- Responsible and varied clerical work involving moderately complex work methods and
procedures. Requires proficiency in the use of the word processor and/or typewriter. Must
type 40 correct words per minute based on dept. needs.
4. Clerk I
Must possess basic typing and computer experience and good people skills. Dependability
and self motivation, work flexible schedule, including weekends and evenings. Must have
ability to work in a multi-ethnic/multi-cultural environment.
5. Clerk "
One year experience in general clerical work, possess computer software experience and
good people skills. Dependability and self motivation, work flexible schedule, including
weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural
environment.
RFP NO. 37-04/05
DA TE: 8/3/05
30
CITY OF MIAMI BEACH
6. Clerk III
Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Experience in meeting public and ability to deal with customers using tact, poise, patience
and courtesy. Knowledge and experience in using MS Word, Excel, other MS office
application programs. Must have ability to work in a multi-ethnic/multi-cultural environment.
Must type a minimum of 40 wpm.
7. Bookkeeoer / Accountinc 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.
I 8. 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.
9. Customer Service ReDS / 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-culturalenvironment.
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
DA TE: 8/3/05
31
CITY OF MIAMI BEACH
13. Plumber
Skilled work at the journeyman level as plumber with certificate of competency as a
journeyman in the plumbing trade.
14. Service Worker
Advanced and responsible- manual labor duties of a skilled nature.
!
15. A1C Mechanic
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, and related apparatus.
16. Painter
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
17. Buver
Specialized technical, clerical and administrative work in the purchasing of assigned
commodities. Reviews purchase requests, assists with procurement problems, and solicits
quotations. Enters information for issuance of purchase orders.
RFP NO. 37-04/05
DATE: 8/3/05
32
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.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.
Seotember 6. 2005 at 3:00 om Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 In September 2001 Is attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work vs. outdoorltradesman/manual
labor?
Answer #1: In round numbers, the City paid approximately the following dollar values to
temporary personnel agencies:
FY2005
FY2004
FY2003
$1.1 million
$1.3 million
$1.2 million
There exists no specific breakdown of the number of temporary employees that
the City utilized or currently utilizes, that can be provided in a report format. It is
estimated that at about 50% of the City's expenditures to temporary personnel
agencies have been for office work; and about 50% have been for
outdoorltradesman/manual labor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida. and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the jUdicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: 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, i.e. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4:
The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not pOSSible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.I.
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:
GS/MS Contirm
Test Level
Initial Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 ng/mL
300 nglmL
50 nglmL
2000 nglmL
25 ng/mL
500 ng/mL
150 ng/mL
15 ng/mL
2000 ng/mL
25nglmL
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes, upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7
As this is an RFP and not an ITS, supplemental information may be provided.
If you have any question please contact Pamela leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
Gus Lopez, CPPB, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
3
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ilPPI.eGnll Government Services Division
990 Knox Street, Torrance. CA 90502
Tel (310) 516-1572 Fax (800) 539-2228
www.appleone.com
September 2, 2005
City of Miami Beach
Procuremen t Division
1700 Convention Center Drive, Third Floor
Miami Beach, FL 33139
Attention:
Mr. Gus Lopez, CPPO, CPPB
Procurement Director
Dear Mr. Gus Lopez:
AppleOne's Government Services Division welcomes the opportunity to present our response to your
Request For Proposals number 37-04/05. As the largest privately-held human capital management company
in the United States, AppleOne has over 400 points of operation throughout the United States and Canada
to provide service to several large enterprises and Government Agencies regardless of location, without
sacrificing quality and cost-effectiveness for our clients. Our Government Services Division is currently
servicing several public entities on the local, state and federal level. Additionally, AppleOne was named as
the Large Business Partner of the Year for 2004 by the United States Department of the Treasury.
It is our goal to provide the City of Miami Beach with excellent service that provides lasting solutions while
remaining cognizant of the taxpayer's dollar. AppleOne has an impressive menu of options available that
will allow us to configure a unique staffing program for the City of Miami Beach. We intend to do
everything necessary to ensure that your experience with AppleOne is both positive and long-term.
AppleOne will service the City of Miami Beach from the Miami branch office. This branch is located at
10361 NW 41st Street, Miami, FL 33178. Additionally AppleOne maintains a network of branches
throughout Florida, which can assist with providing additional support for the City. A member of the Miami
office is available to the City of Miami 24 hours a day by calling (305) 591-8883.
If you have any questions regarding the enclosed, please feel free to contact me at (310) 516-1572. For
further information on our services, you can also access our interactive website at www.appleone.com.
Thank you for considering AppleOne for your staffing needs. We look forward to working with you.
Sincerely,
((. "(.~~
Kenneth W. Landau
Director of Government Services
TABLE OF CONTENTS
Section I ..................................................... ......................................... ........... Proposer Information
Section II ....................................................................................... Acknowledgement of Addenda
Section III.. ...................................................... ................ ................................. . Fee Proposal Form
Section IV .................................. ............................................ ........ ................................ Declaration
Section V......................... ........................................................................................... Questionnaire
Section VI ........................................................................ ............................... .Required Responses
Section VII.................................................................List of AppleOne Branch Offices In Florida
Section VIII............................................................ .................. ........ Sample Orientation Brochure
Sample Invoice & Management Reports
PROPOSER INFORMATION
Submitted by:
Howroyd Wright Employment Agency, Inc. dba AppleOne Employment Services
Proposer (Entity):
Howroyd Wright Employment Agency, Inc. dba AppleOne Employment Services
Signatu~~ f
Name (Typed):
Marc Goldman
--
----....
Address:
990 Knox Street
City/State:
Torrance, CA
Telephone:
(310) 516-1572
Fax:
(800) 539-2228
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 an2int during the aforesaid evaluation/selection process until and
unles ntract h bee agreed to and signed by both parties.
, c September 2, 2005
(Auth (Date)
Marc Goldman
(Printed Name)
RFP NO. 37-04/05
DATE: 8/3/05
22
CITY OF MIAMI BEACH
ACKNOWLEDGMENT OF ADDENDA
REQUEST FOR PROPOSALS NO. 37-04/05
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated August 24, 2005
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of Staff Member
Date
Howroyd Wright Employment Agency, Inc. dba
AppleOne Employment Services
/}zJz?i,:ame
September 2, 2005
Date
----
-----
RFP NO. 37-04/05
DATE: 8/3/05
23
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
ro
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
August 24, 2005
ADDENDUM NO.1
Request for Proposals (RFP) #37-04/05
FOR
TEMPORARY PERSONNEL SERVICES
The following additional information as a result of inquiries from individuals is
hereby forwarded:
1) The due date for the submission of Proposals has been extended to Tuesdav.
September 6. 2005 at 3:00 pm Eastern Time.
2) A breakdown of the hourly rates that were submitted under City of Miami Beach
Invitation to Bid No. 55-00/01 in September 2001 is attached. Not all of these agencies
are currently providing services to the City.
3) Questions and Answers:
Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the
past year? Can this be broken out by office work vs. outdoorltradesmanlmanual
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
outdoor/tradesman/manuallabor type positions.
Question #2: As there are various methods of performing them, how extensive should the
background checks be that the agencies perform? Are backgrounds performed
at both the State and Federal level? How does the City handle foreign national
background checks?
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
Answer #2
The City conducts a background check consisting of a criminal background. This
would include a check for the state of Florida, and any other states in which the
person has lived. If a nationwide check is done, this would pull up any
information about the person that was ever entered into the judicial system
anywhere within the United States. It would not include anything that they may
have done abroad if they came from another country. The City has no way of
obtaining accurate information regarding an international criminal check.
It is also mandatory to screen to see whether the person is a registered sexual
predator.
Question #3: What is the City looking for in a background check?
Answer #3: We are looking for any crimes that the person may have committed. We look at
the disposition and look for a disposition of "guilty". If the disposition is
adjudication withheld, or if the person pled nolo contendere, then we will consider
the nature of the crime, when it was committed, and the overall picture.
We look for things like violent crimes, Le. domestic violence, crimes of a sexual
nature, etc. Some of these individuals may be working with or around children,
and so we need to be mindful of the children's safety.
We also look for crimes involving perjury or falsification of documentation or
information.
Question #4: Can you address the issue of performing background checks on foreign
nationals, and the questionable feasibility of performing accurate checks in other
countries?
Answer #4: The only way that any international criminal background information can be
obtained, is if the country in which the crime was committed has communicated
this information to Interpol. (Interpol is like a clearing house which logs criminal
information about people from other countries. This is usually done only by
countries that have a relationship with Interpol. It is not possible to verify the
accuracy of any of the information that Interpol receives.) If Interpol has received
any information, they would communicate this to the United States via the F.B.1.
Thus, a nationwide check would reveal such information.
Question #5: What type of drug testing must be performed on all temporary personnel prior to
assignment to the City?
Answer #5:
A five panel test, which must have negative results, consisting of the following:
GS/MS Confirm
Test Level
Initial Test Level
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiates
Phencyclidine
1000 ng/mL
300 ng/mL
50 ng/mL
2000 ng/mL
25 ng/mL
500 ng/mL
150 ng/mL
15 ng/mL
2000 ng/mL
25 ng/mL
Addendum #1, 8/24/05
RFP 37-Q4/05 Temporary Personnel
2
Question #6: Will City parking passes be made available to the temporary personnel?
Answer #6: Yes, upon assignment, the department utilizing the services will address this with
the temporary employee.
Question #7: If the agency provides additional services that are not requested in this RFP, can
the agency list them and provide rates?
Answer #7 As this is an RFP and not an ITS, supplemental information may be provided.
If you have any question please contact Pamela Leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
Gus Lopez, CPPB, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
3
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VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS
Item TEMPORARY PERSONNEL SERVICES
1.
Pay Rates
$9.81
Bill Rates
$12.46
Secretary I
2.
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.
Pay Rates Bill Rates
Secretary II/Administrative Assistant $10.00 $12.70
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.
Pay Rates Bill Rates
Clerk Tvoist $9.81 $12.46
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.
3.
4.
Bill Rates
$12.46
5.
Pay Rates
Clerk I $9.81
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.
Pay Rates Bill Rates
Clerk II $9.81 $12.46
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
Pay Rate Bill Rate
6. Clerk III $10.00 $12.70
Three year experience in skilled typing and general clerical work, accounting & bookkeeping.
Experience in meeting public and ability to deal with customers using tact, poise, patience
and courtesy. Knowledge and experience in using MS Word, Excel, other MS office
application programs. Must have ability to work in a multi-ethnic/multi-cultural environment.
Must type a minimum of 40 wpm.
Pay Rate Bill Rate
7. Bookkeeper / Accountino Clerk II $11.00 $13.97
Three years experience in accounting, supplemented by course work in accounting or
bookkeeping; or any equivalent combination of experience and training. Must have ability to
work in a multi-ethnic/multi-cultural environment.
Pay Rate Bill Rate
8. Customer Service Reos / Comolaint Ooerator $9.81 $12.46
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.
Pay Rate Bill Rate
9. Customer Service Reos / Communications Ooerator $9.81 $12.46
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.
Pay Rate Bill Rate
10. Personnel Technician I $10.25 $13.02
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.
Pay Rate Bill Rate
11. Caroenter $11. 00 $19.80
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.
Pay Rate Bill Rate
12. Electrician $12.75 $18.71
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: 8/3105
31
CITY OF MIAMI BEACH
Pay Rates Bill Rates
13. Plumber $13.00 $19.76
Skilled work at the journeyman level as plumber with certificate of competency as a
journeyman in the plumbing trade.
Pay Rates Bill Rates
14. Service Worker $11.00 $15.95
Advanced and responsible manual labor duties of a skilled nature.
Pay Rates Bill Rates
15. A/C Mechanic $12.00 $18.72
Skilled work at the journeyman level in the installation, maintenance and repair of air
conditioning equipment, and related apparatus.
Pay Rates Bill Rates
16. Painter $11. 00 $20.41
Skilled painting work at the entry level in the construction, maintenance and repair of city
facilities.
Pay Rates Bill Rates
17. Buyer $12.50 $15.86
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: 8/3105
32
CITY OF MIAMI BEACH
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this ~_ day of ___September
,2005.
The undersigned, as Proposer, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or in
the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP No. 37-04/05
.~~
--
SIGNATURE
Marc Goldman
------------------
PRINTED NAME
Vice President
TITLE (IF CORPORATION)
RFP NO. 37-04/05
DATE: 8/3/05
24
CITY OF MIAMI BEACH
QUESTIONNAIRE
Proposer's Name:
Howroyd Wright Employment Agency, Inc. dba AppleOne Employment Services
Principal Office Address:
AppleOne Employment Services
Government Services DivisIOn
990 Knox Street
Torrance. California 90502
Official Representative:
Kenneth W. Landau
Individual
Partnership (Circle One)
<C:..orporatioy
If a Corporation. answer this:
When Incorporated:
November 21,1968
In what State:
California
If a Foreign Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-Preside nt's Name:
Treasurer's Name:
RFP NO. 37-04/05
DATE: 8/3/05
25
CITY OF MIAMI BEACH
Members of Board of
Directors: None
If a Partnership:
N/A
Date of organization:
N/A
General or Limited Partners: N/A
Name and Address of Each Partner:
NAME
ADDRESS
N/A
N/A
* Designate general partners in a Limited Partnership
N/A
I. Number of years of relevant experience in operating similar
business:Ryears
2. Have any similar agreements held by Proposer ever been canceled?
Yes ( ) No (x)
If yes, give details on a separate sheet.
RFP NO. 37-04/05
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:
No
4. Has the Proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Yes ( ) No (x)
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet.
5. Person or persons interested in this bid and Qualification Form have ( )
have not (x) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
None
6. Lawsuits (any) pending or completed involving the corporation, partnership
or individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
See following page
RFP NO. 37-04/05
DATE: 8/3/05
27
CITY OF MIAMI BEACH
Questionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
See attached page.
C. List any criminal violations and/or convictions of the Proposer
and/or any of its principals:
None
7. Conflicts of Interest. The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal:
(If none, state same.)
None
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association
or relationships which would constitute a conflict of interest, either actual
or perceived, with any Proposer and/or individuals and entities comprising
or representing such Proposer, and in an attempt to ensure full and
complete disclosure regarding this contract, all Proposers are required to
disclose all persons and entities who may be involved with this Proposal.
This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is
added to this list after receipt of Proposals. (Use additional sheet if needed)
.None
RFP NO. 37-04/05
DATE: 8/3/05
28
CITY OF MIAMI BEACH
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Following is the pending litigation and settled cases for AppleOne Employment Services:
Complaint filed against
Yancy Tarrant AppleOne Employment Services,
Inc. in October of 2004 in Tarrant
v. 153-207211-04 County, County, Texas, for direct hire
AppleOne Texas employment.
There is no trial date endin .
Ashlynn / Bradley Los Angeles May 16,2005. No trial date
v. BC333507
AppleOne County, California pending
Crittenden u.S. District Court,
Northern District
v. CV-05-J-1387-S of Alabama, Settled June 27,2005
AppleOne Southern Division
Testa
v. Los Angeles
Howroyd Wright BC296877 Settled May 2005
Employment County, California
Agency, Inc.
Washington 6:05-CV -443- U.S. District,
v. ORL-18DAB Middle Florida, Settled April 2005
AppleOne Orlando Division
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
J
IF CORPORATION:
Howroyd Wright Employment Agency, Inc.
dba AooleOne Emolovment Services
Print Name of Corporation
Michael A. Hoval
Print Name
327 West Broadway, Glendale, CA 91204
By: ~~~~
,! Bemar, ~w President
Attest: ;~16P')C
----~-----i-------------------
(CORPORATE SEAL)
Secretary
RFP NO. 37-04/05
DA TE: 8/3/05
29
CITY OF MIAMI BEACH
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
2. Proposal 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.
AppleOne's Introduction letter is located in the front of this proposal.
· Respondents shall submit documents that provide evidence of capability to provide the
services required as part of their submittal package.
AppleOne has included all necessary documents in this proposal.
· Respondents shall indicate how many years of experience their firm has in providing
temporary personnel services.
AppleOne Employment Services is a Corporation. AppleOne's date of incorporation is
November 21, 1968 in the State of California. Founded in 1964 by our President, Bernard
Howroyd, AppleOne Employment Services has grown from a single-desk staffing agency to
become the largest privately held human capital management agency in the nation, with four
decades of experience from which to draw. While most major corporations expand through
mergers and acquisitions, AppleOne is firmly committed to furthering our expansion through
reinvestment in our national network of branch locations. Since 1995, AppleOne's branch
network has grown from 81 locations, mainly in the Western United States, to over 300
locations throughout North America. This growth was accomplished while maintaining the
conservative position of remaining virtually debt-free, eliminating any distraction from our
main goal to provide unsurpassed customer service. Thus, AppleOne's core philosophies are
reflected in our daily practices.
AppleOne Employment Services is continuously seeking ways to improve the service
provided to both its public and private sector clients. To that end, AppleOne has established
a Government Services Division. This division is dedicated to evaluating the special needs
of AppleOne public sector clients, colleges and universities, to provide lasting solutions
while bearing in mind the financial responsibilities which these institutions have related to
serving the needs of the people.
Each of AppleOne's 300 points of operation offers a myriad of staffing services for our
public sector clients. As a full-service staffing agency, AppleOne supplies temporary, temp-
to-hire, and direct-hire candidates to satisfy all of your human resources demands. Each
division's area of expertise delivers results for our government and institutional clients. The
City of Miami Beach will be serviced by a network of branches located throughout Florida.
The AppleOne branch located in Miami will serve as the Managing Branch for the contract
with the City. A member of the Miami office is available 24-hours a day by calling (305)
591-8883. A list of AppleOne's Florida Branch Office is provided in Section VII of this
Page 1 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
proposal. AppleOne is comprised of the following Specialized Services divisions that
coordinate to deliver a multitude of staffing solutions:
Government Services Division
The Government Services Division was established to address the special staffing needs of
Government entities and educational institutions. Each member of our Government Services
Division works together as a team to research ways to provide public sector entities and
educational institutions with a high quality staffing solution. A key component of this is
maintaining an awareness of the value of the taxpayer dollar, and the services that residents
and students expect from their dollars. Our Government Services Division is currently
servicing several public entities on the local, state and federal level as well as numerous
public and private educational institutions.
In order to provide its clients with the highest level of service, AppleOne has specialized
departments at the corporate level designed to assist each branch with specialized services.
These departments include:
AppleOne Temporary and Direct-Hire Services Department
As our core department, AppleOne Temporary Services handles multiple job classifications,
encompassing a wide range of skills from administrative and clerical to professional and
customer service. Our direct-hire placement division takes the risk out of hiring direct-hire
employees, with a variety of innovative, cost-effective programs, offering financial
flexibility. AppleOne can recruit for virtually any position need.
Accounting Advantage
Focusing exclusively on accounting and financing staffing, Accounting Advantage serves as
a total solutions provider. Combining four decades of specialized recruitment with a vast
national database of professionals ensures Accounting Advantage delivers the best people.
Accounting Advantage places candidates in direct-hire and temporary positions, ranging
from junior accountants to certified public accountants, as well as other clerical positions in
accounts payable and accounts receivable.
At-tech
With over a decade of experience, At-tech has its finger on the pulse of the rapidly shifting
tech industry. At-tech provides corporate high-tech businesses with unrivaled, cost-effective
solutions for their toughest technical staffing challenges. At-tech specializes in the
placement of high-end technical and IT contract and direct-hire candidates so our client
companies can keep pace with today's ever-changing technology.
Page 2 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Pro Travel Personnel
Our Pro Travel Personnel division provides customized staffing for the needs of travel
agencies and corporate travel departments. Four decades of industry resources and expertise
combines with the latest recruitment technology to go the distance in staffing travel
professionals.
AppleOne is dedicated to the uncompromIsmg belief that we serve two clients - our
associates and Government entities/client companies. By devoting our full range of
knowledge and experience to create 100% customer satisfaction for our client companies and
Government entities, we are able to provide our associates with a wide range of job
opportunities and create client-for-life relationships. By partnering with AppleOne, Miami
Beach will be introduced to an impressive menu of options to choose from as we have
worked diligently to tailor a staffing program that will effectively meet all your needs.
· Respondents must provide documentation which demonstrates their ability to satisfy all
of the RFP requirements.
AppleOne submits that the information included herein clearly identifies its 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.
Recruitment
AppleOne utilizes many resources to find the appropriate candidate for each position that
needs to be filled. Following is a summary of our recruiting methods:
Job C aster
This is a powerful proprietary system, which assists our recruiting professionals in writing
employment advertisements. Once the job posting is composed it is broadcast to more than
75 ofthe most popular career sites on the World Wide Web. These websites include, but are
not limited to, AppleOne.com, Monster, Alta Vista, AOL.com, America's Job Bank,
EmployU.com, ProHire.com, Vault.com and GO Jobs.
Other Recruiting Resources
AppleOne maintains a roster for staffing new requirements including part-time personnel and
former contractors phased out during "ramp down" periods. As well, AppleOne utilizes job
fairs, referrals and print media to increase our candidate pool.
Page 3 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Workplace Diversity
AppleOne promotes diversity in the workplace and considers all applicants based on their
skills regardless oftheir physical challenges, gender or ethnicity. Our offices continually seek
to recruit temporary associates from economically disadvantaged groups through a variety of
community organizations and business associations. AppleOne is always seeking new
opportunities to assist all individuals; including women, minorities and the disabled in
advancing their careers. We actively recruit applicants with physical and/or mental
challenges, from all ethnic backgrounds, and all ages.
As part of this effort to cultivate a diverse workforce, AppleOne posts job advertisements in a
variety of online recruiting sites that are focused on diversity outreach. Those sites include:
. Best Buddies
. BET EMP
. ESSENCE
. Gay Financial Network
. GayWork.com
. HispanicOnline
. Latina
. Resource Partnership
. Third Age
AppleOne utilizes multiple recruitment methods such as aggressive advertising for new
applicants and frequenting local job fairs to locate exceptional candidates. Currently,
AppleOne has a large pool of bilingual candidates in our databases. Part of our application
process is indicating bilingual capabilities, which we track through our Office Automation
system. To complement our Instant Recruitment Network and JobCaster, for example, we
utilize Hispanic media outlets such as the Vida newspaper as a recruitment tool. AppleOne
has tenured, senior branch personnel who are fluent in English, Spanish and
Cantonese/Mandarin for example, and we are active in various ethnic Chambers of
Commerce. In addition, AppleOne branches are empowered to make flexible decisions to
accommodate clients at the local level. This includes developing customized, innovative
recruiting and screening programs per a client's request.
Furthermore, AppleOne utilizes the Department of Labor programs, job fairs, GAIN/GROW
and other similar programs to enhance the diversity of the candidates that we can provide to
our clients.
R~~~Mn~dhre~kwPro~~
AppleOne will ensure that the City of Miami Beach receives highly qualified candidates who
will seamlessly maintain your high productivity rate. To accomplish this goal, our Strategic
Sourcing Specialists conduct an extensive interview with each applicant using behavioral-
evaluation techniques. Our branch staff takes the extra time to learn an individual's
aspirations, talents, skill level, past experiences, preferred work environment, etc., allowing
Page 4 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
the applicant to be placed in a position best-suited to him/her. The applicant's qualifications
are then entered into our Office Automation system, which allows our staff to accurately
match them with our client companies and government entities, all within the shortest
timeframe possible.
The process for registration and interviewing is as follows:
AppleXpress: On-line Registration
AppleOne's Web site, www.appleone.com. our on-line application, AppleXpress, improves
our responsiveness by bringing the career seeker to you. This registration is accessible
through our Web site, www.appleone.com. allowing career seekers with an Internet
connection to fill out our application easily.
AppleXpress offers a customized pre-screening process, allowing our service to meet your
specific requirements. This process can include customized searches for applicants based on
location, skills, education, salary range, experience, key words, and other qualifications your
company may request. AppleXpress even allows our clients to search our pre-qualified
candidate base from their own computers.
As a further time saving measure, each applicant's information is received directly into our
Office Automation 2000 database digitally, making their information instantly available to
our clients, reducing the need to transcribe information into our system. Furthermore, even
applicants who fill out our paper forms will still complete the process on-line, using branch
location computers, significantly reducing application paperwork. As one of AppleOne's
proprietary systems, AppleXpress is a revolutionary tool that allows our clients the
opportunity to identify candidates, schedule interviews and dispatch temporary associates in
one comprehensive solution.
Office Automation
Office Automation is a proprietary software system that enables AppleOne to aggregate and
maintain a vast pool of qualified candidates - giving branches instant access to the right
people at the right time. Through Office Automation, we can easily track and match
candidates, allowing our branch offices to quickly select a pool of temporary associates from
our entire national network. Providing more than simple names, resumes and contact details,
it contains detailed personal profiles acquired from each expertly structured associate
interview including personalities, temperaments and strengths.
Through Office Automation, AppleOne can fully service our public sector clients who
require support at multiple locations. Office Automation also has the ability to download
resumes from the Internet or via e-mail and generate client reports. Office Automation has
been installed in conjunction with our Specialist-an-Site programs at some of our largest
clients to effectively manage their own contingency workforce and provide in depth reporting
mechanisms.
Page 5 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Interview and Verification of References
AppleOne requires all applicants to provide their employment history with a minimum of
two positive business-related references. Once verified by AppleOne, these references can
identify past workplace behaviors and tendencies that help us determine ideal workplace
environments for each individual. Documentation of references is on file and available at the
corresponding AppleOne location upon request.
All applicants participate in a thorough potential-hire orientation. All AppleOne policies,
rules, and regulations are covered, as well as tips for success in the workplace. Upon
reviewing the AppleOne orientation materials, each candidate is then tested to ensure they
comprehend the orientation correctly. The prospective temporary associate must then
acknowledge receipt of our policies regarding compliance with state and local regulations by
signing a statement to that effect.
The Evaluation Process for ScreeninJ! Candidates
Maintaining the Government's high rate of job performance and productivity is one of our
primary goals. To help ensure this, we evaluate each of our candidates on their skill
strengths and career objectives. After our branch staffleams the candidates' long-term goals,
we conduct proficiency tests. If candidates do not possess adequate skill levels, AppleOne
offers cross training to enhance their skill sets. Once the individual is appropriately trained,
we review our clients' lists of job descriptions and match job assignments accordingly. The
result: Our candidates fulfill not only their individual goals, but our clients' as well.
Using SkillCheck, Inc.'s sophisticated evaluation system our branch staff ensures that
candidates possess the necessary skills for exceptional performance. SkillCheck's
SoftwareSkills tests provide the highest quality performance-based testing on virtually all of
today's top office software, so we may ascertain each candidate's level of proficiency on
Windows as well as MacOS operating systems. As new software is introduced to the
workplace, all AppleOne candidates are encouraged to enhance their skills using our
SkillCheck tutorial programs. Prior to assignment, we can test our contractors with
customized training and evaluation programs that simulate the work to be performed at
locations within the City of Miami Beach.
The AppleCore Assessment Series
To enhance our ability to find skilled candidates for the government, AppleOne worked with
a major consulting firm to develop and validate a new applicant classification system. The
goals of this project were to:
· Improve the matching of applicant skill level with job requirements
· Utilize the best-of-breed technology to create high fidelity classification instruments
· Create an efficient and concise classification process
· Design the system for easy, standardized administration
· Meet all legal and professional standards
Page 6 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Written portions of our Core Assessment Series were developed with the consulting firm's
database and existing classification tests. The content underlying these tests were carefully
studied and determined to be related to the job performance of AppleOne positions. All
AppleOne tests have a proven track record of success, showing that those who take the tests
have better performance on the job, significantly increasing their productivity.
For administrative, clerical and customer service positions, situational judgment exercises
were used to assess personal characteristics found to be important for the job. The
development of these tools was as follows:
Receptionist CD Simulation
Development of the Receptionist job simulation included identifying "critical" work
activities that contribute to success on the job. For receptionists, it was found that answering
multiple-line telephones and routing calls are "critical" elements of the job. A computerized
work sample was created to simulate a receptionist receiving and routing a call. Also,
receptionists were found to be a direct link to visiting customers and clients. Thus, in
conjunction with the job simulation, a situational-judgment exercise was created to determine
an applicant's ability to respond to work situations effectively. The tool was developed using
computerized CD Video technology to create a realistic portrayal of the work environment.
Job incumbents, job experts, and AppleOne personnel were responsible for providing
information to be used in the development of the assessment.
Customer Service Situations Video
A video-based situational judgment exercise was created for Customer Service
Representatives and Telemarketers. Data collected during job analysis revealed that
customer service representatives must respond to several different types of situations relating
to interactions with internal and external customers. The video-based assessment provides an
accurate depiction of actual situations faced on the job. Applicants are then asked to
determine the most effective approach to resolve the work situation. Selecting a video-based
testing platform adds a virtual element to the testing-thereby, making the testing process
more accurate as well as enhancing applicant interest.
Light-Industrial/Manufacturing "Hands-On" Assessment
For manufacturing positions, a hands-on assessment was selected to assess physical abilities
needed for Light Industrial and Electronic Assembly applicants. The Purdue Pegboard is
used for Light-Industrial applicants to measure manual dexterity, eye-hand coordination, and
visual acuity. The Tweezer dexterity test is used for Electronic Assembly positions to
measure fine motor movement, visual acuity, and finger dexterity. Due to the high speed and
precision necessary to perform these jobs, hands-on assessments present the greatest
comparison to a real job situation.
Page 7 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Structured Interview Guide
The structured interview guide was designed to identify how well a candidate effectively
performs as an AppleOne contractor. The interview guides ask questions related to the
applicant's work history, interpersonal and team skills, creative problem solving,
professionalism, and communication skills. The applicant's response helps us assess how
they have responded in past work situations. Questions are framed in this way because
research has shown that past work behavior is one of the best predictors of future work
behavior.
A Comprehensive Solution
The combination of our SkillCheck testing and Core Assessment Series guarantees the
highest quality candidates for the City of Miami Beach.
Software Evaluations
Skill Check's SoftwareSkills tests provide the highest quality performance-based testing on
virtually all of today's top office software, so we may ascertain each candidate's level of
proficiency on Windows as well as MacOS operating systems. As new software is
introduced to the workplace, all AppleOne candidates are encouraged to enhance their skills
using our SkillCheck tutorial programs. Tests and training available include:
Internet Ex lorer
Windows
Outlook
To determine the accounting skills of the candidates that we provide to the City, AppleOne
offices utilize testing and tutorials in PeachTree/QuickBooks, Lotus Notes, Netscape, Audio
Transcription, Hemmingway Accounting, Winway Resume, AON Receptionist, AON
Computer Assessment (AppleCore Assessment Series).
... SKlLEe8F;CKPIlOFF;SSIONALv~4~O
Access (A, B, S) PowerPoint (A, B, S, NF) Windows (A, B, S)
Data Entry Test Software Productivity Windows (A, B, S)
(Numeric, Aloha)
Excel (A, B, S, Ten Key Word (A, B, S, NF)
NF)
Lotus 1-2-3 (A, B, Typing Test 1 Word Perfect (A, B, S)
S)
Outlook (S) Win2000 Test I
AppleOne tests all candidates on today's latest programs, to ensure that the government
receives the best-of-breed human capital. AppleOne uses Prove It!, an industry-leading
Page 8 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
assessment program to determine a candidate's skill sets. What follows is a comprehensive
list of AppleOne's testing capabilities:
ABAP for SAP ASP Apache Web Server
AS/400 C Programming Cisco Networking/Router
COBOL Cold Fusion DC OM
CORBA Crystal Reports DB2
De!I>hi Dreamweaver E Commerce
HP-UX HTML Informix
Java JavaScript Linux
Lotus Notes Macintosh MS Exchange
MS Help Desk Network Security Novell
Oracle PeopleSoft Perl
PHP PowerBuilder RDBMS
SAS Solaris SQL Server Developer
SQL Server DBA SQL Desktop Applications Sybase
TCP lIP UNIX Visual Basic
Visual FoxPro Windows WinRunner
XML Access Excel
Outlook PowerPoint Word
ABAP for SAP ASP Apache Web Server
Background and Reference Checks
Prior to sending an employee to work for the City of Miami Beach, the Strategic Sourcing
Specialist, in conjunction with the appropriate City representative, will evaluate what pre-
employment screening will be utilized. For all of the background and screening that may be
required by the City, AppleOne uses A-Check America. Following is a comprehensive
description of the services that can be provided by A-Check America:
A-Check America
To assure that our clients receive the best temporary associates in an efficient marmer,
AppleOne utilizes our affiliate, A-Check America, to conduct extensive pre-employment
screening. Pre-screening may include drug screens, criminal background checks, credit
checks, social security checks, and DMV verifications. A-Check's services are available for
our temporary associates as well as the City of Miami Beach's permanent employees.
The services A-Check offers include:
Criminal Search
This includes a one (1) county, one (1) name criminal court record search of felony records
and will include misdemeanor records when available. All information will be obtained at
the courthouse by a court researcher unless direct connection to the courthouse is established.
Page 9 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
According to the FCRA, criminal searches can reveal all criminal convictions contained in
the court records.
Criminal Search (Federal)
This search includes a one (1) district, one (1) name federal criminal district record search of
federal records. All information will be obtained through the Federal P.A.C.E.R. system
with on-line direct connection to records and dispositions.
Civil Record Search
This report reveals lawsuits and torts, and in some cases, workers' compensation records.
The search is conducted per name, per county. Civil records are housed in either the higher
or lower courts based on monetary amount of the claim. This varies by state.
Credit Report
This report not only provides information into the person's financial background, it also
provides present and past addresses, current and past employers, and verifies and provides
users of the social security number presented.
Driver's Report
This is a statewide search with all information obtained directly through the state of issuance.
This search reveals the applicant's five-year driving history along with insight into a potential
drug user.
Social Security Trace
This search verifies the number provided is valid, the person/people associated with the
number, current and past addresses and current and past employers.
Employment Verification
We will verify present or past employment to include position(s) held, dates of employment,
salary, confirmation of specific job duties, reason for leaving, eligibility for re-hire, and
overall job performance. This information will be obtained through a phone interview with
either the applicant's former supervisor or personnel department.
Workers' Compensation
This search will obtain records by visiting the state's central repository or district office to
determine claims filed and amount, type of injury filed, and past employers. The majority of
states organize their records by filing claims alphabetically by claimant. According to the
American's With Disabilities Act (ADA), Workers' Compensation information may only be
obtained after a conditional job offer has been extended.
Page 10 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Education Verification
This search verifies CollegeslUniversities attended with qates of enrollment, Major/Degrees
obtained, Grade Point Average, and professional certification. An additional applies fee if
transcripts are requested.
Non-D.o.r
This includes screening for five categories of drugs including: Amphetamines, Cocaine,
Marijuana, Opiates, and Phencyclidine. This price covers the costs for collection at an A-
Check America site, overnight courier service to a S.A.M.S.H.AIN.I.D.A. certified
laboratory, pre-screen by E.M.I.T., and confirmation by G.c./M.S. Negative results will be
returned to your company the next business day, while positive results will be returned
within 48 hours.
D.o.r
This includes screening for five categories of drugs including: Amphetamines, Cocaine,
Marijuana, Opiates, and Phencyclidine. This price covers the costs for proper D.O.T. chain-
of-custody paperwork, collection at an A-Check America site, overnight courier service to a
S.A.M.S.H.AIN.I.D.A. certified laboratory, pre-screen by E.M.I.T., and confirmation by
G.C./M.S. Negative results will be returned to your company the next business day, while
positive results will be returned within 48 hours.
Oral Drug Screen (Non-D. 0. r Saliva)
This includes screening for up to four (4) categories of drugs including Cocaine, Marijuana
(THC), Methamphetamine, and Opiates. The employer will administer the test and results
will appear within minutes.
Confirmation of Oral Drug Screen Positives
This includes a positive confirmation screening for five categories of drugs including:
Amphetamines, Cocaine, Marijuana, Opiates, and Phencyclidine. This price covers the costs
for collection at an A-Check America site, overnight courier service to a
S.A.M.S.H.AIN.I.D.A. certified laboratory, pre-screen by E.M.I.T., and confirmation by
G.C./M.S. Negative results will be returned to your company the next business day, while
positive results will be returned within 48 hours.
On-Site Urinalysis Drug screen (TestCup)
This includes screening for five categories of drugs including: Amphetamines, Cocaine,
Marijuana, Opiates, and Phencyclidine. Negative and positive results will be returned within
minutes.
Page 11 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Medical Review Officer (MRO)
Results of D.O.T. drug screenings are forwarded to an MRO, a licensed physician who
reviews these results, speaks with the donor if necessary, and reports the results within two
hours of receiving them from the laboratory.
Random Selection
Performed according to S.A.M.S.H.A./D.O.T. guidelines, this service is used to meet D.O.T.
and A.Q.M.D. requirements as well as your own company-sponsored policy.
Turnaround Time
All results are usually returned by the next business day.
ISO 9001:2000 Certification
AppleOne's dedication to quality assurance ensures that the government achieves their
staffing goals. Toward this end, in 1999, AppleOne achieved ISO-9002 certification, which
has since been upgraded to ISO 9001 :2000. The ISO 9001 :2000 Certification, established by
the International Standards Organization, is a quality management system that sets a global
standard for quality assurance processes and ensures that a company's products and services
are among the best in the world.
AppleOne currently utilizes a Customer Satisfaction Survey Program that measures two
critical areas:
· Account Management Survey - Measures the quality and servIces delivered by
AppleOne to our customer.
· AppleOne Placement Survey - Measures the quality of contractors made by
AppleOne for our customers.
1-9 Verification
It is AppleOne's policy to comply with all laws, including anti-discrimination and
immigration laws. In compliance with the Immigration and Control Act of 1986, AppleOne
has:
· Examined the required documentation presented to us under oath by applicants
· We certifY that, to the best of our knowledge, the applicants being referred to you are
authorized to work in the United States.
· Employment eligibility forms for specific employees are available for the City of Miami
Beach's inspection. These forms will are maintained at the AppleOne Miami Branch
Office.
Page 12 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
As part of our registration process, all contractors must complete an 1-9 form, which includes
providing proof of identification that establishes their eligibility to work in the United States
(identification is taken based upon the list of acceptable documents as determined by the
INS). An AppleOne staff member then verifies this information and the 1-9 forms are stored
according to government guidelines as well as our ISO 9001 :2000 standards. Following is a
summary of the guidelines for 1-9 verification:
· The Strategic Sourcing Specialist must inspect all documents to make sure they are valid
and authentic.
· As per the government standards, AppleOne must maintain 1-9 records for a minimum of
three (3) years after the date of hire as well as at least 1 year after the date of termination.
· All forms of identification used for 1-9 verification must be originals, copies are not
allowed (exception: an employee may present a certified copy of a birth certificate).
· Contractor is provided with the 1-9 form (current revision from the Department of
Homeland Security is dated 5/31/05).
Orientation Brochure
Once an associate is identified for placement for the City of Miami Beach, the Strategic
Sourcing Specialist will assist in acclimating the associate to the City's working environment
by conducting a thorough client-specific orientation and providing the associate with an
orientation brochure. The brochure will be kept on file at the branch location and shall be
reviewed with each temporary associate prior to assignment. This orientation brochure
covers the following subjects:
. Dress code
. Working hours
. Parking
. Phone number
. Directions
. Supervisor name
AppleOne can also include any other information which the City may determine to be
important as a part of this Orientation Brochure. A sample of the Orientation Brochure can be
found in Section VIII.
Temporarv Associates Benefits Incentives
An integral part of establishing and maintaining a diverse workforce includes identifying the
needs of our contractors and temporary associates, and addressing those needs. To that end,
AppleOne works with Strategic Resource Company (SRC) to offer a wide range of benefits
to those temporary associates actively working for our company. Affordable group benefits,
Page 13 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
available through CNA, include medical, dental, VISIOn, short-term disability and life
insurance coverage. The costs of benefits are automatically deducted from our temporary
associates' paychecks.
Benefit In-Network Out-of-Network
Provider Provider
R . II ti t
os pIta npa en
Base Medical Maximum $7,500 $7,500
Benefit
Subject to these limits:
Hospital Room & $ 250 per year
Board $1,500 per year
Surgeons' Fees $ 250 per year
Anesthesiologists' $1,000 per year
Fees
Other Hospital
Services
Base Benefit Percentage paid 50% 50%
by plan
Base benefit Deductible $200 $300
Supplemental Medical $45,000 $45,000
Maximum Benefit
Supplemental Benefit 80% 60%
Percentage paid by plan
$1,000 $1,000
$100 $300
70% 50%
$15 Co-Pa 50%
$10 Co-Pay 50%
$10 Co-Pa 50%
$20 Co-Pay 50%
For more comprehensive coverage, we utilize Fortis Health and The J.L. Barnes Group,
offering our temporary associates access to affordable, quality, and comprehensive
employee-paid benefits for themselves and their families. Upon becoming an AppleOne
temporary associate, the individual is given information regarding medical, dental, and vision
coverage. There are no conditions barring temporary associates from taking advantage of
these benefits.
Page 14 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Medical Preferred 1000. PPO Series 100OPPO Short-Term
Sernces Maior Medical MaJor Medical Ma.ior Medical <.
Hospital Covers hospital semi- Covers hospital semi- Covers hospital semi-
Facility private room rate, if no private room rate, if no private room rate
and semi-private room, semi-private room,
Services private room is covered private room is covered
Deductibl $500-$1,000-$1,500-$2, $500.$1,000-$1,500-$2, $250-$500.$1,000-$2,
e Options 000. 500. 500
$2,500 $5,000
Co- 80120 to $5,000 or 80/20 to $5,000 or 80% to $5,000
Insurance $10,000 $10,000 50% to $5,000
& Stop 50/50 to $2,500 or 50/50 to $2,500 or
Loss $5,000 $5,000
Options
Covered illness and
Office $20 Co-payment $20 Co-payment injury subject to
Visits deductible and
coverage
Prescripti Outpatient drug card Outpatient drug card Covered subject to
on Drugs program, no special program, no special deductible and co-
annual or dollar limits; annual or dollar limits; Insurance
separate deductible to separate deductible to
choose from choose from
Dental,
Vision Call for more details Call for more details Call for more details
and Life
Benefits
AppleOne maintains a full library of educational programs that are targeted to enhance our
temporary associates' proficiency in a number of areas, including customer service, self
assurance, computer programs, managerial skills, etc. These programs are available for
review on video or cassette. Utilizing our library has proven very effective in educating our
temporary employee roster.
Similarly, our branch locations currently provide specific training on, greeting and closing
techniques through our Interactive Computer-Based Training (CBT) for telemarketer and
customer service candidates. This training presents the candidates with multiple simulated
exercises, coaching, reviews, and feedback, and is ideal for candidates vying for positions
where heavy phone traffic or public interaction is predicted.
Page 15 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
AppleOne strives to maintain a work environment that promotes well-being and satisfaction
by providing motivational benefits plans and incentive programs, detailed below:
401K Plan
AppleOne offers all temporary associates the opportunity to enroll in an
employee-paid 401K Plan.
Temporary associates shall receive one week's bonus pay upon the
successful completion of 1,500 hours worked within a 12-month period.
Temporary associates who refer qualified candidates shall receive a $25.00
bonus in recognition of their referral.
Bonus Pay
Referral
Bonus
Direct Deposit
AppleOne offers its temporary associates and contractors the ability to have their paychecks
directly deposited in their bank accounts (EFT/ACH). If the employee or contractor chooses
this option, a paycheck stub is either mailed to them or available for pick up at the AppleOne
Miami office, depending on the preference of that temporary employee or contractor.
ArmleOne PavCard from Visa@
AppleOne is currently implementing an automated alternative to paychecks. This system is
called PayCard. PayCard eliminates the need for Associates to travel to branch locations on
Fridays or wait over the weekend for their paycheck to arrive in the mail. More importantly,
PayCard benefits non-bank Associates by doing away with the high cost of check-cashing
services. This system is offered through the Visa@ Company.
· PayCard's Advantages
o No need to rush to the branch - or wait for the mail.
o PayCard works like direct deposit because it automatically and instantly makes the
Associates' pay accessible by ATM as well as Visa@/debit.
o No need for a bank account or a security deposit.
o PayCard has all the benefits and features of a Visa@ debit card without requiring a
savings or checking account.
o No need to shoulder the high costs and risks of check-cashing services.
AppleOne is rolling out the PayCard program in October of 2005 and will be able to offer it
as a service for the City of Miami Beach during the initial roll out. In compliance with
AppleOne's ISO Quality Assurance Standards, AppleOne has tested this system extensively
prior to its usage.
Page 16 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
. 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.
United States Department of the Treasury,
Bureau of Public Debt
Division of Procurement
UNB 4th Floor
200 Third Street
Parkersbur , WV 26101-5312
Mr. Jeffery Stephenson
Bureau Small Business S ecialist
(304) 480-7123
(304 480-7203
. eff.ste henson
Count of Oran e, Florida
400 East South Street
Orlando, F1 32802
Mr. James E. Schell, Jr., C.P.M., CPPB
Senior Purchasin A ent
(407) 836-5410
(407) 836-5899
Jim.Schell ocfl.net
Page 17 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
."""""'....-....-
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ort. co.la.ca. us
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Page 18 of 19
City of Miami Beach, Florida
AppleOne Employment Services
Request For Proposals No. 37-04/05
September 6, 2005
Page 19 of 19
APPLEONE TEMPORARY AND FULL-TIME EMPLOYMENT SERVICES 25-May-05
FULL-TIME TEMPORARY
OFFICE DIVISION DIVISION FAX NUMBER
FLORIDA
1n Office 888 25821-25 U.S. Highway 19, Clearwater, FL 33763 (727) 712-2244 (727) 712-2244 (727) 791-8186
. water. 533 25821-25 U.S. Highway 19, Clearwater, FL 33763 (727) 712-2244 (727) 712-2244 (727) 712-2254
Cyrpress Creek. 559 6517 North Andrews Avenue, Fort Lauderdale, FL 33309 (954) 492-0550 (954) 492-0550 (954) 492-0540
o oral. 549 10361 NW 41st Street, Miami, FL 33178 (305) 591-8883 (305) 591-8883 (305) 591-8803
Jacksonville. 126 9550 Baymeadows Road, Suite 6, Jacksonville, FL 32256 (904) 733-4144 (904) 733-4144 (904) 733-2910
Orlando. 70 277 Douglas Avenue, Suite 1002, Altamonte Springs, FL 32714 (407) 786-6411 (407) 786-6411 (407) 786-6417
South Orlando* 115 841 Sand Lake Road, Orlando, FL 32809 (407) 888-5770 (407) 888-5770 (407) 888-2357
Tampa. 106 14332 North Dale Mabry, Tampa, FL 33618 (813) 269-7000 (813) 269-7000 (813) 269-7001
West Palm Beach. 171 4288 Okeechobee Boulevard, Suite 650, West Palm Beach, FL 33409 (561) 683-6868 (561) 683-6868 (561) 683-6862
AWS 312 277 Douglas Avenue, Suite 1002, Altamonte Springs, FL 32714 (407) 551-0255 (407) 551-0029
*1509002 Certified
Page 1 of 1
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ACORD.__
CERTIFICATE OF LIABILITY INSURANCE
DA r E (MMIDD:YYYY)
3/4/2005
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
: PRCDt...CEF{
~ Skinner & Associates
~030 Santa Monica Blvd. #207
Los Angeles, CA. 90025
310-478-5041
.INS:.JRE:J Apple One Arizona, Inc.
c/o All-In-1
P.O. Box 29048
Glendale, CA 91209-9048
INSURERS AFFORDING COVERAGE
. INSURER A LIBERTY SURPLUS INS. CORP.
i INSURER B FEDERAL INSURANCE CO.
i INSURER C EMPIRE INDEMNITY INS. CO.
, INSURER 0 ACE AMRICAN INSURANCE CO.
! INSURER E:
NAIC#
COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS. AOO'L POLICY EFFECTIVE; POLICY EXPIRATION I
LTR INSRO TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) . DATEIMMIDDIYY)
: GENERAL LIABILITY I
i X COMMERCIAL GENERAL LIABILITY
----r-., CLAIMS MADE : X ! OCCUR'
. ! !SSL-200910-0104
Is 1,000,000 I'
Is 50,000
: MED EXP (Anyone person) : S 5,000,
04 / 0 1 /05 I PERSONAL & ADV INJURY ! S 1, 000 , 000 J
; GENERAL AGGREGATE S 3,000,000:
PRODUCTs.COMPIOPAGG i S 1,000,000;
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL.30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR:
REPRESENTATIVES.
AUTHORIZ REPRESEN"j:ATIVE
\ 1 \,
'--
A
04/01/04
i
B
GEN.L AGGREGATE LIMIT APPLIES PER:
-I POLICY II ~r8T IX LOC
~OMOBILE LIABILITY
: X. ANY AUTO
~I ALL OWNED AUTOS
"--1
: , SCHEDULED AUTOS
X I HIRED AUTOS
_-I
I ~ NON.OWNED AUTOS
~I
04/01/04
I
I
I 04/01/05
I
I COMBINED SINGLE LIMIT
(Ea accident)
. BODILY INJURY
I (Pe, person)
, BODILY INJURY
i (Per acc'denl)
I PROPERTY DAMAGE
(pe, aCCident)
17326-53-34
I
GARAGE LIABILITY
i--IANYAUTO
I
AUTO ONLY - EA ACCIDENT
OTHER THAN
I AUTO ONLY:
i EXCESS/UMBRELLA LIABILITY
~i OCCUR L: CLAIMS MADE I
c= ;UM100786
I DEDUCTIBLE
-I
X I RETENTION S 10,000
i WORKERS COMPENSATION AND
I EMPLOYERS' LIABILITY
: ANY PRCPR.IETORIPARTNERlEXECUnVE
D OFFICERiMEMBER EXCLUDED?
i If yes. describe under
, SPECIAL PROVIStONS below
, OTHER
EACH OCCURRENCE
AGGREGATE
C
iWLRC43999709
I
I
I
i E.L DISEASE. EA EMPLOYEE S
I~L DISEASE - POLICY LIMIT! S
!
A ERRORS & OMISSIONS
ISSL-200911-0104
I EACH ACT
AGGREGATE
i :
I LJESCRIPTION OF OPERA nONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CRIME/DISHONESTY-HARTFORD #10BDDBV9242-4/1/02-UNTIL CANCELLED-LIMIT:
$3,000,000
*EXCEPTION: 10 DAYS FOR NON-PAYMENT OF
CERTIFICATE HOLDER
PREMIUM
CANCELLATION
I
***SAMPLE CERTIFICATE***
LIMITS
is 1,000,000!
Is
Is
I
$
EAACC S
AGG S
--I:
Is
5,000,000'
5 000,0001
is
1,000,000i
1,000,000
1,000,000
1,000,000
3,000,000
ACORD25(2001/08)
:=- E~\-\ \ ~'\T
~
-
-
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTJn..ED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECfIVE DATE.
WHEREAS, the City of Miami Beach awards private firms contracts to provide services for
the public. The City also providea financial assistance to promote economic development and job
growth. Such expenditures of public money also servo the public purpose by creating jobs.
expancUng the City's economic base, and promoting economic security for all citizens; and
WHEREAS, such public expcnditures should be spent only with deliberate purpose to
promote the creation of full-time, pennlDcnt jobs that allow citizens to support themselves and their
families with dignity. Sub-poverty level waps do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inldequate
wqes by providing their employees with social services such as health care. housina. nutrition. and
encrlY assistance. The City has a responsibiJily when spending public fundi to set a community
standard that pennits full-time workers to live above the poverty line. Therefore. contractors and
subconb'aCton of City service contract. should pay their employees nothinglclI than the living waae
herein described; and
WHEREAS, in addition to requiring livinl wages for City services provided by private
finns, the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION I;
That Division 6. to be entitled "Uving Wage Requirements for City Contracts", of Article
VI, entitled "Proc~ment", of Chapter 2 of the Miami Beach City Code entitled "Administration"
is hereby created to read as follow:
1 of9
Chapter 2
ADMINISTRATION
. ... .
Article VI. Procurement
. ... .
Division 6. Uvin, Wafe Requirements for Service Contracts and City Emlllo\lees
. ... ,..
Section 2-401.R..pr"
Deftnltlou
(a) "City" means the ,"oVClJlmcnt Qf Miami B~h or any authorized .,ents. any board.
.JeIlcy. commission. department. or other cntiJy thereof. or any successor thereto.
tb) "Cove~ EmDIQyee" means anyone emDloyed by the Citv or anv Service Contractor. as
(\lither defined in this Division. either full or part lime. as an emolovee with or without
benefits or as an i~dent contrasrtor.
tel.'Covered Bmolowr" means the eil)' and any and all Service Contractorl. whether
contractin, directlv or indirectlv with the City. and 8ubcontracton of a Service Contractor.
Cd) "Service Contractor". is anv individual. business entity. coJl)Oration (whether for orofit
or pot for profit). Dartnenh;p. limited liability COJQpany. joint venture. or t!JDilar business
who is conductin, busineu in t4iami BelCh: or Miami Dade County. and meet,J one {I) of
the two (2) followin. criteria:
{I} The Service Contractor is:
(a) paid in whole <<Dart fmm one or more oftheCity'llleneralfund:
c-.pital proiect finds. ~fI revenue funda. or IIlV other funds either
directly or indiJeCdy. whether by comoetitivc bid procell. informal
blell. rcquestl ror pooosaIs. some lann of solicitation. ne,odation. or
8peemenL or anv other decisiOO to enter into a conb'ICt: or
(b) enpFd in the bUlineu of. or part of. a contract to pl'Oyide. a
subcontraca to provide. or $imilarlv situated to DJOvide. services.
either din=cdy or indiJecdv for the benefit of the Citv. However. this
doea not awly to contracts related primarily to the sale of produca, or
E2dL
tel ."CQveted Services" are the tvoe of service. Durchased bv the City that are sublect to the
requinmenu of this Division which include the following:
(1) Ci,y Service Contracts
Contmcts involvin, the City"s expenditure of over $100.000 per year and which
include the followin, ~ of servp.:
(I) food ~on andIQf di81ribution~
(2) IeCUrity lel'Yi~:
(3) routine maintenance services loch as custodial. cleaninl.
coa:qputen. refuse removal. l'OJ'air. refinishilUL and rec~ling:
20f9
..
(4) clerical or other non-suoervisol)' office work. whether tefllROrlU:}'
or pennanent:
(5) transportation and ..kin, services:
(6) printin, and ~ction services:
(7) landsca-pin,. Lawn. and or _picultural services: and
(8) park and public place maintenance
(21Should anv services th81 8m bein2 nenonned bv Citv EmQlovees 8l the time t(\is
ordinaQce it enacted be IOlicited in the future bv the City to be nerfonned. bv ..
Service Contractor. such lerv;ces shall be Covered Services subiect to thi- Division.
SECTION Z~ ...F.... LIVING WAGE
(a) LlYlnll W.. Paid.
(1) Senlee COntndo....
AU Service Contractors. as defined by this Division. cnterinl into a contract with Jbe(
City of Miami Beach shall Day to all ita CD\Ployees who provide services covered \)y
this Division. a livin. waF of no less than S8.S6 an hoUr with health benefits. or a
livin, wlJe of not leas than $9.81 an hour without health ben.fita. as described in
this SeetiO'l1
(2) Cltv EDlBloy...
Eor Cil)l BlnDI~ under the City Dav plan. the Citv will be,Jin to ~ a livinl! Wa2C
,onsi.tent with the Roall and tenns of this Division on phue.in bais beJinninl in
the 200 J -2002 City budpt year. inf!rP..8.iq, on an annual basi, incremcnt8lly so u.st
the Uvin. Wqe is fully inwle~ted for Cj-.v employees in the 2003-~ City
bud,et year as ~ be a4.jusled Dursuant 10 lubaectiQD (e) below. 'fIIerBaf'ter. ~c;
UvinR WIUlI! to be oaid bv the Citv to ita emDloWJe& lIball not be eiect to the annual
indexin2 usinl! the ConAumer Price rft~1l for al~ Uno Conaumena CCPI-ID 1IDlirr.d
undB subsection eel ~'pw and inatP..8d &hAil be subject to nellotiatiOlU within UJe
collective banrainiQR structure.
(b) I{ealth Ben.... Por a Covered BJI\PIQYer or the CilY to comJ)Jv wjth the liviDII waee
DrOvision by choosin, to pay the lower WIRe scale available when a Covmed BntPlqyer also
DrOyjdea health benefits. such health benefits shall consist of pavment of at leui SI.2S :0:
hour towmds the provision of health care _fitl for Covered EmglQyees and th i
degen_IS. If the health benefits plan of the Coven:d Blnplover or the Citv reauirel an
initial period of emploYmlmt for a new employee to be eliJible for health benefiftJ (eliBibiliCy
RlrlOf,J) such Covemd EnmJover or Cicv may QualifY 10 DIY the S8.56 per hour wa., scale
durin, the new mnplQyee.s initial eligibility period pmvitWt the new emplowe }ViI) be DBid
health benefits upon cOlIQ)letion of the ~i8ibmty period. Proof of the proyilion of health
benefits must be submitted to the awardin2 authority to qualifv for the waJe rate for
emDIQYeeI with health be.ts,.,
te) Ind-'n.. The livina 'HIe will be automatically jndex~ eICh year _n, the Consumer
Price Index for all Urban Consumen eCPI-ID unless the City Commission detennines
it would I!9t be fiscally sound to implement the CPI-U in I oarticular year.
30f9
Cdl Certification Reaulred Betore Pavment. Any and all contnK:ts for Covered Services
sllQIJ be void. and no funds may be released. unless prior to enterina any 82J"eernent with
the ary for a Covered Services contract. the employer certifies to the aty that it wjJJ DaY
each of itl el1'\pJo)'eCS no leu than the Jivin2 wqe described in Section 2-408 (a). A
cOJ)Y of this certificate must be made available to the public upon J"eQuelt. The
certificate. at a minimum. must include the followinll:
l1} the namc. Address. and Dhone number of thc emplover. a local contact
penon. pc! the soecific DrQjcct for which the Covered Services contract
is soueht:
(2) the amount of the Covered Services contnICt and the City De,partment the
contract will serve:
(3) a brief descriotion of the pl'Qiect or service provided:
(4) a statement of the wa~ levels for an emolovees: and
(Sl a commitment to pay all elIq)loyccs a livin, wal!c. as defined by
~h Section 2-408 (al.
eel ObIerYatloD 01 Other La... Bverv Covered Emolovee shall be Daid not Jell than
biweekly. and without subsequent deduction or rebate on any account (exceot 81 such
oaYrOIJ deductions 88 are directed or pcnnitted by law or by a colJecti ve bqainin,
afl'l'CmenO. The Covered ~Ioyer shall pay Covered EnlpIQYCeI wae rates in
accordlllce with federal and all other aDDUcable Jaws such u overtime and similar waae
!!Da
en Podn.. A cOJv pC the livin, waRe rate shan be kept polled by the Covered EmoIQyct
at the aite of the work in a prominent place when: it can ellilv be seen and read b~ the
Covered BrnplQyees and shall be aawied to the employee within a JaIODabJe time after
a reqJICIl to do 10. Pollina R:Quirementa will not be required whe~ the Covered
EmploYer prints the followin2 statements on the front of Ihe COYefCd Bn1ploJee's tint
D8~k and evmy six montha tbmeaftt:r: "You lire Jeq,u= by City of Miami Beach Jaw
to be pmd at Jeut S8.56 doll... an hour. If you are not paid this hourly rate. contact YOUr
e~plo\'el'. an attorney. or the City of Miami Beach." All notices will be printed in
BnsJi.h. $Duish. and Creole.
C,l CoUedIve Ba....lnt~ Nothin, in this Division shall be read to ~}lire or authorize anv
Covered B~pJo,yer to reduce wapi set b] a collective barpinin, apeement or are
reauin:d under any prevailin. waJe Jaw.
40f9
SECTION 2-409. Reserved
IMPLEMENTATION
(8) Procurement $Declftcattons. The liviD! waRe shall be required in the orocurement
.pecifications for all City service contracts for Covered Services on which bids or Drq)OSalS
shall be solicited on or after the effcctive date of this Division. The orocuremcnt
loccifications for aooUclble Covered Services contracts shall include a requirement that
Service Contl'llCtors and their subcontracton.gree to produce all docomcntJ and records
rclatin, to ~yron and comgliance with this Division ooon reauest from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective. shall be subiect to the requirements of this Division.
(b) Information Distributed. All reQuests for bids or ROUClt. for DrODOSalS for Covered
Services contracts of $100.000 or more shall include approDriate infonnation about the
reqJlirements of this Divilion.
(c) Main_ana of Payroll Record.. P.Al!h CoveRd Bmolover shall maintain uawoIJs for
all Covered Employees and basic records rel.n, thereto Ed shall preserve them for a period
of three (3) vean or the tcnn of the Covered Senices contract. whichever is lZIeater. The
recorda shall contain:
(1) the nBlRe and address of each Covered Employee:
(2) the iob title and c)ulilleation:
(3) the number of hours worked each ~:
(4) the 81'OIs w.,es earned and deductions made:
(5) annual w"ea paid
(6) a CQj)Y of the locial security returns and evidence of oavment
thereof:
(7) a record of frin2c benefit payments includinlE contributions to
awrovcd plana: and
(I) a"y other data or information this Division sho~ld require from
time to lime.
(d) Reuor1lnll Pavroll. Everv I'X (6) months. the Covered Bmatovel' shan fite with the
Procurement Director a conmlete oavroll .howinll the Covered BmptOver'l navroll
recorda for each Coven!d EmDlovee woddnl on the conlr8ctt's) for Covmm Servicel for
one navmll neriod. Upon reouest from the Citv. the Covered ~)o)W shal) 9fOduce
for in~tion and cQ1Jyin, its D&vroU records for any or all of itl Covered BInpIowa for
any period coveRd by the Covered Service contract. The Citv mav examine oavroll
records as needed to ensUftl comoli8llce.
SBCTJON 2-410. RM.FI'_
COMPLIANCE AND ~ORCEMENT.
ea) ServIce ContndDr to Coooerate. The Service Contractor shall oennit City emolovccs.
,plI. or rcpraentativea to observe work bein, performed 81. in or on the project or matter
for which the Service Contractor has a contract. The City I'CJ'I'Csentativea may examine the
boob and recorda of the Service Conlractor relatinJ to the emploYlllellt and 1)~1l to
detennine if the Service Contractor is in cOfflDliance with the provisions of thil Division.
50f9
. (b) Co_taint Procedur~ and SanetloDs.
en An employee who believes that this Division aoplies or apDlied to him or her and
that the Service Contractor. or the City. is or wu not conwlvin, with the
l'DQuirements of this Division has B riJllt to file I cODlPlaint with the Procurement
Di~tor of the City. Complaints ~y employees of &Jle,ed violations may be made
at any --lJte fIKI shall be investiptcd within tbi~y (301 days by the City. Written and
oral statements by an employee shall be treated as confidential 1)J1~ Il\all not be
disclosed wUhopt the written consent of the employee ~ the extent tlJJo~ed bv the
Florida Statutes.
(2) AnY indiYJdtl111 or entitv 011' also file a complaint with the Proc~ment Di~or
of the City on behalf of an emlJ1o\'ee for invcstiption by the Citv.
(3) It shall be the ~ponsibilitv of the City to investh'IIM all alleptiona of violations
of thi. Division within thirty (30) daYL If. at any time.. t. Ci~. upoq investil~on
determines that a violatiOn of this Division hiS occ~ it shall. within ~ nO)
worki.. ~ of a findin, of non-cOIDDliance. issue a notice of corrective action to
the emoloyet' apq;ifyin, all meas of non-coJllPlianc:e and deadlines for IaOlutions of
the identified violations. If a Service Contrllctor faill to comply with any notice
i..!~. the Ci~ ManlFf or the City Manqer'l delienee may iSl~ an order in
writing to the Service Contractor. by certified fIlail or hand deliverv. notifviDl[ the
Service Contractor to ~ at an adminiltnllive hearin, before the Ci'y Man.,er
or the City Mana2el"'. desitnee to be held at a time to be fixed iq such order. which
date shall be not less than five (S) days after service thereof.
(41 The proccedin,.. shall be informal. but ,hall afford the Service Contractor the
li'lll to t~.tifv in the Service Contractor's own defense. ~t witnesses. be
I1lDI'CIented bv counsel. .ubmit re~vant evidence. croll examine witnClses and
object to evidence.
is) The proceedinp &han be recorded and minutes k. by the City. Any Service
Contractor requiting verbatim minutes for ill~rJal n:view may anan,e for the
services of a court reoorter at the CXDODlC of the Service ~ontractor.
(6) Within ten (10) days of the close of the hearina. the Citv M....er or the Citv
Mmar'a _pee .11 mnder a decision in wriain, determi9in, whether or not
the Service CQntntctor ;1 in comoIiance. or whether other actiqn shO'&Jd be taken.
or whether the matter should be c9ntinued. as the cue may be. and Itatin2 the
II:lIOn, and findinp of flCt.
m The City Mao.... or the City Man.r'. deaianee shall file findina with the
City ClerIc. . shaUsend a true and fP1JlCl ~ of his order ~y certified mailt
return receipt req~.ted. or by"and de1iveJy. to the buaineu address u the
Service Contractor shall de8ip1ate in wrieine.
l.} The City Man..,'s or des.pee's findin.. shall constitute the final
administrative action ofthc at)' for purooses of iudicial review under I~te law.
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(9) If a Service Contractor fails to seek timely appellate I'Cview of an order of the
City Mana2er or the City Mana2er's desienee. or to complY timely with such
order. the Citv may pursue the enforcement of sanctions set forth in Section 2-
410 (c),
lel Private RIot of A~tJon Anlut Service Contractor Any Covered Emnlovee of or
fonner Covered BIIlDlovee of a Service Contractor may. instead of wiliziml the City
admini.lI'II.tiye nmcedure set forth in thil Diyilion. but not in addition to such DI'OCedun:.
brinll an action bv filinsr luit .Slain.t the Covered Emolover in any c;ourt of COIQDetent
iurildiction to enforce the nrovisions of this Division and P"8v be AWArrtM back nay. benefits.
a"onlev'. fees. and cOAta. The anDlicable statute of IimitatioM for "uc:h a claim will be two
(2\ wan u omvidM in Florida Statute. Section 95.11(4)(c\ for an action for naYmenl of
Wa2ll1. The court _v also ilJ)oose sanctions on the Service COnb'8Clor. includinll those
beI'IOII. or entities aidin2 or abetting the Service Contractor. to include walle rellitution to
the affected CoveMd EmnJovee and dam_lles oavable to the Covemd Emolo\lee in the sum
of QO to $500 for eaclt week each Service Conh1lCtnr is found to have violated this Division.
Cd) SandlODl A_lnu Service Contneton. For violations of this Division. the City shall
sanction a Service Contractor bv l'CQuirin, the Service Contractor to pay waae restitution
at the employers expense for each affected employee an~ may access the folJowinJ:
(I) The City ~ impose dam~1IleI in the sum of $500 for each week for each
emploYee found to have not been ptid in accordance with this Division;
andlor
(2) The Oty may~usoend or terminate oavment under the CQvercd Services
contract or terminate the contract with the Service Contractor: andlor
(3) The Ciay may declare the elJU)lo.,yel' ineli2ible for future servicc contracts
for th~ (3) yean or until all oenalties and restitution have been paid in full.
whichever ia loo,er. In addition. all erqoloycrs shan be inelipble under this
section where principal officers of the employer were principal officcn of an
emplQycr who violated this Division.
Ie) Public Record of SanetloDs. All such sanctions recommended or imooled shaH be a
matter of public record.
(n ~... for AldlDl! and Abettin2. The sanctions in Section 2410 eel shall also ap"lv
to IQY PlU'\v or parties liclin, and .bettin, in any violation of thi. Division.
W Retalladon aad Dllc:r1m1nadoD Barred. A Covered BmoJover shall not dischlJ'2.c.
reduce [he coft'\PCDS81ion. or otherwise discriminate .pnst any Coyen:d EmDlo)'eC for
IIlIIdDR . coJlU)laint to the Citv. or otherwise uacrtin, his or her rillhts under this
Division. participaliosr in any of its proceedinp or uain, any civil remedies to enfon:e
hi. or her "JIlts under this Division. Altellations of nltaIiatlon or ctiscriminllion. if found
InJe in . oroceedina: under par&p1l,ph (bl or by a court of competent iurisdiction under
~.h eel. shall Rault in an oRler of restitution and reinstatement of a machlUlled
Covered Brnplovec with back p.,- to the date of the violation or such other relief as
deemed ~'propriate.
70f9
:
(hl Enforcement Powers. If necessary for the enforcement of this Division. the Citv
A........: Commission mav issue sub,poenas. comoel the attendance and testimony of
witnesleI and oroduction of books. DlDefl. recorda. and documents relatin, to paYrOll
records necessary for hearinlt. investiptions. and oroceedinp. In cue of disobedience of
the lubpocnL the City Attorney may aPlly to . court of comoetent iurisdiction for an order
reouirin2 the attendance and testimony of witnesses and nroduction of books. plq)Cn.
records. and documentl. Said court. in the case of the refusal to obey such 8ubj)oena. after
notice to the person sub>>oenaed. and upon findin, that the attendance or testimonv of such
witnessos of the production of such books. Daners. records. and documents. u the C8Ie may
be. is relevant or neccss8l:y for such hearin,s. investiptions. or proceedin,s. may issue an
order requirin2 the attendance or testimony of such witneaaea or the production of such
documents and anv violation of the court's order may be punishable by the court IS contcrIlJ)t
thereof.
(i) Remedla Herein Non.ExeluJve. No mme4v set forth in this Division is intended to
be exclusive or a prerequisite for ISIertin, a claim for ~lief to enforce the ripts under this
Division in a court of law. This Division shall not be constn1ed to limit an ~Iovce's ript
to brinlt a common law cause of action for wronJful termination.
SECI'ION 2. REPEALER.
All ordinances or pms of ordinances in conflict herewith be and the same arc hereby
repealed.
SECTION 3. SEVERAQILlTY.
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
he~by ordained that the provisions of this Ordinance shall become and be made 8 part of the Code
Qr the City of Miami Beach, Florida. The sections of this Ordinance may be returned.
80f9
SECTION 5. EFFECTIVE DAJ~.
This Ordinance shall take effe<:t on the 28th day of Aprll . 2001.
PASSED and ADOPTED this ~ day of April. 2001.
A nEST:
JJJt1 MAYOR
fuLl.J- falc.1~
CITY CLERK
1st radinl
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM cl LANGUAOB
& FOR BXBCUTlON
r-;;~L
1QlNY-~---...--_..
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
IIADMINISTRATION"; BY AMENDING ARTICLE VI,
ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED .IUVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b), ENTITLED "HEAL TH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE uELlGIBIUTY 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 aU
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
to promote the creation of full-time. permanent jobs that alow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care, housing, nutrition, and energy assistance; and
WHEREAS, the City has a responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore, contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City
employees. .
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT OF CITY CODE
That Section 2-408(b}, entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is
hereby amended to read as follows:
Chapter 2
ADMINISTRATION
* * *
Article VI. Procurement
* . *
Division 6. Living Wage Requirements for Service Contracts and City Employees
* * *
SECTION 2....08. LIVING WAGE
. . .
(It) H..lth ..R...... Fer a CEr.....st EMpleyer er Ihe Cit,. Ie _Mply wiIh the 1i')iAfi VJ8fie
pfe'ABien by sheesiAfl te pay Ihe IEFJJer lJ'J8ge B88le 8')8lable ,'AteA a CwJere" IiMpleyer
aile prvvkl81 healUl beAefit8, lush health benefita Ihall GBAsllt ef payfReAt ef at least
$1.2& per heyr _l8ml the pFe~:18IeR ef health 88M beAetIte fer Ce\'e.. &mpley8e8 aA"
lIelr "epeA"eAt8. If the heal~ benefits plaR sf the CEr/erest impleyer er ~e City re~lree
an IAitial peFiM ef empleyment fer a Aew eMpleyee te be eligible fer health seRefit6
(elifilbllllv p.Fiest) Iwsh Ce./e'" Iimpleyer er C~ may ~Yalify Ie pay the SI.I& per hewr
.fJafielGale "YFlng the Aew emp.e', eligibility peFie8 pF&\;de" the new empleY88 vAil be
pal" health seAetil& ..peA GeMpletleA sf the eligibility peAe". Prest ef the pNMBieA ef
h8altllla8flefit8 mwst be .Ytamlttest Ie the a'.va~iAg awtheFlly 18 ~Yall~' fer the 'Nale Fate for
e",..18)'8e. with health taeRefits.
~) Health aeneflts: .llalblltv Derlod. For a Covered EmDloverorlhe Cltvto comDlvwith
the livinG waGe provision bv choosInG to DaY the lower waGe scale available when a
Covered EmDlover also Drovid88 health benefits. such health benefits shall consist of
oavment of at least $1.25 Der hour toward the provIsion of health benefits for Covered
EmoIovee8 and their deDendents.
It the health benefits Dlan of the Covered EmDlover or the City reauir8s an initial ceriod of
emDlovment for a new emDlovee to be eliaible for health benefits (eliGibility period) the
living waae Drovlsion shan be comDlled with as follows durinG the eliGibility oeriod:
(1) Provided the new emDlovee wit be oaJd health benefits UDon the comDletlon of
the ellqiblltv Defied. 8 Covered EmDlover or the CItv mav onlv QUalify to DaY the
$8.56 per hour wace scale for a term not to exceed the first nlnetv OK>) dava of
the new emDfovee's ellalbllltv Deriod. said term commencing on the emDlovee's
elate of hIre.