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HomeMy WebLinkAboutCreative Staffing, Inc. (2) If the Covered EmDloyer's or the City's eliaibllltv oerlod exceeds the ninety (90) day term Drovided in subsection (1) a~e. then the Covered EmDlover or the City. commenclna on the ninety first 191 ) day of the new emolovee's elialbllity Derlod. must commence to Day 8 IiYing wace of not less than 59.81 an hour. Proof of the Drovision of health benefits must be submitted to the awardin~ authority to ~u8lify for the weae rate for emDloyees with health benefits. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repeated. SECTIO~ 3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance Is held invalid. the remainder shall not be affected by such Invalidity. SECTION 4. CODIFICATION. It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordlna~ce shall become and be made a part of the Code of the City of Miami Beach. Florida. The sections of this Ordinance may be retumed. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th day of , 2003. ATTEST: MAYOR tfLw~ flM ~ CITY CLERK -..."....... 1 st reading 2nd reading ".~Atl1O POIIMaLANGUAGII .1aI1XEOU11ON T:\AGENOA\2003\11pr0903\nlgul.r\Llvlng Wage Prob Per 04 03 ard.doc 11{Jtl e MIAMIBEACH PROCUREMENT Division MEMORANDUM TO: Bob Parcher - City Clerk FROM: Pamela Leja - Procurement Division DATE: August 30, 2006 SUBJECT: Professional Service Agreements Hello Bob, Following are four sets each of Professional Service Agreement for Temporary Personnel Services to be executed with AppleOne Employment Services, David Wood Personnel, Creative Staffing, Inc., and A1A Employment of Miami. Please call me upon being signed, and I will have them picked up and distributed accordingly. ~Ia Leja, CPPB Ext. 6650 ~ ~O 1/ ?~O~- ~,< /tJflJ~ -)iP09/ ;lip" - C7F PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CREATIVE STAFFING, INC. FOR TEMPORARY PERSONNEL SERVICES ON AN "AS NEEDED" BASIS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 37-04/05 ~ THIS AGREEMENT made and entered into this / / day of .JANlIJJI'-'~, 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 CREATIVE STAFFING, INC. (hereinafter referred to as Contractor), a Florida corporation, whose address is 7700 North Kendall Drive, Suite 300, Miami, Florida, 33156. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor. City Manager: The Chief Administrative Officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent Contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, as described in Section 2 and Exhibit "A" hereto. Fee: Amount paid to the Contractor to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 GENERAL The City is entering into this Agreement for temporary personnel services, on an "as needed basis", as set forth in Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto (the RFP) , and Contractor's Proposal in response thereto, attached as Exhibit "A" hereto (and collectively referred to as Proposal Documents) (the Services). Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill vacancies until they are permanently filled; and to work on special projects. 2.2 MIAMI BEACH ONE-STOP CAREER CENTER Contractor hereby agrees to utilize best efforts work with the Miami Beach One- Stop Career Center to recruit potential employees. 2.3 SCREENING, INTERVIEWING, TESTING AND TRAINING Contractor will be responsible for, and provide to the City, supporting documentations for screening, interviewing, testing and training of temporary personnel, to include: - In depth interview that includes job preferences, experience, goals, interest, attitudes, motivation and other work-related attributes. - Job-related tests to include typing and communication skills. - Background checks, to include drug testing, criminal checks, and credit history (for positions that may require the handling of City funds), all to be performed at the same level of stringency the City uses for screening its own employees for hire. - Verification that its employees are not convicted sex offenders. - Training employees on the City's Service Excellence Program. 2.4 INDEPENDENT CONTRACTORS For the purpose of this Agreement, Contractor acknowledges and agrees that any and all temporary personnel assigned by Contractor to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 2 SECTION 3 COMPENSATION 3.1 FEE Contractor shall be compensated for the Services, as set forth in Section 2 and . Exhibit "A", based on the temporary personnel services provided, as needed, by the City. The hourly rates set forth in this Agreement shall remain fixed and firm for the duration of the Agreement, subject to negotiation based on Consumer Price Index - Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate increases. 3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW Contractor acknowledges that it shall be required to compliance with the City's Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time. At the commencement of this Agreement, pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well as any subsequent amendments thereto. 3.3 TEMPORARY TO PERMANENT In the event that that the City, at its sole discretion, elects to employ a temporary employee, no fee and or penalty of any kind (resulting from the change in status of the temporary employee from temporary to permanent), shall be assessed by the Contractor. 3.4 INVOICING Contractor is required to furnish the following information on its invoices for temporary personnel supplied to the City: - Purchase Order number issued by the City's Procurement Division - Department and location within the City of temporary services provided - Full name of individual performing the service - Job classification - Number of hours worked, by date 3 All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. 3.3 METHOD OF PAYMENT Payments shall be made for Services satisfactorily rendered within thirty (30) days of the date of proper invoice. Contractor shall provide invoices in duplicate to the manager or department head of the City department utilizing the temporary personnel for which the invoices are for. With a copy to: City of Miami Beach Accounts Payable Department 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of two (2) years commencing on the last date of execution of the Agreement by the parties hereto. At its sole discretion, the City may renew this Agreement upon the same terms and conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30) days written notice to Contractor (such notice to be provided prior to the end of the initial term or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the Contractor shall commence upon receipt of a Purchase Order from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis. 4 4.5 INDEMNIFICA rlON Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-contractors, or any other person or entity acting under Contractor's control, including without limitation any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of this Agreement and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and alllegallequitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right 5 to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. I n such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami- Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the Contractor under the Agreement until the Contractor complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 6 4.8 AUDIT Contractor shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work / Services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the Contractor's payroll, and any other records, of employees assigned to the City. The City's audit rights shall include, without limitation, ascertaining Contractor's compliance with screening, interviewing, testing, and training requirements( pursuantto subsection 2.3) and the City's Living Wage Law. Contractor shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request; such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS Contractor shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Commercial General Liability: A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000 Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 2. Worker's Compensation: A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the Contractor or City, and shall name the City and the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty (30) days prior written notice to the City. The Contractor shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force 7 and effect at all times during the term of the Agreement. No work shall be done by Contractor during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the Contractor outside the Agreement, Contractor shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The Contractor shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance Contractor's failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Contractor shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The Contractor shall be liable for the Contractor's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the Contractor including with out limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Contractor. For the purpose of this Agreement, Contractor acknowledges and agrees that any and all temporary personnel assigned by Contractor to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any rights generally afforded Classified or Unclassified employees. Further, each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 8 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the Contractor. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). 9 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Creative Staffing, Inc. Attn: John F. Bitterman Sr. Vice President 7700 North Kendall Drive, Suite 300 Miami, Florida 33156 (305) 279-7799 TO CITY: City of Miami Beach Attn: Mayra Buttacavoli Director, Human Resources and Risk Management 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7520 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This Agreement and all exhibits hereto including without limitation, Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto, and Contractor's response to the RFP (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for Proposals No. 37-04/05, together with all amendments thereto, and Contractor's Proposal in response are hereby incorporated by reference into this Agreement, as Exhibit "A" 10 hereto; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 ,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $1 ,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The Contractor, its subcontractors, agents and employees, including with out limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and lor the provision of services hereto. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: ~>r PCU~ City Clerk Robert Parcher '1 d~'" , Date FOR CONTRACTOR: ATTEST: B~~~(W~ S cretary mAtelssA (2DsALeS Print lame ~ ;11100 Date CITY OF MIAMI BEACH, FLORIDA ayor David Dermer CJ II iLft b Date I / CREATIVE STAFFING, INC. F prin~ame e c7-l ~& Date Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum No.1 thereto, and Contractor's response to the Proposal. Exhibit "~" - City of Miami Beach Living Wage <A~O'J~s2R91-3301 and Ordinance No. 2003-3408. FORM & LANGUAGE & FOR EXECUTION 12 .== E~ H '6 iT f\.:::. Miami Beach ***** ~CIIJ , III '.' CITY OF MIAMI BEACH ~ - REQUEST FOR PROPOSALS (RFP) NO. 37-04/05 FOR TEMPORARY PERSONNEL SERVICES CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 WWW.mlamlbeachfJ.goY PameraLeja@miamibeachfl.gov PHONE: (305) 673.7490 FAX: (305) 673-7851 RFP NO. 37-04/05 DATE: 8/3/05 1 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 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/SouthfloridalDublic/home1.asp or call toll-free 1-800-677-1997 ext. 214. Any questions or clarifications concerning this RFP shall be submitted in writing by mail or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail: RFP NO. 37-04/05 DATE; 8/3105 2 CITY OF MIAMI BEACH PamelaLeia(Q>.miamibeachfl.Qov. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COpy OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED 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 THAT THIS REQUEST FOR PROPOSALS IS SUBJECT 10 THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER AS A LOBBYIST, AND AS OF MAY 18,2002, ACCORDING TO ORDINANCE NO. 2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE. Detailed representation of all these ordinances can be found on the City of Miami Beach Website at http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp. CITY OF MIAMI BEACH . ~.-" "",. 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 PROCUREMENT DIVISION Telephone (305) 673-7490 F.cllmUe(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 producVservice. _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 m this completed form, may result in your company being removed from the City's bid list. RFP NO. 37-04/05 DA TE: 8/3/05 4 CITY OF MIAMI BEACH TABLE OF CONTENTS SECTION PaQe{s) I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12-14 III. PROPOSAL FORMAT 15 IV. EV ALUA TION CRITERIA 16-17 v. GENERAL PROVISIONS 18-19 VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 21-29 VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32 JUi'I' NO. 37-04/05 DATE: I13JOS 5 CITY OF MIAMI BEACH SECTION I . OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach is seeking to enter into contracts for Temporary Personnel Services, on an "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. RFP NO. 37-04/05 DATE: 8/3/05 6 CITY OF MIAMI BEACH D. PRE-PROPOSAL SUBMISSION MEETING A PRE-RFP submission conference has been scheduled as follows: Date: August 16, 2005 Time: 10:30 a.m. Place: City Manager's Large Conference Room located at City Hall, 1700 Convention Center Drive, 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 mattefS 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/CANCELLA TION/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. RFP NO. 37-04/05 DATE: 8/3/05 7 CITY OF MIAMI BEACH H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer(s) and shall not be reimbursed by the City. I. EXCEPTIONS TO RFP Proposers must clearly 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. RFP NO. 37-04105 DA TE: 813/05 8 CITY OF MIAMI BEACH M. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, 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. a. 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. RFP NO. 37-04/05 DA TE: 8/3/0S 9 CITY OF MIAMI BEACH 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 RFP NO. 37-04/0S DATE: 813/05 10 CITY OF MIAMI BEACH member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. W. CODE OF BUSINESS ETHICS Pursuant to Resolution NO.200Q-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your 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. RFP NO. 37-04/05 DA TE: 8/3/0S 11 CITY OF MIAMI BEACH SECTION II - SCOPE OF SERVICES A. GENERAL The City of Miami Beach is seeking to enter into contracts for Temporary Personnel Services, on an "as needed basis., as specified in this RFP, from qualified Temporary Personnel 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. RFP NO. 37-04/0S DA TE: 813/0S 12 CITY OF MIAMI BEACH F. WEAR OF UNIFORM When temporary personnel are assigned to working events with the general public, they will be required to wear a uniform or a vest with the Agency's name and logo on it. G. TEMPORARY TO PERMANENT In the event that the City employs a temporary employee, damage fees (temporary to permanent charge) shall not be assessed. H. PAYMENT The basis of the amount of the payment shall be the hourly rate per hour times the number of hours worked. Overtime will be considered after forty (40) hours of work per week according to the Fair Labor Standards Act. The hourly rate quoted includes all overhead, profit and benefit costs to the Agencies, including employee's hourly rate, 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. RFP NO. 37-04/0S DATE: 8/3/0S 13 CITY OF MIAMI BEACH L. HOLIDAYS The City's holiday schedule shall be observed. In the event that the City requires a temporary employee to work on a holiday observed, the day shall be paid at the overtime rate. It is the responsibility of the using Department/Division to notify the temporary Agencies prior to a temporary employee working on Saturday, Sunday, Holiday or any overtime. M. EMPLOYEES ARE RESPONSIBILITY OF AGENCIES All employees of the Agencies shall be considered to be, at all times, the sole employees of the Agencies under its sole 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.D RFP NO. 37-04/0S DATE: 8/3/05 14 CITY OF MIAMI BEACH SECTION III - PROPOSAL FORMAT The items marked by an asterisk (*) are required as part of the Proposal. If these items are omitted, Proposer must submit within five (5) calendar days upon request from the City, or the Proposal shall be deemed non-responsive. All other items must be submitted with the Proposal or it will be deemed non-responsive. 1. *Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. *ProDosal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. · *Introduction letter designating areas of proposed services and sufficient information as to the qualifications of the proposer. · Respondents shall submit documents that provide evidence of capability to provide the services required as part of their submittal package. · *Respondents shall indicate how many years of experience their firm has in providing temporary personnel services. · Respondents must provide documentation which demonstrates their ability to satisfy all of the RFP requirements. · Respondents shall include their procedures for screening, interviewing, testing and training employees that will be placed with the City. · *Client references. List at least eight client references (name, title, company, address, telephone, e-mail address and fax) our Procurement Division may communicate with regarding your services. In addition, information for each reference shall include the description of temporary services provided; and estimated contract amount and volume of hours provided. 3. Fee Proposal: Submit the proposed fee structure, broken out by position description, relative to the Temporary Personnel Services Position Descriptions listed in Section VIII of this RFP. Proposers are not required to submit pricing for all positionsljob descriptions. 4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer Information forms; 5. *Any other documents required by this RFP. 15 CITY OF MIAMI BEACH RFP NO. 37-04/05 DATE: 813/0S SECTION IV - EVALUATION CRITERIA The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. An Evaluation Committee appointed by the City Manager, will recommend the most qualified Agencies based on the following criteria: Evaluation Criteria/Factors Weiaht Experience and qualifications of the Agency... ... ... ... ...... '" ... ... ... ... ... ... ... .30 points Screening, interviewing, testing and training program............ ... ... ...... ...... .20 points Proven performance of providing qualified and productive employees. . . .. . ... .30 points Billing rates............ ........................... ........................ .................. .....20 points 1 00 points 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP NO. 37-04/0S DATE: 8/3105 16 CITY OF MIAMI BEACH 8. Negotiations between the selected proposers and the City Manager take place to arrive at a contract or contracts. If the City Commission has so directed, the City Manager may proceed to negotiate a contract or contracts with a proposer or proposers other than the top-ranked proposer or proposers, if the negotiations with the top-ranked proposer or proposers fail to produce a mutually acceptable contract or contracts, within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has, or have, done so. ImDortant Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO. 37-04/0S DATE: 8/3/05 17 CITY OF MIAMI BEACH SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthori~ed assignment shall constitute default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 18 RFP NO. 37-04/05 CITY OF MIAMI BEACH DA TE: 813/0S D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. UP NO. 37-04/05 DATE: 813/0S 19 CITY OF MIAMI BEACH SECTION VI- SPECIAL lERMS 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 aU times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. RFP NO. 37-04/05 DA TE: 8/3/05 20 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. 37-04/0S DA TE: 813/0S 21 CITY OF MIAMI BEACH PROPOSER INFORMA liON Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any ~tems according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer. that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 37-04/0S DA TE: 8/3/05 22 CITY OF MIAMI BEACH ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04105 Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff Member Date Proposer - Name Date Signature RFP NO. 37-04/0S DA TE: 813/0S 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 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO. 37-04/05 DA TE: 8/3/0S 24 CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: RFP NO. 37-04/0S 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. 37-04/0S DA IE: 8/3/0S 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. 37-04/0S DATE: 813/0S 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 (CORPORA TE SEAL) Secretary RFP NO. 37-04/05 DATE: 8/3/05 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: General Partner Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: 29 CITY OF MIAMI BEACH VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS Item TEMPORARY PERSONNEL SERVICES 1. Secretary I Two years experience in secretarial and clerical work. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethniclmulti-cultural environment. Minimum 40 wpm. 2. Secretary II/Administrative Assistant Three years advanced experience in secretarial and clerical work including transcription, dictation and executive level experience. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi- ethnic/multi-cultural environment. Minimum 40 wpm. 3. Clerk Tvoist Responsible and varied clerical work involving moderately complex work methods and procedures. Requires proficiency in the use of the word processor and/or typewriter. Must type 40 correct words per minute based on dept. needs. 4. Clerk I Must possess basic typing and computer experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. 5. Clerk II One year experience in general clerical work, possess computer software experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. RFP NO. 37-04/05 DA TE: 8/J/OS 30 CITY OF MIAMI BEACH 6. Clerk III Three year experience in skilled typing and general clerical work, accounting & bookkeeping. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethniclmulti-cultural environment. Must type a minimum of 40 wpm. 7. Bookkeeper I Accountina Clerk" Three years experience in accounting, supplemented by course work in accounting or bookkeeping; or any equivalent combination of experience and training. Must have ability to work in a multi-ethniclmulti-cultural environment. 8. Customer Service Reps / Complaint Operator Responsible telecommunications work in the Safety communications Unit. Retrieving, evaluation, processing, modifying, and inputting information within various computerized and manual information systems. Type 30 correct wpm, effective communication skills, may include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi- cultural environment. 9. Customer Service Reps I Communications Operator Entry level responsible telecommunications work in the Safety Communications Bureau. Receiving, screening and relaying information for emergency and other calls utilizing a multi- line telephone and a computer aided dispatch system or other means. Effective communication skills, may include weekends, holidays, shift work. Must speak fluent English and one other language, have ability to work in a multi-ethniclmulti-cultural environment. 10. Personnel Technician I Complex clerical and technical work of a specialist nature. Interpretation of department operations, policies, procedures, dissemination of information, maintains records and reports, computes and compiles data; updates. Types forms, answers correspondence, prepares notices and minutes of meetinas. Knowledge of HR preferred. 11. Carpenter Knowledge and skills in carpentry work at the entry level in the construction and finish work including materials, methods and techniques. Maintenance and repair of city facilities. 12. Electrician Master Electrician's certification, prior experience with drawings and reading blueprints, design an installation of electrical systems. Skilled work at the entry level as an electrician in the construction, maintenance and repair of city facilities. RFP NO. 37-04/0S DA TE: 8/3/05 31 CITY OF MIAMI BEACH 13. Plumber Skilled work at the journeyman level as plumber with certificate of competency as a journeyman in the plumbing trade. 14. Service Worker Advanced and responsible manual labor duties of a skilled nature. 15. A1C Mechanic Skilled work at the journeyman level in the installation, maintenance and repair of air conditioning equipment, ~nd related apparatus. 16. Painter Skilled painting work at the entry level in the construction, maintenance and repair of city facilities. 17. Buver Specialized technical, clerical and administrative work in the purchasing of assigned commodities. Reviews purchase requests, assists with procurement problems, and solicits quotations. Enters information for issuance of purchase orders. RFP NO. 37-04/05 DATE: 8/3/05 32 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.goY PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 August 24,2005 ADDENDUM NO.1 Request for Proposals (RFP) #37-04/05 FOR TEMPORARY PERSONNEL SERVICES The following additional information as a result of inquiries from individuals is hereby forwarded: 1) The due date for the submission of Proposals has been extended to Tuesday. September 6. 2005 at 3:00 pm Eastern Time. 2) A breakdown of the hourly rates that were submitted under City of Miami Beach Invitation to Bid No. 55-00/01 in September 2001 Is attached. Not all of these agencies are currently providing services to the City. 3) Questions and Answers: Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the past year? Can this be broken out by office work vs. outdoor/tradesman/manual labor? Answer #1: In round numbers, the City paid approximately the following dollar values to temporary personnel agencies: FY2005 FY2004 FY2003 $1.1 million $1.3 million $1.2 million There exists no specific breakdown of the number of temporary employees that the City utilized or currently utilizes. that can be provided in a report format. It is estimated that at about 50% of the City's expenditures to temporary personnel agencies have been for office work; and about 50% have been for outdoorltradesmanlmanuallabor type positions. Question #2: As there are various methods of performing them, how extensive should the background checks be that the agencies perform? Are backgrounds performed at both the State and Federal level? How does the City handle foreign national background checks? Addendum #1, 8/24/05 RFP 37-04/05 Temporary Personnel Answer #2 The City conducts a background check consisting of a criminal background. This would include a check for the state of Florida, 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 'Iook 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 ofthe 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: What type of drug testing must be performed on all temporary personnel prior to assignment to the City? Answer #5: A five panel test, which must have negative results, consisting of the following: Initial Test Level GS/MS Confirm Test Level Amphetamines Cocaine Metabolites Marijuana Metabolites Opiates Phencyclidine 1000 ng/mL 300 nglmL 50 nglmL 2000 nglmL 25 ng/mL 500 ng/mL 150 ng/mL 15nglmL 2000 ng/mL 25 ng/mL Addendum #1, 8/24/05 RFP 37-04/05 Temporary Personnel 2 Question #6: Will City parking passes be made available to the temporary personnel? Answer #6: Yes, upon assignment, the department utilizing the services will address this with the temporary employee. Question #7: If the agency provides additional services that are not requested in this RFP, can the agency list them and provide rates? 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I ~ CREflTI\JE ~STf1FFING City of Miami Beach Request for Proposals (RFP) No 37-04/05 for Temporary Services ~ Table of Contents Section I - Overview and Proposal Procedures.....................l Section II - Scope of Services........ ........ ............. ......... ...2 Section III - Proposal Points to Address........................... .3-11 Section III - Introduction Letter....... ... .... ........ ........ ..... ...6 Section IV - Evaluation Criteria ....................................12 " Section V - General Provisions......................................13 Section VI - Special Terms and Conditions.......................13 Section VII - Proposer Information................................... ....14-24 Section VII - Acknowledgement of Addendum........... .... ...15 Section VII - Fee Proposal. . . .. . . . . .. .. . . .. ... . . . . . . . .. .. . .. . . . . . . ..16-18 Section VII - Declaration.. .. . . .. .... . . ...... .. ...... .. .... . .. ..... ..19 Section VII - Questionnaire....... ......................... ..... .....20-24 Additional Information for City of Miami Beach............... ..25-52 , I I [ I I I [ I I I I I Section I Overview and Proposal Procedures a. IntroductionlBackground - agreed b. RFP Timetable - agreed c. Proposal Submission - agreed d. Proposal Submission Meeting - attended e. Contact Person! Additional Information/Addenda - agreed f. Notification/Withdrawal of Proposals - agreed g. RFP Postponement/Cancellation/Rejection - agreed '. h. Costs Incurred by Proposers - agreed 1. Exception to RFP - agreed J. Sunshine Law - agreed k. Negotiations -- TVe respecljitl(v request the opportunity to present an "oral presentation" to the City ~lJIiami Beach 1. Protest procedure - agreed m. Rules, regulations, licensing requirements - agreed n. Default - agreed o. Conflict oflnterests - non-applicable p. Compliance with the City's lobbyist laws - agreed, non-applicable q. Proposer's Responsibility - agreed r. Relation of City - agreed s. Public Entity Crimes - non-applicable 1. Code of Silence - agreed u. Debarment Ordinance - agreed v. Prohibited Campaign Contributors by Vendors - non-applicable w. Code of Business Ethics - agreed x. Americans with Disabilities Act - agreed y. Acceptance of Gifts, Favors, Services - agreed ~ 1 'I\~ Section II Scope of Services A. General - agreed B. Terms of Contract - agreed C. Living Wage - agreed D. Prices will be fixed and Firm for the Term of contract - agreed, with the exception (?(changes in any client. local, state or federal mandate or. laws such as an increase in the living wage amount. increase in payroll taxes or other taxes over which the agene:v has no control. E. Payment -we agree to requestformat F. Wear of Uniform - agreed G. Temporary to Permanent - Creative Staffing will not assess damages to the City qf Afiami Beach jiJr tcmporw:v-to-permanent status change provided that the employee in question has worked at the City of Miami Beach through Creative StqjfingfiJr a minimum period (?(8 weeks of continuous employment. Creative Stl!tfing is open to negotiating on an individual cfne-by-case ~ituation as to the ve....ted interest (?lCi(v (?f A/-iami Beach. ~. H. Payment - agreed 1. Personnel Interview and Selection - agreed J. Miami Beach One-Stop Career Center - agreed K. Qualification - agreed ('reative Stc?fJing offers on unconditional guarantee for all contingent employeesfiJr 8 hours. No invoice will be generated should the City be unsati.~/ied with any employee during their first day of assignment. L. Holidays - agreed M. Employees are Responsibility of Agencies - agreed N. Screening and Interviewing, Testing and Training 1. In-depth Interview - agreed 2. Testing - agreed 3. Background Checks - agreed. additional cost listed as individual parameters are establishedfi}r individual job positions. Creative Staffing proposes to utilize the same background company that the City of Miami Beach utilizes through their Human Resource Department so that there lvill be no conflicts when the City of Miami Beach is interested in hiring a proposed employee. Creative StC?ffing proposes to do this on a cost basis. 4. Sex Offenders - agreed 5. Training - agreed. We will1l'ork with the City as this program is rolled out. .' ,. O. Audit - agreed P. Temporary Positions - agreed 2 .... Section III Proposal Points to Address 2.A. Introduction Letter - (See page 6 ) 2.B. Document providing evidence of capability 1. Recommendation from Dole (see page 7) 2. Recommendation letter from Freedom Fresh (see page 8) 3. Recommendation letter from Gables Engineering (see page 9) 4. Recommendation letter from Marquis Events International (see page 10) 5. Recommendation letter from A TLA (see page 11) 2.C. Number of Years of Experience of Firm Creative Staffing has served Miami for 19 years (December, 1985) Additionally all senior management staff joined Creative Staffing with a minimum of5- 10 years prior staffing and human resource experience, many holding previous vice presidential titles with previous staffing firms. 2.0. Documentation demonstrating ability to satisfy all RFP requirements 1. Creative Staffing has never lost a contract 2. Creative Staffing successfully serviced the City of Miami Beach in the past. 3. Creative Staffing awarded contract with Metro Miami-Dade County. 4. See complete proposal of products and services (see pages 35-45). This data provides explicit information pertaining to how Creative Staffing recruits, provides candidate matches, tests, reference checks and supervises contingent staff on assignment. 2.E. Procedures for screening, interviewing, testing and training employees (see pages 30-33) 2.F. Client References 1. Dole Fresh Flowers L.- Rick Prida Senior Vice President 10055 NW 12th Street Miami, FL 33172 (305) 925-7901 email: rick-prida@na.dole.com fax: (305) 025-7915 3 type of business: Clerical and Light Industrial annual income: $2.5 million hours: 1,600 to 20,000, weekly 2. First Data Merchant Services (contract) Mr. David Tripp - Director of Human Resources 3975 NW I 20th Avenue Coral Springs, FL 33065 (954) 851-7488 email:david.tripp@firstdata.com fax: (954) 227-6004 type of service: Clerical, Light Industrial, Accounting and Professional annual income: $2.5 million . hours: 1,500 to 4,500, weekly " 3. Gables Ene:ineerine: . Ms. Carey Reyes, Director of Human resources I 247 Greco A venue Coral Gables, FL 33146 (305) 774-4231 email: reyes@gableseng.com fax: (305) 774-4475 type of service: Clerical, Light Industrial, Accounting and Technical annual income: $500,000 . hours: 100 to 400, weekly /' 4. Freedom Fresh Mr. Jorge Vasquez - Chief Financial Officer \.,.r/ 8901 NW 33rd Street, Suite 100 Miami, FL 33172 (305) 715-5700 x203 email: jvasquez@freedomfresh.com fax: (305) 599-2273 type of service: Clerical and Light Industrial annual income: $600,000 . hours: 100 to 300, weekly 5. Sterline: Education Medial Amtext Mr. Bob Fisk - General Manger ;/ 5830 NW 163rd Street Miami, FL 33014 (305) 818-2155 email: bfisk@sterlingedu.com type of service: Clerical and Light Industrial annual income: $300,000 hours: 100 to 200, weekly ~ 4 6. City of Miami Beach Mr. Gus Lopez - Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000 email: guslopez@miamibeachfl.gov type of service: Clerical and Light Industrial annual income: $100,000 hours: 100 to 150, weekly 7. DHL Ira Manzarraga - Accounting Manager / 2700 Commerce Parkway, Suite 105 L/ Weston, FL 33331 (954) 903-6413 email: imanzarraga@dhlglobalmail.com fax: (954) 385-5903 type of service: clerical and Light Industrial annual income: $200,000 hours: 100 to 300, weekly 8. Gibraltar Bank Suzie Hise, Vice President of Human Resources (../" 220 Alhambra Circle, 8th Floor Coral Gable, FL (305) 476-5664 ~L:.. shies@gibraltarbank.com fax: (305) 476-4842 type of service: Clerical, Accounting and Professional annual income: $500,000 hours: 100 to 300, weekly 3 . Fee Proposal (see pages 16-18) 4. Acknowledgement of Addenda (see page J 5) 5. Additional Documents (see pages 25-52) ~ :,. . l 5 --..-------..--.------.------ -----------.-- - ---'---~ - - - - -- - -- - .. . f\"'" To: City of Miami Beach Procurement Division Creative Staffing has been in business since I 985. We have three full-service offices (KendaIVCorporate, Miami Lakes and Ft. Lauderdale) as well as 2 dedicated branches ("Vendor on Premise" contracts) in Coral Springs and the Doral area. Creative Staffing has numerous clients in the city of Miami Beach and works with the Miami Beach One-Stop Center and other centers of influence in the city of Miami Beach for recruiting of staff. In addition to the traditional Temporary, Temp- To-Hire and Payrolling Services, Creative Staffing additionally provides Direct Hire, Executive Search, Single Source Management Services, Vendor on Premise, Consultative Services and 1099 Conversions (see additional information on these services). Day-to-day overall operations of the company are overseen by Senior Vice President and COO John Bittennan, who has been with Creative Staffing for 10 years and has 20 years experience in the staffing industry. Creative Staffing currently has twenty-seven (27) full time employees. Should we be selected as a vendor again this year, the City of Miami Beach will be assigned to our Kendall Branch. The Kendall Operations team reports to Sue Goldstein, Vice President of Operations, who has been with Creative Staffing since its inception in 1985. The account will be co-managed by Dana Spector, Senior Account Manger, with more than 13 years in the staffing business, and Pamela Torres, a Vice President with more than 18 years with Creative Staffing. The skills serviced by Creative Staffing consist of the traditional Office/Clerical skill classifications, as well as Accounting, Data Entry, Clerical Support, Administrative, Human Resources, Light Industrial, Technical, Hospitality and Legal. It is our philosophy to partner with our clients to assure that our client is extremely satisfied with the skill sets and service provided additionally we espand this partnership to co-managing risk and safety issues. Creative Staffing is a totally owned and operated as a South Florida only company; where all the money goes directly back in to the local economy, versus being headquartered elsewhere. We have enjoyed working with the City of Miami Beach after having been awarded with the previous contract and hope to have the privilege of once again assisting the City with their staffing requirements and assisting with service to their internal customers and its residents and visitors. Sincerely, p~ B.:kJwv Pamela Torres Vice President ~+--_.~ 7700 North Kendall Drive · Suite 300 · Miami. Florida 33156 · 3051279-7799 . Fax 305/598-9692 6 D::lIe FrC.Sh FI~wers ."0'>, \i\\ I.. .,'''~., .'w'",,,,, fl.~:"., IIIIl .1',,,,I<'/'l(X) IH Illl'; \(j',. ',').I.lkJO .1... ..\()') ','>1 )081 August 5, 2002 To Whom It May Concern: Creative Staffing has worked with Dole fresh flowers for approximately five years. During this time, they have demonstrated total commitment to our company with customer service being their number one priority. Creative Staffing's employees are professionals who constantly strive to provide the best service to the client. Our business, fresh cut flowers, is a seasonal business. Regardless of the workload and the last minute orders we call in, they have always come through for us. They have a great team of employees that work together with that 'whatever it takes' attitude. We are very pleased to have Creative Staffing on our side and look forward to their continued dedication to our company. Sincerely, of ., 1. I \1' . !' ~ .' . \ I '; '0 _, i,"_ . Katherine A. Willis Manager, Human Resources II" 7 1 ~,'ti' II U : 1 ,I U n I I'n I.: '-i II . \; ,..j t 11" III ftt \f' I \ "1\1.,-11 t . August 5. .:!OIJ.:! To Whom It \1ay Concern: I am pkasell to recomnK'nd ('r~ati\e Starting to any tirnl relJuiring stafling services. I ha\'\.: workcd with Crcativc Stafling for ahout I S months and ha\'c heen plcased with the lluality orpersllnncl thcy Iw\'\.: Sl'nl. I ha\'l: also been extremely satisfied with the service k"c1 recei n:d. The sales, sCr\'ices, and cn:1l management team, h.I\'c hcen very involved with thc account. ensuring that our nceds wcre always heing met. I r~.'d that any company would h('lldit greatly from thl.' kn:1 or sen'icc and expertise hrought to the tahle hy ('rl'ati\ l' Starting. /"// rl'sidl.'nt and ('hid hnannal ()nii..'er 8 ;-"1)111,\\\. iir,I'l[fl',".'lllit: liHJ.\!t"'!I!, , I,.;;.!,: ';!"_',I_'_'/,-"I',"ll,' ,- - ( ,fl" i .I.-i-i-:'I)(). 1-;1\: l.~fI)) )IN-~OS(J ~. ;/ ~ j\V. GABLES INGINIIRINC, August 5. 2002 Recommendation of Creative Staffing I am pleased to have the opportunity of providing a reference for Creative Staffing an agency I have worked with for over 10 years, Since our first meellng, we were Impressed with their representallves' competence and straightforward manner They have conllnued to promptly respond to our wide range of needs Creative has made some valuable contrrbutions to our recrUiting efforts Since our 100.000 square foot facility houses both englneerrng and manufactUring organizations. It encompasses a diverse range of employees from warehOUSing and matenals planning to CNC machining and CAD system engineering We especially appreciated the lime and effort Creative took to successfully fill difficult positions such as technical writers with IT proficiency and electronic technicians that specialized in aVioniCS We have found their service to be fairly priced. consistent and reliable Their staffs experience and professional expertise IS commendable - other agencies do not have these qualifications Particularly in times such as these when the aircraft Industry IS In a downturn. we can turn to Pamela Torres and be well taken care of Yours truly. / / ( t<,-,. . /' /1/ /// /. ",_ 1'''_. ~r _. /' Cary Reyes Director of Human Resources ,i" . i ", J, I. '. .........~II... ISH 's" 1946 SO IIU!ISm 9 1-;~ Thr Lt!'ddt!'T In Ih/on/c Controls .and Systrms Siner ';, 1\ f' t '.-,1', J I '. !. I I: ,,\if 62SO Itit'er ... · SuIIe .jQ2O ..... U. 60018 867.311.OSOO PAX 847.318.052. March 12, 1999 John B~erman Creative Staffing 7700 N. Kendal) Drive, Ste. 300 Miami, FL 33156 Dear John: I wish to take this opportunity to express a heartfelt thank you for a job well done. The last minute confirmation of our fi'nal site in December placed a great deal of pressure on everyone. Your attention to detail for the hospjtality village was notice not only by me, but also the National Football league. It seems that the village gets a little more complicated each year, but the customers only noticed how beautiful the event was and how well it flowed. You were a great part. of making this happen. Whatever the future'may hold, I want you to know that you will always be a part of it. I thank you for all'your effort and time in making the 1999 Hospitality Village a huge success for our Customers and Marquis Events. Sincerely, IJ,/~ Bill Weigel Director of Production 10 ASSOCIATIO~ Of TRlAL lAWYER) Of AMEll!C... .-.:\ ~:."'.""...; ;).,;.. <;:1\ I 1 /\'::~ ,~'": .- . -" The I.eonard M. Ring LAw Cenfer 1050 31st Street. NW Washington, DC 20007 -4499 202-965-3500 WNIN.atla.org ,I'" February 25, 2002 Mr. John F. Bntennan Senior VIce President Creative Stafftng 7700 North Kendall Drive, Suite 300 Miami, FL 33158 Dear John: It was truly a pleasure to work with Creative Staffing. The SLJCC8S& of the 2002 Winter Convention of the Association of Trial Lawyers of America was enhanced by the services provided by yoLJr temporaries. each and every individual assigned to work at our convention wa. pleaeant and knowledgeable. This may have been the very fi.. time that temporary personnel assigned to A TlA actually read our policle. and prO<*iures befo", reporting to work. To afl of them. we say, -Thank you". Creative Staffing should be proud of Its employees. f will not mention individual names, however, I would be remles not to mention the cooperativeness of Chris VJcchiollo. He was attentive to all of our need.. Collectively the entire staff were a great group of people to work with and we wi" look forward to working with them .galn. Sincerely. ~ Sara H. Davlage. CMP Convention Manager BALAN C 1 N G THE SeAL E S 0 F J us T [ C E 11 .\\if Section IV Evaluation Criteria 1. Request for Proposal issued - agreed 2. Receipt of proposal - agreed 3. Opening and listing of all proposals received -- agreed 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. Iffurther infonnation is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. - agreed 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. -- agreed EVALUATION CRITERIA - agreed 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. - aarced b 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) 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. - agreed 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. - agreed 9. A proposal contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. - agreed 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the May and City Clerk sign the contract(s) after the selected proposer(s) has, or have, done so.- agreed 12 ~ Section V General Provisions A. Assignment - agreed B. Indemnification - agreed C. Termination for default - agreed D. Termination for convenience of City - agreed Section VI Special Terms and Conditions Insurance - Sl!e Certificate of1nsl/rance (see pages 49 & 50). City of Miami Beach will he named as c()-insl/ranccd upon receipt ~f award 13 It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting . a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during t e aforesaid evaluation/selection process until and unles co rar ee,n eed to and signed by both parties. ' . ~ September 6,2005 (AuthOlizKl Signature) (Datf') John Bitterman (Printt-d ~amt-) RFP :\0. 3:-04:'0:: D.-HE: 8:'~!05 2'-, .<. cln- Of In..nn BI:.\CH 14 ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 37-04105 ,'V 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. 'I, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated August 24th, 2005 Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff fv1ember September 2, 2005 Date Pamela Leja John Bitterman September 6, 2005 Date 23 15 VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS ~ Item TEMPORARY PERSONNEL SERVICES 1. Secretary I $15.40 per hour 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-ethnidmulti-cultural environment. Minimum 40 wpm. 2. Secretary II/Administrative Assistant $19.50 per hour 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 Typist $14.00 per hour 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 $13.86 per hour Must possess basic typing and computer experience and good people skills. Dependability and self motivation, work flexible schedule, including weekends and evenings. Must have ability to work in a multi-ethnic/multi-cultural environment. 5. Clerk II $14.70 per hour 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 ~O. 3i-U/O:: DATE: 8':3/05 30 (In" or lfiA...\1I BEACH 16 6. Clerk III $16.80 per hour 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 rvtS Word, Excel, other ~.tS office application programs. Must have ability to work in a multi-ethnic/multi-cultural environment. Must type a minimum of 40 wpm. 7. Bookkeeper l Accounting Clerk" $18.90 per hour Three years experience in accounting, supplemented by course work in accounting or bookkeeping; or any equivalent combination of experience and training. ""1ust have ability to work in a multi-ethnic/multi-cultural environment. 8. Customer Service Reps l Complaint Operator $14.70 per hour Responsible telecommunications work in the Safety communications Unit Retrieving, evaluation. processing, modifying, and inputting information within various computerized and manual information systems. Type 30 correct wpm, effective communication skills, may include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi- cultural environment. 9. Customer Service Reps i Communications Operator $15.40 per hour Entry level responsible telecommunications work in the Safety Communications Bureau. Receiving: screening and relaying information for emergency and other calls utilizing a multi- line telephone and a computer aided dispatch system or other means. Effective communication skills, may include weekends, holidays, shift work. Must speak fluent English and one other language, have ability to work in a multi-ethnic/multi-cultural environment 10. Personnel Technician I $16.80 per hour 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 meetinos. Knowledae of HR oreferred. 1'1, Caroenter Nt A 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 NtA ~'laster 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 :'\0. ~ 7-04:'05 DATE: 8':3':05 31 eln' OF lnA..\fI BEACH 17 13. Plumber N/A Skilled work at the journeyman level as plumber with certificate of competency as a journeyman in the plumbing trade. 14. Service Worker $15.75 per hour Advanced and responsible manual labor duties of a skilled nature.. 'IS. NC Mechanic N/A Skilled work at the journeyman level in the installation, maintenance and repair of air conditioning equipment, and related apparatus. '16, Painter N/A Skilled painting work at the entry level in the construction, maintenance and repair of city facilities. 17. Buver $21.00 per hour 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 :XO. ~7-0"!l}5 DATI: 8/3/0:: '32 (m- OF :\fiA..\1I BEACH 18 OECLARA liON .\'" TO: Jorge M. Gonzalez City Manager City of rv1iami Beach! Florida Submitted this 6 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 rv1iami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 37-04/05 SIGNATURE PRINTED NAME Senior Vice President! COO TITLE (IF CORPORATION) RrP ~O. ~:-O.kl):: 24 cln- OF lllAllI BIACH 19 gUESTIONNAlRE ~\.... Proposer's Name: Creative Staffing, Inc. Principal Office Address: 7700 North Kendall Drive Suite 300 Miami. FL 33133 Official Representative: John Bitterman Individual i (Circle One) Corporation If a CorDoration. answer this: When Incorporated: 1985 In what State: Florida If a Foreian CorDoration: Date of Registration with Florida Secretary of State: N/A Name of Resident Agent: N/A Address of Resident Agent: N/A President's Name: N/A Vice-President's Name: N/A Treasurer's Name: RFP :.'\0. 3i-O~:'O:: DATE: 8"'~:'O:: N/A 25 CITY OF :\llA_\:II BL-\CH 20 Members of Board of Directors: N/A If a Partnership: Date of organization: N/A General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS A Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 19 years - All Creative Staffing employees came with previous industry experience 2. Have any similar agreements held by Proposer ever been canceled? Yes ( ) No (v') . If yes, give details on a separate sheet. .-..,... ":'0 RTP ~O. 3'7-0~"'O:: D..-\TE: 8:'3:'0:: CITY or ~nA..\lI BEACH 21 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: N/A 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (vi') 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 (100/0). (Strike out inappropriate words) Explain any convictions: N/A 6. Lawsuits (any) pending or completed involving the corporation, partD~nhip 01' individuals with more than ten percent (10%) interest: A. List all pending lawsuits: N/A RFP ::\'0. ~7-0~"'O:: DATE: 8:'3:'O~ 27 (In" OF :lll.-\...'II BEACH 22 Questionnaire (continued) B. List all judgments from lawsuits in the last five (5) years: N/A C. List any criminal violations and/or convictions of the Proposer andlor any of its principals: N/A 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.) N/A 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) Ann Machado. John Bitterman. Pamela Torres, Sue Goldstein. Alex Barroso. Sheri Cholodofsky. Dana Spector. Carolyn Johnson. Christopher Vicchiollo. Josh Lohn. Marrissa Rosales. Edie . Rodgrigtiez. Juan Valdes. Mimi Rivinus. Brooke Emery Rudd & McKlusky. Attorneys at Law - Alan Lipps. CPA RTP ~O. ~"!-o.t:'O:: DATE: S:'!>:'O:: 29 C In- OF :UIA_\II BEACH 23 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 John Bitterman t Name (CORPORATE SEAL) Secretary IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Pri nt Name of Firm Address By: General Partner Print Name IF CORPORATION: Creative Staffing, Inc. Print Name of Corporation 7700 North Kendall Drive, #300, Miami, 33156 Address BY..: \ Ann Machado J ,~ i Attest:.. \~:\ '\;- , 'I '\ President ~~ i ' l;,~,_Ll<') RFP :\"0. 37_0~:'O:: DATE: 8:'3:'0:: 29 ( ITY OF :\llA..'II BE.-\CH 24 I ~ CREflTl\JE ~STflFFING Additional Proposal Inforlllation for City of Miallli Beach -Who we are -Recruitment -Services -Products - Management Reports -Invoice I Payroll Process -Certificates 25 Corporate Philosophy Considered South Florida's premier staffing firm, Creative Staffing is dedicated to anticipating the complex, changing needs of business and providing comprehensive, innovative staffing solutions to meet those needs. Since 1985 Creative Staffing has pledged to combine state- of-the-art staffing expertise and technology with the personalized service its customers expect and require. Services range from traditional Temporary and Direct Hire placement to partnering with companies to plan their contingent workforce needs. Giving back to the Community Creative Staffing's philosophy of service extends beyond the business community to the community at large. We at Creative Staffing believe every citizen has an obligation and a responsibility to give back Creative Staffing's dedication and innovation is evident in its thorough testing, evaluation and placement of Temporary and Direct Hire job candidates. Matching the right person with the right job, Creative insures a win-win situation for business clients and the employees who provide those services. Creative Staffing offers contingent and direct hire staffing in accounting, administration, office clerical, legal, technical, hospitality, facility staffing, production driven staffing, and contractual placement of management level executives, consultants and trainers. and help shape our .communities for the benefit of all its members. We contribute significantly, in terms of donations and personal involvement, to charitable, cultural and educational programs. fl.1ission Statement Creative Staffing is a dynamic business solutions company committed to making a significant contribution to our clients, our associates, our community and each other. As a strategic business partner, we are dedicated to providing customized staffing and training solutions in response to the changing needs of the marketplace. Through excellent service and utilization of cutting edge training and technology, we will exceed our customer's expectations. ~ CR€I1TI\J€ ~STI1FFING 26 Commitment to Total Quality Management Creative Staffing uses the Malcolm Baldridge A ward and ISO-9000 Certification criteria as a road map in the development of our quality process because it is directed toward dual result-oriented goals Total Quality Management is a philosophy and a way of operating that focuses on total customer satisfaction. TQM is achieved through the involvement of everyone associated with the organization working together to continuously improve all work processes that contribute to meeting or exceeding customer expectations. Thousands of Aunerican businesses are implementing quality initiatives in their organizations prompting their desire to develop relationships with vendors who are also involved in a quality process · To project key requirements for delivering ever improving value to customers. · Maximizing the overall productivity and effectiveness of the delivering organization. To achieve these results-oriented goals, the criteria are built on a set of values that together address and integrate the overall customer and company performance requirements. They include: · Zero tolerance for defects · Leadership · Long-range outlook · Management by fact · Partnership development · Public responsibility · Quality Control Program. · Continuous improvement · Full participation · Fast response · Design quality Mission Statement Creative Staffing is a dynamic business solutions company committed to making a significant contribution to our clients, our associates, our community and each other. As a strategic business partner, we are dedicated to providing customized staffing and training solutions in response to the changing needs of the marketplace. Through excellent service and utilization of cutting edge training and technology, we will exceed our customer's expectations. ~ CR€ATI\J€ ~STAffING 27 ,'; Awards & Honors Recipient, "Miracle Maker" Award Big Brother/Big Sister 2004 Of South Florida Finalist, Woman Entrepreneur of the Year South Florida Business Joumal 2001 Finalist, Thelma Gibson Award Women's Chamber of Commerce 2000 Finalist, Jean Bellamy Award Greater Miami Chamber of 2000 Commerce Outstanding Lifetime Member Florida Staffing Services 1999 Listed "500. Largest Women Working Woman Magazine 1998 Owned Businesses in the U.S.A. National Woman Entrepreneur of the YWCA of the U.S.A. 1998 Year Mission Statement Finalist, Cutting Edge Award Greater Miami Chamber of 1996 Creative Staffing is a dynamic business Greater Miami Chamber of solutions company Finalist, 1st Annual Cutting Edge Award 1995 committed to making a Commerce significant contribution to our clients. our Philanthropic Woman of the Year Florida Small Business 1995 associates. our Development community and each Spectrum Awards for Women American Red 1995 other. Entrepreneurs Cross As a strategic business Blue Chip Enterprise Initiative Award Nations Business & U.S. Chamber 1994 partner, we are dedicated to providing customized of Commerce staffing and training Trendsetter Barometer Cooper & Lybrand 1994 solutions in response to the changing needs of the On going marketplace. Positively Miami MCI 1994 Through excellent service (Customer Service Award) and utilization of cutting edge training and Business Woman of the Year Beacon Council, NAWBO 1994 technology, we will exceed our customels Finalist, Entrepreneur of the Year 1993 expectations. Inc. Magazine, Merrill Lynch, Emst & Young Avon Woman of Enterprise Avon Products and the Small 1993 Business Named to Inc. 500 List Inc. Magazine 1993 Abilities Volunteer of the Year Abilities of Florida 1992 Hispanic Service Company of the Year Minority Business Development 1992 ~ CREATI\lE Council Entrepreneur of the Year The Florida Regional Minority 1989 ~STIIFFING Purchasing Council 28 Award Organization Year Associations & Affiliations I Memberships Orqanization Greater Miami Chamber of Commerce Beacon Council United Way of Greater Miami SI. Thomas University Florida Staffing Services Association Komen Foundation Board, FI. Lauderdale, Miami Women's Fund of Dade County FI. Lauderdale Art Institute YWCA of Greater Miami Abilities of Florida American Staffing Association Independent Staffing Forum National Association of Women Business Owners National Association of Personnel Services Greater Miami Society Human Resource Management National Association of Female Executives Miami Lakes Industrial Park Association Chamber of Commerce: - Boca / Palm Beach - Coral Gables - Hialeah / Miami Lakes - Plantation - Weston - Women's Chamber Board of Trustees Board of Trustees Board of Trustees Chair of the President's Board of Advisors Board of Directors, State Past President Board Member/Grant Chair Board of Directors Faculty Advisory Board Past President Board of Directors Past President Leadership Member Board Member Member Business Woman of the Year, 1993 Member Member Member Speaker's Bureau Member Member ~','.' Mission Statement Creative Staffing is a dynamic business solutions company committed to making a significant contribution to our clients, our associates. our community and each other. As a strategic business partner, we are dedicated to providing customized staffing and training solutions in response to the changing needs of the marketplace. Through excellent service and utilization of cutting edge training and technology, we will exceed our customer's expectations. ~ CRE/HI\JE ~STIIFFING 29 Sourcing Methods Creative Staffing's quality control of applicants begins with recruiting and staffing by experienced recruiters who also attend job fairs, maintain relationships with community referral sources and continuously monitor our "inventory" of associates, matching this to current and anticipated demands of our customers. We also obtain a tremendous number of highly qualified applicants from our Direct-hire Division. Frequently, candidates seeking full time employment possess a wider range of skills, higher skill levels and a greater degree of professionalism. All applicants for Direct-hire employment are entered into the computerized applicant database and are offered contingent positions for which they qualify. Creative Staffing uses a variety of methods to recruit the best possible personnel the market has to offer, including: · In-house recruiters · Employee referrals · Customer referrals · Classified advertising · Radio/Magazine · Technical, trade and business schools · State employment offices · On-line recruiting · Minority referral services · Non-profit community placement services · College recruiting · Job Fairs .. Religious organizations · Out placement services/re-Iocation specialists · Chamber of Commerce and other business organizations · Creative Staffing Learning Center I ~ CR€I1TI\J€ ~STI1FFING 30 Selection Process Employee Skill Initial Contact: Documentation Interview Skill Test Orientation Applicant is screened in assessing many factors, such as: · Communication skills · Past education or experience · Documentation verifying completion of the 1-9 · The appropriateness of registering with us for the kinds of jobs they are seeking Upon arriving in our office at the appointed time, applicants are given specific forms to complete, including: · Creative Staffing's Application · W-4 · 1-9 · Sign off on drug and safety policies · Credit and criminal releases where appropriate · Proof ortegal right to work in the U.S. Each applicant is then given a personal one-on-one interview with an experienced recruiter. Some of the issues we explore include an individual's: · Commitment to arrive to an assignment every day in a timely manner · Past work experience and education · Type of work they prefer and can perform · Geographical preferences · Acceptable pay rates · Appropriate attire and professionalism for work they seek · Issues impacting type of work they can do or wish to perform The applicant is given a minimum of three related skills tests to determine their skilIlevel. After testing, the staffing consultant discusses positions and salaries the applicant should anticipate. Each applicant is given an orientation package inctuding: · Dress codes · Procedures for time card completion, approval, and deadlines · Drug policy · Confidentiality issues · Safety regulations . Procedures for absence and tardiness · Probation, disciplinary and termination procedures and policies · Professionalism expected I Job psslqilll1ent ::;.ei;;,c:ion Process Should a part-time or full-time On-Site Manager be requested, a more detailed orientation will be possible, thereby increasing the associate's immediate value to you. Training and orientation time will also be greatly reduced ~ CR€/HI\J€ ~STt1FFING 31 Selection Process Employee Data Base Qualitv Control Pre-Screens aWlz I Skill Check Customized Skills Testing Performance Reference Checking Background Checks Benefits · Suitability Analysis · Testing and Training · Technical/Clerical · Behavioral interviewing · Detailed work history obtained · Professional job references obtained · Telephone reference verifications · Reference requests sent by mail · Customized to client companies · Sign off on drug policy · Sign off on safety policy · Authorizations obtained for credit checks · Authorizations obtained for criminal background investigations · Strategic alliance with local background investigation resources · Social Security verification · Driving record · Criminal conviction history (county, state. federal) · Worker's compensation history · Consumer credit reporting · Educational verification · Professional license verification · Drug testing (customized) · Competitive salaries · One week vacation for every 1,500 hours worked · Major medical plan with North American Life and Casualty Company (National Association of Temporary Services) · Instant pay advances for emergencies · Salary increases commensurate with skills and experience · Special incentive programs · Referral bonuses · Reimbursement of parking and transportation as appropriate · Retention and completion bonus program · Cross-training in data entry and word processing · Creative Staffing Learning Center Courses · Creative Staffing's "Recognition" program Gob related and community service excellence) ~ CRE:/HI\JE: ~STIIFFING 32 Selection Process Absenteeism and tardiness must be called in to our office as soon as the associate is aware there might be a problem. At the time of initial intake and upon each assignment commitment, we explore scheduled vacations, doctor's appointments or any situation that may interfere with attendance (and contingency plans in place). One infringement places them on probation. The second avoidable or unexcused absence/tardiness will lead to their immediate dismissal. We do enforce this policy and we have earned a reputation for doing so. Once each applicant has completed the interviewing and testing process, all appropriate reference and background checks are completed. This information is entered into the Staffcord software system and the data is available immediately to all Creative Staffing staff regardless of physical location of the branch, department or division. When a staffing request is received, a search is made to identify numerous variables such as skills, salary, background experience, working hours, geographical location, Direct-hire or temporary status, long or short term employment, and other relevant data. I ~ CR€IHI\J€ ~STt1ffING 33 Quality Control Orientation (Job Specific) Applicants are given specific detailed information on each assignment. Appraisal-Evaluation On-going Feedback Process Performance appraisals will be conducted on an on-going basis from the time the client first meets their contingent employee until their assignment has been completed and the client's satisfaction is ensured. Each quality appraisal includes inquiries on the temporary employee's ability, attitude, punctuality, skill match and professionalism. Quality Appraisals: · First Day Arrival Call: Confirms prompt arrival · First Day Quality Call: Confirms that associate meets or exceeds client expectations · Weekly Quality Calls: Monitors the on-going performance of the associate · Assignment Completion Quality Calls: Evaluates the overall performance of the associate employee · Monthly Review: Upon request, a Service Manager and/or the Quality Assurance Manager will conduct a thorough review of all temporary employees assigned · Quarterly Review: Upon request, provides thorough, timely management /feedback data · Annual Reviews: An annual review with Human Resources, and/or department managers for budgetary adherence and total customer satisfaction · Impromptu Monitoring: Available at any time the client should desire a quality or financial review I ..'...>. ....'.. . j 1...... ,-< - ~ CREIITI\JE ~STllffING 34 J ] ] Progressive Program Design and Implementation ] .. I 1 .J Department . 1 ~ Measures f I , I j ., .; .. Progressive , Implementation : i · Historical · Forecast · Variability · Recruiting Plan · Selection Criteria · Database · Information Needs · Orientation & Technical Training · Technology Selection · Cross-Functional .J .; Monitoring : Partnerships l , J · Controlled · Targeted · Proactive Orientation · Data Gathering · Performance Reviews · Goal Revision I ,J I ] < l Supplementing ; I , ] · Historical · Forecast .. Variability ] ] . ::~....~"".;.w';_~ ';,; -'~>';'c>:':;'" '~~:,.;::,.:. .;!'~~,':~,;:."v: ~~> · Historical · Forecast · Variability · Management Reports · Strategic Partnering ] ] ] .I~ t ! CREflT/\JE: ~STf1FfING 35 Services offered by Creative Staffing Depending on your requirements, Creative Staffing offers a wide variety of solutions, which can be customized to suit your particular needs. T emporary-to-Full- Time Staffing Services Direct-Hire Services Payroll Transfer Plan Services 1099 Conversion Services Productivity Staffing One-Call Staffing Services Master Vendor Services Vendor~n-Premise Services Consultative Services Adds supplemental staff to a firm's core 'M:>rkforce for a fixed riod of time. Convert a contingent staffer from Temporary to "Permanaenf' (full-time) status without a fee. Recruitment and placement of "permanent" full-time staff members. Permits company to employ full or part-time personnel without placing these staffers on the company's full-time ("permanent', roll. Integration of facility staffing supplemental staffing and core employees to address a com an's variable demands u n labor. Permits company to outsource their staffing function to one vendor. (Utilizes back-up vendors as needed. Permits client to outsource their staffing function to a staffing firm with a "branch office" on their remises Permits corporations to outsource Human Resource responsibilities on an "as needed" basis I Note: ~ CR€ATI\J€ ~STAf"f"ING 36 Temporary Staffing Services Adds supplemental staff to a firm's core workforce for a fixed period of time Program Create and implement recruiting methods. Interview, test, reference check and offer position to qualified personnel. Assume responsibility for salary, worker's compensation, unemployment, payroll taxes, liability insurance and benefits. Provide inventory of job ready candidates. Guarantee quality satisfaction. Provide management reports. Benefits: Frees management to pursue core functions. Utilizes staffing professionals' expertise, knowledge, contacts, and skills to perform recruiting functions. Reduces staffing costs. Eliminates administrative functions associated with adding staff. Reduces employment responsibilities. Shifts employment liabilities to third party. Permits company to expand or contract its workforce in a timely manner without residual costs. Reduces head count. Permits managers to observe skill and performance before making a "permanent" (full-time) hiring decision. I ,,\'.; "Creative Staffing sends us people that blend in so well that we forget they are temporaries .. Note: ~ CR€f1TI\J€ ~STIIFFING 37 Temporary to Full-Time Staffing Services I Convert a contingent staffer from Temporary to "Permanent" (full-time) status without a fee "Many of our full time staff began with us as Creative Staffing temporaries. They fit in so perfectly we had to hire them" Program Analyze positions and create position descriptions. Create and implement recruiting plans. Interview, test and reference check. Offer position to qualified personnel. Assume responsibility for salary, worker's compensation, unemployment, payroll taxes, liability insurance and benefits for a thirteen-week period (520 hours). Benefits: Frees management to pursue core functions and increase revenues. Lowers staffing costs. Shifts unemployment and worker's compensation risks during "probation" period. Note: Permits managers to observe skill level and performance before making a "full-time" hiring decision. Provides a source of available full-time ("permanent '') employees in a cost efficient and timely manner ~ CR€~TI\J€ ~ST~ffING 38 Direct-hire Service Recruitment and placement of "permanent" (full-time) staff members Program Assist in preparing job description (when requested). Assist in salary determination (when requested). Create and implement recruiting plans. Interview, test and reference check. Offer position to qualified personnel. Guarantee placement for one-year. Benefits: Frees management to pursue core functions. Utilizes staffing professionals' expertise, knowledge, contacts, and skills to perform recruiting functions. Permits maximum discretion and confidentiality. Provides access to target recruits. Assures that only top quality personnel are added to core staff. I "When we calculated the cost of advertising, screening, interviewing, background checks and references, we realized the value of outsourcing this function to Creative Staffing" Note: ~ CR€t1TI\J€ ~STt1ffING 39 Payroll Transfer Plan Services Permits company to employ full or part-time personnel without placing these staffers on the company's full-time ("permanent") payroll. Program Client company selects individual, pay rate and special compensation factors. Transfer of current or newly recruited personnel to Creative Staffing payroll. Creative Staffing assumes responsibility for salary, worker's compensation, unemployment, payroll taxes, liability insurance and benefits. Maintain all administrative paperwork connected with payroll. Provide management reports. Benefits: Reduces staffing costs. Eliminates administrative functions relating to employees. Reduces employment responsibilities. Shifts unemployment, worker's compensation and other liabilities. Permits company to expand or contract its workforce in a timely manner without residual costs. Reduces head count. Permits managers to observe skill and performance before making a permanent hiring decision. I "I run a small, lean and mean company. I do not have the time or energy to administer a weekly payroll, let alone the government forms. Creative Staffing has taken this worry off my hands. " Note: ~ CR€IITI\J€ ~ST/1FfING 40 1099 Conversion Services Convert independent contractors to Creative Staffing's payroll. Program Client company identifies candidate, pay rate and special compensation factors. Transfer of independent contractor from 1099 status to Creative Staffing employee. Creative Staffmg assumes responsibility for salary, worker's compensation, unemployment taxes, payroll taxes, liability insurance and benefits. Maintain all administrative paperwork connected with payroll. Provide Management Reports. Benefits: Shifts unemployment, worker's compensation, discrimination and other liabilities to a third party. Eliminates administrative functions relating to employees. Positions company to more readily disengage itself from contractor when other skills are required. ..v ~ I " Our in-house counsel was concerned with our liability regarding all our independent contractors. We were relieved to learn Creative Staffing would convert them to contingent staffers and invoice us weekly" Note: ~ CREATI\J€ ~STtlffING 41 One-Call Staffing Services Permits company to outsource their staffing function to one vendor. I Consult with client company to determine desirable levels of contingent and full-time staff Accept requests to source appropriate contingent and full-time staff. Create and implement recruiting methods. Interview, test, reference check and offer position to qualified personnel. Assume responsibility for salary, worker's compensation, unemployment, payroll taxes, liability insurance and benefits. Provide inventory of job ready candidates. Guarantee quality satisfaction. Provide management reports. Coordinate with other staffing firms to assist us as needed. "My Human Resource staff spent hours ordering, tracking and managing our various staffing vendors. Now we have one contact, we are saving a lot of time... and time is money" Program Note. Benefits: Frees management to pursue core functions. Permits client to interface with one vendor only. Utilizes staffing professionals' expertise, knowledge, contacts and skills to perform recruiting functions. Reduces staffing costs. Eliminates administrative functions associated with adding staff. Reduces employment responsibilities. Shifts employment liabilities to a third party. Permits company to expand or contract its workforce in a timely manner without residual costs. Reduces head count. Permits management to observe skill performance before making a "permanent" (full-time) hiring decision. Permits all staffing costs to be centralized. Allows for comprehensive management and financial reports. ~ CRE:IITI\lE: ~STIIFFING 42 Master Vendor Services I Permits company to outsource their staffing function to one vendor "No one knew where everyone was from or how much they were costing us... Now I get weekly reports detailing everything I need to know... There is one contact who coordinates everything" Program Consult with client to determine desirable levels of contingent and full-time staff. Accept requests to source appropriate contingent and full-time staff. Create and implement recruiting methods. Interview, test, reference check and offer position to qualified personnel. Assume responsibility for salary, worker's compensation, unemployment, payroll taxes, liability insurance and benefits. Provide client with single contact person. Guarantee quality satisfaction. Provides management reports. Identify other staffing firms to work directly with us to assist as needed. Note: Benefits: Frees management to pursue core functions. Permits client to interface with one vendor only. Utilizes staffing professionals' expertise, knowledge, contacts and skills to perform recruiting functions. Reduces staffing costs. Eliminates administrative functions associated with adding staff. Reduces employment responsibilities. Shifts employment liabilities to a third party. Permits company to expand or contract its workforce in a timely manner without residual costs. Reduces head count. Permits managers to observe skill and performance before making a "permanent" (full-time) hiring decision. Permits all staffing costs to be centralized. Allows for comprehensive management reports. ~ CR€fHI\J€ ~STt1FFING 43 Vendor-Cn-Premises Services I Permits client to outsource their staffing function to a staffing firm with a "branch office" on their premises "Too many managers and Human Resource personnel were spending too many hours coordinating our agency staff.. now Creative Staffing is on site and they take care of everything" Program Consult with client for appropriate levels of contingent and full-time Accepts requests to source appropriate contingent and full-time staff. Process all necessary iob requisitions. iob descriptions and other Create and implement recruiting methods. Interview. test. reference check and offer position to Qualified Assume responsibility for salary, worker's compensation, lInemnlovment. n:wroll taxes. liahilitv insnrance and henefits for Provide inventory of iob ready candidates for temporary and Direct- Provide increased communication guarantying Quality satisfaction. Provide comprehensive management reports. Handle all related record keeping of time cards. invoices and reports. The On-Site Manager is provided at a nominal fee or no charge with a minimum of 50 temporaries on-site at all times. Additional ...,~n~np...,pnt f'pp,", rn~" hp l"pnn;rprJ f'nr ~rJrJ;t;nn~1 ,,~ll1P_~r1rJPrJ NotE: Benefits: Centralizes recruiting and staffing function to non-core staff Frees management to pursue core functions. Utilizes staffing professionals' expertise, knowledge, contacts and skills to nerform recmitinp fimctions. Reduces staffing costs (F. TE. with minimum or no additional Eliminates administrative functions associated with adding staff. Reduces employment responsibilities for contingent staff. Shifts employment liabilities to a third party. Permits company to expand or contract its workforce in a timely manner without residual costs. Reduces head count. Permits managers to increase communication and feedback to ~ CR€IITI\J€ ~STt1ffING 44 Consultative Services I Permits corporations to outsource Human Resource responsibilities on an "as needed" basis "We can not afford a large Human Resource staff, yet we often have questions pertaining to staffing compensation and recruitment. We bring in just the right talent at the right time. " PrOQram Staffing professional meets with company representative to discuss perceived needs or issues. Varied approaches or solutions are proposed or discussed. Program is designed to address issue(s). Outside consultants are introduced as appropriate. Benefits: Permits a corporation to access critical information/personnel on "just-in-time" basis. Prevents maintaining full-time personnel for skills that are required on a part-time basis. Provides critical "up-to-the-moment" information. Allows infusion of ideas from others without pre-existing loyalties or bias. Note: Permits management to have low-cost time-limited reality checks. ~ CREAT/\JE ~ STAfFING 45 Cumulative Reports CII_~""'''',_, -....... ..._... I. ....__ ~..u Utili" _.11 ~ 11....1._. _. ..... ~_ _.....~ .... I_l.... .,.ft ....,... ___, ...,__ 'HilI" 4M.I .ll/ure _. ",,,... ~ 1AIIlI8. n/tl/M one. iJI'DCII_ __, _T _'~"1111.. 1 ....I~ mn., ~. c.MlI .... ~ tJ/'''I/.. .".. cel"-I _. ~ ."'I_~ I,n".. ~~., ~.w~~f~:,r"~: ........--.- _."._ """HUo"./lt'" _ .,. 1111"" "." U/.U" - - - -. .. "' 11.." ..." II.It lI.n ",.,. U." II.... .~1t... '1.."." ---- J n.... n.II III." ---- II Ill,'" .U.1I 11"." ..... II." ..... II... n." IU." n... IU." 1111..1 "".11 ---- J ..... U.'" n.... -~--. _. --. ..--..,.. .... -- ~.... .JIII'" _.il..,.......I... _i.. _._ ... ...... _1_ _ ........n. Me. &..lc" "'"" 1:1:"1.' -._....~_"/U',. I .N,. celn.) __.1I1C111l___"""" "111 mll-) _a.. _II nac. c:a.-. .".'/" I '.1" l:ntl/M'"'OI''',flPJ'''MT__. ..,....,.. .....1 a::"".., _. _ -..-., _ "In,.. ...., ca",*T_. _ _ ~ "'U'H MM' CEnt"" __. I'" -..&. _ .I/N'" IIsn ce,," _. '___''''_'1/'1/'' I on,. ~.. ._. ~ ~c.w._a 'U"'" ,.... <<till _...~ __ flIII/" l ..... CZ1IU 1IA&._.MWJDOIIftOI...._.I/"'" n'~7 CltIff-J _. _ _ a.a& "'.11'" I .n.. _"'1 .IUfIa,-_r... _"IftU1'Iq ..,n,.. . n"'~ ....,. ...1 P1_. ~ IAJ_ IIIUI" , Il""....,nlluIISII.II._IAI..,., '.1"111' .111. ..,..Ift __, 0_'" ...10ll o.DlI '"116'" ...... _I'IIIM: 111_. 01-.0. OWJca _Oft.. ..'u,.. I :.';",.,<'i,"-i.t~:q~f.?\rl.~.:~:'~\i;'~:;: ~;)';..-2-:;;~/~,'I;'J'~~~.al:I'" - - - _. 11.11 .... 1111 .... ,.... I.... U.N 1).10 ..... I.. ..... II." II... n.n n... ..... n." n... n.,. ,. ..... HI." M." ..... ...... "-"' -- - - _._..... O1I"'It'."'U,I' ......'..,,."" If." .11.,," n." IlL.. "I." 111.11 ..... '11." U.U 10.11 "'.11 'U." II." 'U." 1I.1t '11." 111.11 II." .n... 0)." .u... II 15 'U." ...... .n... ... ... II." '1'1." .... '11" ...... 'u.n . .' . ..;' .',,' .n... .n'.1I ....... 11.'1)." "..... ""." Itn..' 1I.0n." II.UI.a. I....n ",III." II. Ln." ........ ''''1.'' :,j ".~ As an extension of our accounting procedures, we can provide detailed management reports detailing staffing usage by cost center, division, or department compiled weekly, monthly, quarterly, or annually. J :i ~ >, ~ CREf1T1\JE ~STllffING 46 Analytical Reports · Budgetary · EEOC · Longevity / Tenure · Turnover · YTn Analysis by cost center or department "_--".1._- _....... -I',"," -..........- --_. -- -.--.- ._..__...'M'II....'..'.. -,,.,"..," ...... ..,.."M _I _ ___ _...... ..... .,.,_ _. ___nil"" t_ _._.....__ ~lIN .... n.... ...... --_._-.._..,,,,.. ',"'a:I".'~,__""" "tU/.. .",.....-._."..............,.. ..... U.M ..... II." .....- ...... -_._. -- --....-- _ _ _I'ft .. - --- - - _... .:: --..- -_.. ..-'.....11..... _...."..".........,..,.. .....1 ..U _. - ... .......h..n....... _...... ....._ ........m....... _n__...___.....__....._.... n.......... .___.......... __......__.. .- -."' -'----101'"'' _."___'''''191 ,nn <'DU.' _. _..__ ..,..,.. ...- ..... .. t.." ---- I _... ..... I..... _II _.._ __.. n__ _ _'.. .,... .....,-_. ___''''''0 ....1 _..,.,-_.___."..,.. --- -..--..---."..,.. ",." ,. "" "." ..... -.. -.---....-..,,,,.. '".- "." ..... - -. ____...._.01..'.. ..... ..... ..... -. -.. -._- .'..,.. ..... .. ..... - - --.___...'"'" ". .- .- ---- . ....n ..... ....U ..... -.... -. _ -. _ ......,.. ---- I _... If... ..... --,-__.___ MI...... 11... __,._._.._ ..,._ .....-.....-....-...- ..-.. . .. ---- . ...... .... l..... ..... _.... -. -. ___ ",Mi.. ..... ...,.. --............"" ",,_ OO/"'N ,!fi,r",;, .~~""'."~""~~..,,,'i&.,;,~~,,., "... '... ..,.,. ..,' ..... ..... ..... ...... ". " ",." ...... ....... - ......... .U... ......... '"." ....... ". . -.... .n._ ....... - .1....... ...... ".'n." ...... ".U'.N ..... ....... .u.. ......... - ......... ,,.... ....... - ....... ..... ".U' " ...... ... .. ...... IH'." ,".,,,.,, ...... .." - --- HU." 1"'" As an extension of our accounting procedures, we can provide detailed management reports detailing staffing usage by cost center, division, or department compiled weekly, monthly, quarterly, or annually, j \~ j )~ ~ I ;~ 'iii 1 ~~ ~ CR€f1TI\J€ ~STf1FFING 47 Invoice Process Computerized in-house invoicing on a weekly basis, includes but not limited to: · Name of temporary · Skill classification · Hourly bill rate · Straight-time hours · Over-time hours · Purchase Order number, cost center number, department number or other control data · Single invoice per temporary / per department / per skill · Corresponding signed time card attached Electronic im()icing ~j\ailabk as an "add-on" uptioll Payroll Process . Computerized in-house payrolling for temporaries Payroll written on First Union Bank provides numerous bank locations for check cashing . ~ CR€IIT1\1€ ~STIIFfING 48 2005 - Umbrella, Auto and Commercial A CORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID S~- DATE IM""'DIVYVY) CREAT-8 07/16/04 PRODUCER THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CTK Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1240 N. Lakeview, Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Anaheim CA 92807 Phone: 714-779-2000 Fax: 714-779-4129 INSURERS AFFORDING COVERAGE NAIC. INSURED INSURER A: Insurance COrD of Hannover INSURER B: ~~88t~~eK:~aiftngfi~~c.300 INSUIIER C: Miami FL 33156 lNSURERD: INSURER E: COVERAGES THE POLICIES OF IN$UlWICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED .....EO ABOVE FOR THE POLICY PERlOO INOICATED. N01WITHSTAHOING NlY REQUIREMENT. TERM OR CONDITION OF AN'( COHlRACT OR OTHER DOCUMENT WITH RESPECT TO ~ THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORIlEIl BY THE POLICIES IlElICRlBED HEREIN IS SlJ8JECT TO AlL THE TEIIMS. EllCLUSIONSANO CONOITlOHS OF SUCH POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. II~~; ~' TYPI!! OF INSURANCE POLICY NUMBER DA DATE LIMITS ~ERAL UA8IU1Y EACH OCCURRENcE 11,000,000 A r.!. 5MERCIAI. GENERAL LIABILITY H67P103804 07/11/04 07/11/05 I'REMISES"'.-_l I ~ CLAIMS MADE ~ OCCUR UED EXP (Any"'_1 I 5 000 PERSONAl. & N:N lHJURY I 1 000 000 GENEIW. AGGREGATE 12.000 OOD ilAGGn=n~ PROouCTs. COUPICP AGG 12,000,000 X POLICY JECT LOC ~OM08ILE 1JA8lUTY COMBINED SINGLE LIMIT 11,000,000 - ANY AUTO Ie. ocddonl) "- ALL OWNED AUTOS BllDIL Y INJURY I - SCHEOUI.ED AUTOS (Pw_1 A .!. HIRED AUTOS H67P103804 07/11/04 07/11/05 IIODII. Y INJURY .!. NON-OWIEO AUTOS (PII_q I PROPERlY DAMAGE I (Pw_1 =fE UAB~nv AUTO ONly. EA ACCIOEHT I AW AUTO OTHER THAN EA ACe I AUTO ONlY: AGG S EXCESSIIJMBRELLA UABIUTY EACH OCCURRENCE 12.000 000 A 1~:loccUR 0 CLANS MADE H67X103804 . 07/11/04 07/11/05 AGGREGATE 12 _ 000 000 I RDE~ I RETENT10II I I WOlUlERS COMPENSATION AND ITORY LIMITii I IO~ EMPLOYERS' LIAIIIIJTY ANY ~AR114ERlEXECUTl\IE E.L EACH ACCIDENT I OFFICERlMEMBER ElCCLUDEQ? E.L. DISEASE. EA EMPlOYE! I ~ECw.~S_ E.L DISEASE. POUCY UIotIT I OTHER DESCRIPTION OF OPERATIONS I LOCAlIONS I \lEHlCLES I EXCLUSIONS ADDED BY ENDORSaIENT I SPECIAL PRO\IISlOHS CERTIFICATE HOLDER CANCELLATION SAMPLE SHOULD ANY OF THE AlIO\IE DESCRIBED POUCI!S aE CANCELLED BEFORE THE EXPlRAnO DATE THEREOF. THE IISUING INSURER WILL _\lOR TO IIAII. ~ DAYS WRITTEN NOncE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Bur FAILURE TO DO so SHALL IMPOSE NO 08UGA1ION OR LIABILITY OF ANY kIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A UP EHTATlVE T ****..*******~LE**.******** ..*......CERTIFlCATE*......*.* CERTIFICATE WILL BE ISSUED ONCE JOB IS AWARDED**......... ***********....******* ACORD 25 (2001/08) ACORD CORPORATION 1988 ~ CREflT/\JE: ~ST.4fFING 49 2005 - Worker's Comp Cllen": 3124 t;KI:A:'1 A~ ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE _DDlYYvy) 01/01105 ~ THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION PR_I Arthur J. Gallagher of Texas. Inc. ONLY AND CONFERS NO RIGHTS UPON THE ceRTifICATe 1900 West Loop South. Suite 1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW. Houston. TX 77027 713623.2330 INSURERS AFFORDING COVERAGE NAIC . ..SURD '_A A: Zurldl American Insurance Company 27855 Creative Staffing. Inc. -..'" 7700 North Kendall Dr. INSURER c:: Suite 300 _AD: Miami, FL 33156 INIUIlIIII: COVERAGES THE POLICIes 01' INSURNICE LISTED IELOW HAVE IEEN ISSUED TO THE INSURED NAMEDAIlOVE FOR THE POLICY PERIOD INOICATeD. NOTWITHSTANDING ANY REQUIREMeNT. TERM OR CONDITION OF ~ CONTRACT OR OTHeR DOCUMENT WITH RESPECT TO WHICH THIS CI!RTII'lCATE MAY BE ISSUED OR MAY PERTAIN. THE IIlSURANCE AfFORDEO BY THE POUCIES DEIICRlBeD HEREIN IS SUBJECT TO ALL THE TERMS. EXCl.USIONS AND CONOlTIONS OF SUCH POLICIES. AGGREGATE UMlTS SHOWN .....Y HAVE IEEN REOUCED BY PAID CU\lMS. T TV"'''' _I POUCYN_ U.TS !!'ISlAL UAaI1Y IACH OCCURIIINCE S 5'1RC1AI. GENEI\AL UAIIIUTY RENTED S - CUUUS MAlle 0 OCCUR - IoIEO EIlP !MY..._ S PERSONAL & Al1V1NJURY 5 GENERAL AGGREGATE 5 ~N'L~n""TnPeR: PAOOUC'TS - CCl.\lPIOP AGe s POLICY I ~ LOC ~LlLIA.UTY COUIINED SI-.e UMIT 5 AllY AUTO lEO_i - I- ALL 0WNEl) AUTOS IIOOILY INJURY 5 lICHIOULIO AUTOS .,., ...... l- I- _eo AUTOS IOOIl.Y INJURY 5 NON-OWI<EO AUTOS .,.,- I- _RTY DllMAGI S .,., ..... qE ....-uTY AUTO OHL y. EA <lCCIllEKT 5 AllY AUTO OTHER TtIA.. EAACC 5 AUTO OHL y. AGG 5 rBlllUA UAIIIUTY EACH OCCUlRENCE S OCCUH 0 ClAIAISMADE _TE S S =1 ~CDUCT.LE 5 RIETENTIO.... S S A __ COIIOEIlSATION AND 343471303 01/01/05 01/01106 X we A 10J~ tlll'LOYt:IIS LIA.UJY s1.000.000 ANf PitOPRIE. JOHIPANtNfoM-XECUflVE E.L EAC/'ACCID1!HT ()J~D[R CCCLUDE07 n, DISEASE. EA EAfPLOYEE 51,000.000 :.rr-.:=- E L DISEASE. POlICY LIUIT .1,000.000 OTIII!ll DESCRFI1C).'C OF OrlEAA11ONS I LOCATIO.St 'ftttICLl.II CXCUIaIOQ ADDED BY fItOOUUleNII INCIAL P'I'OvnMONS Alternate employer endorsement applies to Workers' Compensation coverage. CERTIFICATE HOLDER CANCELlATION SHOUI.D ANY 01 THE A80VS DESCItl8EO POLICIES BE CANCEUED BEFORE THE EXPIRATION For Insurance Verification DATI TNliREOF. THE ISIVINS "SURER WIlL E"DEAVOR TO MAlt.. ~ DAYS wanTtEN NOTICE TO THE ClEll1lFlCAT8 HOLDER _D TO TItE un. BUT FAlLURI TO DO so IHAU 'NI'OII NO 08UGA~ O'UJAIIILJI'Y OF AIrt IltHD UPON THE INSUI... ITS ACENTS OR ftU1teleNTA11YeS. 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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 ENTITLED uADMlNlSTRATION", 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 finns contracts to provide services for the public. The City also provides financial auistanc:e to promote economic development and job growth. Such expenditures of public money al.o serve the public purpose by creating jobs, expanding the City's economic buc. and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, pcnnanent jobs that allow citizens to support themlClvel and tbeir families with dipity. Sub-poverty level waaes do not serve the public purpose. Such waaes instead place an undue burden on taxpayers and the community to subsidize employers paying inadequate waacs by providing their employees with social services such as health CIU"C, housina. nutrition, and energy assistance. The City has a responsibility when spending public fundi to set a communily standard that pennitl full-time workers to live above the poverty line. Therefore, contractors and subcontnlCton of City service conlrlCts should pay their employees nothinglcu than the living wage herein delcribed; and WHEREAS, in addition to requiring livin. 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, THEREFOKE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Division 6, to be entitled '.Living Wale Requirements for City Contntetl", of Alticle VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "' Adminiltration" II heRby created to read as follow: 1 of9 Chapter 2 ADMINISTRATION . ... . Article VI. Procurement . ... . Division 6. Uving. WaJ.c Requirements for Service Contracts ,nd City Emplovees . ... . Section 2-401.a..ft'eII DeDnltloDl tal "City" m~s the ,"ovcmment of Miami Beach or any authorized ."ents. anv board. Bpncy. commission. dc!Jartment. or otherentilY thereof. or any successor thereto. (b) "emend Emolowe" mean. an~e emploJed by the City or anv Service Contractor. as further defined in this Division. either full or part time. as an emDIovee with or without benefits or .. an indq:lendeqJ cO)1tractor. (cl ''Covered BmpIowr" mean. the City and any and 111 Service Contractora. whether contractin, directly or indirectly with the City. and subcontractors of a Service Contractor. (d} "Service Contractor" is any individual. businesa <<;Itity. cOlp)ration (whether for profit or not for profit). DlI'lnenbip. limited liability COIIlPany. joint venture. or !limitar business who i.conductin, busineu in ~.mi BelCh: or Miami Dade County. and meeb one (1) of the two (2) (oUowin, criteria; (1) The Service Contractor is: <a) paid in whole or part ~ one or more of the Ci'Y'lacneral" fund.. c.ptal pnVecl linda. ~IJ revenue funda. or lilY ~ funds either directly or indirecd)'. whether by c:omoetitive bid procell. informal biela. rcauesll for ~.. some fann of solicitation. De,oIiation. or alR'DJDeuL or any other deci.iqo to enter into a contnct: or (b) enppd in the bu.incu of. or part of. . contnet to provide. a SUbconlr8cl to provide. or slmUB'lY situated to DIOvicle- .,rvices. either directly or indilectly for the ..eft! of the City. However. this doea not .wI)' to contract. related primarily to the sale of producIs or DldL tel "Covered Serviccs" are the lvoe of service. purchued by the City that are sublect to the mqull'l!mentI of Ibi. Division which include the followin,: (1) Citv Service Contractl ContJ'8cta inyolvln, the City's ex,penditure of over $100.000 per year and which include the followinR ~ of lervp.: n) food prqparation ~or distribution: (2) IeCUrity ICI'Ylcea: C3} routine maintenance services luch U CUltodial. cleanin,. cOlllPuten. refuse removal. ~pair. Jefinishin2. and nK:w:linl: 20(9 .. (4) clerical or other Qon-suoervisory office work. whether temporal)' or pennanent: (S) transoortation ,nd warkin, 4PfVices: (6) printin, and n;~tion services: (7) landscapin,. Lawn. and or apicultural services: and (8) park and public place mainten&Qcc (2l Should any services thal 8ft! bein2 nmformed by C~y Emo)Qvees al the time this ordinance ia enacted be IOlicited in the future bv the Citv to be nerfonned bv a Service Conlractor. such se~;ces shall be Covered Services subiect to thiR Division. SECnON 2~. a.."... LIVING WAGE ell Limit! Waft Paid. l 1 l Senrb Contndo'l,. All Service ContrlctOl'f. IS defined by this Division. cnlerin, into a contract with fill( Cily of Milmi Beach shall pay to all ita CIJlplC)yee& who provide services covered by this QiYiaion. a livin, w. of no leu thlUl S8.S6 an hoUr with health benefits. or a livin, woe of not leas than $9.81 an hour without health bentfitl. U described in thia Sectioq, l2l City EmDloftIL Por Ci,y B~ployees under the City D.y plan. the City will beJin to D~ aliviD2 w~e consilient with the ,oalland tenna of !hi. Division on phase-in bail bctinnin, in the 200 J -2002 Cily bud.. y~. illCt'P....i~, on an annual basil increment8lly 10 that the Uvinll W..,r. i. fully hqpleJMJted for City enwlQ.~1 in the 2003.2004 City budJet year as m., be acti~1ed pursuant 10 aubaection (c) below. Tbereaf'ter. the Li\linR Wue to be oaid bv the Citv to iu eIIIOIOWlM mall not be aubied to the annual ind9inR using: the C'nnau~ Pri~ mMK f<J all QIhu eonsumflnl (CPr-In 1Ilmli~ uQcW aubleCtion Cel ~Ipw and in"""''' ahaJl be subiect to neRotiatiOftl witbin .Jie collective banraininR sln1cture. (b) .....th Benefits. For a Covered Bnw10ver or the new to CODlPJy with the liYin, waae DrOwiaion by choosin, to ~ the lower \VUe scale available when a Covered Bmplqy. also provides health benefit.. such health benefitl.ball conast of payment of at Ie... $1.25 per hour towards the provision of health care benefits for Coveml Ernployeea and their *nendAntl. If the health beneft.. plan of the Covewm ~Dlover or the City ream.. an initi~ ocriod of elllDloYmeDt for a new cmplo)'a to be cliJible for health bcDefill (eIilibiJi~y oerlodl auch Covered Emolover or c;itv m.y aualifv to DIY the S8.S6 per hour waF scale durin, the new eDlPlow:e'1 initial elipbitity period pmvitWI the new emolowe will be pmd health benefits Qpon conwletion of the elipbility period. Proof of the provision of health benefits mull be submitted to the awardine authority to qualify for the wap rate for emplqyeea with health bet1Gtitta tc) lndexIH. The Jjvin2 WI2C wilJ be automaticallY indexed each yar usin, the Conlumel' Price Index for all Um.,. Conlumers (CPI-tn unle.. the City Commi..iop determines it would not be fiscally sound to im91ement the CPI-U in a pu1jcular year. 30f9 Cd) Certification Reaulred Betore PaYment. Any and all contnlcts for Covered Servic~ s~,.1l be void. and no funds may be released. unless prior to enterinlJ any aueement with the aty for a Covered Services contract. the clIlPloyer certifies to the City thai it wilJ Di\)' each of its c11lplowes no IclS than the livin2 w.Jc described in Section 2-408 (a). A copy of this certificate must be made .vaJlabJe to the public upon l'eQucst. 'Il1e cqJ1ificate. at a minimum. must include the followin~: ill the name. Address. and mane number of the emplover. a local contact person. and the ~oecific D1'QjCCt for which the CoVCRld Services contract is soupt: (2l the lIJIOunt of the Covered Services contract and thc City Department lhe contract will serve: (3) a brief descri~tion of the proicct or service provided: C4l . Itatement ollbe ~~ levels for all enJolo)'CCs: and (S) a commitment to PlY all employees a livin, Walle. as defined by D8I'8RI'8Dh Section 2-408 (al. ie) ObIenatloD 01 Other La... EvC1'V Covered Emolo\lee shall be oaid not lesslhan biweekly. and without subsequent deduction or rebate on anv account (exceDt as such ~II deductions 81 are directed or permitted by law or by a colJective barpinin, ap-eemenO. The Covered Emoloyer shall p-.y Covered EnlpIoyees walle rates in accordance with federal and all other aDDlicable Jaws such as ovenime and similar w"p: !!U& en PallIa,. A CODY of the livin, waRe ole shall be kept polled bv the Covered Elnployer at the lite of the work in a prominent place where it can euily be seen and mad by the CoWftd Emplo,eea and shall be .....ied to the eJI1PIoyee within a IUIOIUlbJe time after a request to do 10. Poalin. requirements will not be rcauJred where the Covered EmploYer orint. the followin, statements on the front of Ihe Coven:d BlqplC)w:e.s tint ~k and evmy six montha theJellfter. "You are reaui=f by City of Miami Beach Jaw 10 be plid at Jeut S8.S6 dollan an hour. If you are not paid this hourly rate. conl8ct your e~Jowtt. an attorney. or the City of Miami Beach." All notices will be printed in BnJlilh. SDanilh. and Creol~. ill CoDecdve IlIn...lnlrur. Nothin, in this Division shall be mad to ~uire or authorize any Covered Bnwloyer to reduce wqel set by a collective barpinin, IlJI'CCmenl or are reauin=d under any Drevailin, waRe law. 40f9 SECTION 2-409. Reserved IMPLEMENTA TION (8) Procurement SDeclftcattons. The livin! waae shall be reauired in the Drocurement suecificationl for all City service contracts for Covered Services on which bids or D~alS shall be solicited on or afler the effective dale of this Division. The DrDCUMment l$oecificationa for applicable Covered Services contracts shall include I requirement that Service Contractors and their subcontracton agree to produce all documents and ~rda rclatin, to payroll and compliance wilh this Division uoon reauest from the City. All Covered Service contt'BCts awarded subsequent to the date when this Division becomes effective. shaJJ be subiect to the reouirements of this Division. (b) Information D18trlbuted. All reauests for bids or rcauests for DfODOsals for Covered Services contracts of $100.000 or more shall include aOl)roDriate infonnation about the requirementl of this Diviaion. (c) Malntenana of PayroU Remnll. Each Covered Bmolover shall maintain oavrolls fo{ all Covered Employees and basic records mldn, theme ad shall preserve them fOf al)Criod of three (3) )'Can or the term of the Covered Services contract. whichever is JD'Cater. The recordJ shIll contain: (1) the name and .dell'Ml of each Covered BD\PIQyee: (2) the iob title and clusifi~ation: (3) the number of hOUtS worked each ~: (4) the emss WI2eI eImed and deductions made: CS) annual wqea Daid: (6) . cQPv of the lOCi.) security returns and evidence of Davment Ihen:of: (7) a l'ClCord of fnnlle benefit payments includina contributions to IJ'JH'Oved plana: and (8) any other dill or intonn.tion this Division sho~ld require from time to time. (d) Reoortlnll Payroll. Bverv six (6) months. the Cqvered Emolover llh.n file with . Pmeurement Dil'l!Ctor . comoletl! DBvroJl showin. the Covered ~lover'l oavroll recorda for,..JIt!h CovenKI Bnmlo\ee workin. on theconlr8ctlal forCovemdServicm for one Davmll neriod. Uoon recmest from the City. the Covered BnwlQ)'CI' shall produce for in~tion and cQ,pyin, ita D.yroll recorda for ",y or all of ill Covered EmpIovees for any period covered bv the Covered Service contract. The City may examine Davroll records u ~N.d to ensUftt comnliance. Sll:Cl'JON 2-410. RM8PI'" COMPLIANCE AND ~ORCEMENT. ta) Senfee CoDtradDr to Cooaerate. The Service Contractor shall oennic City emoloWleS. .PI&.. 01' ~J'CICfttadves to observe work beiDa performed aI. in or on Ihe proiect or matter for which tho Service Contractor haa a contract. The City re,prcsentalivea mav examine the boob and n:cordl of the Service Contractor relltin, to the emJ'lovment and 1)-.yro1l to detennine if the Service Contractor is in cQmDliance with the provision. of this Division. ~of9 . . lb} CoIDD).' Procedures and Sanetlons, en An employee who believes that this Division ao.plies or agDlied to him or her and tt\at the Service Contractor. or Ihe City. is or wu not corrwlyin, with the requirements of this Division has a riJlll to file a cODlPlaint with the Procurement D~tor of the City. Com"laints by employees of alleeed violations may be made at any lip and shall be investipted within thirty {JO) days by the City. Written apd oral statements by an employee shall be treated as confidential and shall not be c1iaclosed wilJtoyt the writ~n consent of tlJe employee to the extent ~Jowed by the Florida 8t1ltllte&. (2l AnY Indivitl,.,1 or entity ~y also filp a complaint with the Procurement Di~or of the City on behalf of an employee for inveatiption bv the CUv. (]l k shall be the lelponsibilitv of the City to inveatipte all alleptions of violations of Ibis Diviaion within thirty (30) ~ If. at any time. the Ci~. upon inveatilmon determines that a violatiOn of this Divi.ion has occ~ it Ihall. within leD ((0) workin, ~ of a findin, of non-cOfllPUance. issue a notice of corrective action to the employer ~jfvil\f all areas of non-comoliance and deadlines for Ia9lution. of the identified violations. If a S~)'Yice Contnlctor faill to co~ly with any notice ;"'I~ the Ci~ Man_fer' or the Cily Man.Vr'. dc.iIDe&: ..y iuue an order in writtnR to the Service Contr8ctor. by certified mail or hand deHwn. notifvio2 the Service Contractor to ... at an adminialr8five heano, before the City Man"ler or the City Manaftr's desienee to be held at a time to be fixed in such order. which date shall be not less than five (S) daYS after service thereof. (4) The Droceedin,l shall be infonnal. but .hall affqrd the Service Contractor the Daht to testify in the Service Contractor', own defense. oreaent witnes.s. be I1lDIeIenred ~v counscl. submit relevant evidence. Croll examine witnesses and object to evidence. (S) The proceeclinp Khan be recorded and minutes keDt by the City. Any Service Contnctor l'eQ)IirinR verbaim minutes for illtlil!lal review may Bnan,e for the lCI"Yice. of a coun reDOner at the "oense of the Service ~ontractor. (6) Within ten (1Q) ~ of the cloae of the hearina. the City MIft.er or the City Mana...'. deai..- lhall Jendet I decision in wrilin, detennipil1f whether or not the Service ConlrlCtor il in coq)Iiance. or whether other IICtiQIIlhould be tab:n. or whether the mllter Ihoyld be continued. u the cue mav be. and ItallnR the muon. and findinp of f~t. l7l The City Man... or the City Man..... deaimee ahan file findinp with the City Clerk. aqd ,hall send a tnle and COI'IIICt con or bis order ~ certified mail. return receipt recjuelted. or by hmet deJiveay. to the buaines. addms. u the Service Contractor shall _ianlle in writin,. (ll The City Manuel". or desiplee's findin.- ahall conatitute the tinal administrative action of the City for purooaea of iudicial review under state law. 60f9 (9) If a Service Contractor fails to seck timely appellate review of an order of the City Manuer or the City Manuer's desiJ'lee. or to complY timelv with such order. the City may Dunue the enforcement of san~tions set forth in Section 2- 410 (e). eel PrI.aM RI.ht or A~lon Anla.. SerYlC!t! Contrador Anv Covered Emnlovee of or fol'll'J8l' Covered Rmnlovee of a Service Contractor may. instead of Ulilizinll the Citv adminiltrative mocedUI'I! let forth in this Division. but nol in addition to such lH'OCedure. brinR an action bv flUnR luit _Rain.lt the Covered Emolover in any court of COIllMtent iurildiclion to enforce the omvisions of Ibis Division and may be A\II.rrWt back DaV. benefits. attorney'. (eel. ~d cost,. The aD.9licahL! It_tute of limitationa for such a claim will be two (2\ vean u nmvitIM in Florida Statutes ~lN!lion 95.11(4)(cl (or an action for navment of WHeI. The court may 8110 i~DOIe sanctions on the Service Con~8Ctor. includinll those nenons or entities aidinll or &betlln. the Service Contractor. to include w.e restitution to the affected Covemd PmQlovee and damastel oavable to the Covered Emnlovee in the sum of uo to lSOO for each week each Service Con111lCtnr is foond to have viOr.'M this Divi moo. Cdl SandlDDI A_lnlt Service Contradon. For violations of this Division. the City shall sanction a Service Contractor by requirine the Service Contractor to pay wape restitution at the employen expense for each affected employee a~ may acceSI the (oUowin,: (I) The City ~ ilJ'lPOlC dama2es in the awn of SSOO for each week for each emoJovee found to haye not been paid in accordance with this Division~ andlor (2) The City may-susocnd or terminate oayment under the Covered Services contract or tenninate the conlnlct with the Service Contractor: andlor (3) The Ci'Y ma-y decJR the employer ineliRible for future service contracts (or th~ (3) years or unlil all 9Cflaltiea and restitution haye been paid in full. whichevqf is lonF. In addition. all ernoJoyen shaJJ be inelipble under this section where principal offiCC1"8 of the employer were principal ofneen of an eRWIQ~r who violated thil Divisiol). Ce} Public Reeo.,. qJ SandleD.. All such sanctions recommended or imDOsed shall be a miller of public recon!. cn ~ for Aldlllll and AbettilUl. The sanctions in Section 2-410 ecl shall also aDuly to any party or oarties &idin, and abettin, in any violation of thi. Division. CJl R.......lftft aad DIscrlndnaUen Barred. A Covered Bmo)oyer shall not dischlU'2.e. reduce the coznpcnsation. or otherwise diKnminate .pinst any Covered EmDloyee for m.lrin. a oollU'laint to the City. or otherwise aseni.., his or her nOli under this Division. partie' patina in any of itl proceedinp or IlliIlJ any civil remedies to enfon:e his or her limllS under this Division. AUc.81iona of retaliation or dillCrimination. if found true in a proceedin, under par8ll1'8ph (b) or bv a eourt of competent juri.diction under .....p'.h (el. shall result in an order of restitution and reinstatement of. diach8J'2Cd Covered Enlplovee with back p"y to the date of the violation or such other ~licf as deemed ~oriate. 70f9 : (h) Enforcement Powers. If necessary for the enforcement of this Division. the City .~.......~. Commission may issue su~ooenas. compel the attendance and testimony of witnesseI and DrOductioo of books. DaDen. recorda. and documentl relatin, to DavrolJ records necessarv for hearioR. invesdptions. and proceedinp. In case of disobedience of the lubpoenL the City Attorney may a.lv to a court of comoetent iurisdiction for an order reouirinR the attendance and testimony of witne.1eI and production of books. papers. recorda. and documenll. Said court. in the case of the refusal to obQy such lub1Joena. after notice to the penon sub,pocnaed. and UJJOII findio, that the attendance or testimony of such witneases of the production of such boob. DIners. records. and documents. u the case may be. i. relevant or necealllY for such heRrin,.. investiptions. or proceedio,s. mav issue an order requirin2 the attendance or testimony of such witnesses or the production of such documents and any viol.ion of the court's order may be punishable by the court . contelJlPt Ihermf. (j) Remedla Herein Non.Exd....... No reme4v set forth in mil Division il intended to be exclusive or . prerequisite for aaaertln, I claim for relief to enforce the riehl' under this Divi.ion in I court of law. This Division shall not be COD'Wed to limit an emplovee'. ript to brinK a common law cause of action for wronpul tennin8tion. SECfION 2. REPEALER. All ordinances or pms of ordinances in conflict herewith be and the same arc hereby repealed. SECTION 3. SEVERABIUTY. If any section, subsection. clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. ~ODIFICA 'UON. It il the intention of the Mayor and City Commislion of the City of Miami Beach, and it is hClCby ordained that the provisions of this Ordinance shall become and be made a part of the Code Qr the City of Miami Beach, Florida. The sections of this Ordinance may be returned. 80f9 SECTION 5. EFF&CTlVE DArE. This Ordinance shall take effect on the 28th day of AprU , 2001. PASSED and ADOPTED this ~ day of April. 2001. A TrEST: 1Ji1J MAYOR 12c1u.0' P"lcJ~ CITY CLERK 1&t readinl 2nd readinl XX ~d1nance No. 2001-3301 APPROVED AS TO FORM" LANGUAOB "FOR BXBCDnON 't-lJ-ol- lIDlN'~--....___.. 9of9 ORDINANCE NO. 2003-3408 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI. ENTITLED "PROCUREMENT"; BY AMENDING DMSION 6. ENTITLED "UVINO WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES";BY AMENDING SECTION 2-<<)S(b). ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE uEUGIBILlTY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE THE $1.51 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City award~ contracts to private firms to provide serVices for the public and also provides financial assistance to promote economic development and jOb growth; and WHEREAS, such expenditures of public money also serve a public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the cl'8ation of full-time. permanent jobs that allow citizens to support themselves and their families with dignity; and WHEREAS, sub-povertY level wages do not serve the public purpose, and such wages place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance; and WHEREAS, the City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line, and therefol'8, 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 2-408. LIVING WAGE . . . (It) H..lth 8.n... Fer a Cevered eMpleyer sr the CII)' te _"'PlY wilh the IMAg wege p,goAsieR oy s"ee8ing te pay the lewer 'I:age sGale 8".'8.88Ie when a Ceverad iMplayer alee pAWkle8 "ealh 8anefits, .weh heaJll::1 DeA.. shall Gensl. af payment af at laast $1.2& par heyr tewards ~a pF8':lsIeA ef health sara beAetIta fer CaoJeF8d Empleye.1 aAd their dependeRts. If the heal"' beAefits pl8A sf tha Ceverad impleyer 8r Ite City AMtUlree 8A IAiUal peAM ef eR1pleymeAt fer a Aew ",pleye. te Be eligible fer health HAefil& (.lIgllJlllty peAed) ,ush Ccw.rM '",player ar Clay may "..alify te pay the $8.&1 per hs..r wall IGIII. ""AAI the A..... empleye.'. eligibility p.Aed p,gvlded the Rev: e"'pleyee will be paid health BeRellts ..peA GeFRplelleA ef the ellgltilllty peAed. P,gef ef the pAFIilisn sf healtll ta8Aefit8 ",,,st lJe s..lJmltled Ie Itl. a~....rcjiA8 awtheFIIy te ,,"allly fer~8 ,(Jage Fate for .FRpleyees vAttl tlealttl BeAefits. (,,) Health aeneflts: ellalblllty .rloct. For a Covered EmDJover or the CItv to comDlY with the livinG wa~e Drovlsion by chooslna to DaY the lower waae scale 8V8Dable when a Covered EmDloyer also Drovides health benefits. such health benefits shall conli. of paYment of at least 51.25 Der hour toward the provision of health benefits for COVered EmDlovee_ and their deDendents. If the health benefits clan of the Covered EmDlover or the CitY reauires an initial certod of emDloyment for a new emDlovee to be eliaible for health benefits (eUaibUltv Deflod) the livlna waae DroYlslon shan be comDlied with 8S follows durina the elIGibility D8ri0d: (1) Provided the new emplovee wi be caJd health benefits ucon the comDletlon of the eliqiblltv Derled. 8 Covered EmDloyer or the CItY may only aualify to D8Y the sa.56 cer hour waae scale for a term not to exceed the first ninety (pO) days of the new emD'ovee's elIGibility Dsriod. said term commenclno on the emDlovee's date of hIre. (2) If the Covered EmDloyer's or the City's eliaibllltv oeriod exceeds the ninety (90) da~ i:n DlOvided In subsection C1l a~e. then the Covered Emolover or the CL. romanclna on the nlnetv first (91 ) dav of the new emolovee's elialbllitv oerJod~ must commence to Dava living wace of not less than $9.81 an hour. Proof of the orovislon of health benefits must be submitted to the awardina authority to Slualify for the waae rate for emDlov88S with health benefits. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. JEVERABI LlTY. If any section, subsection, clause, or provision of this Ordinance Is held invalid. the remainder shall not be affected by such Invalidity. SECTION 4. CODIFICATION. It Is the intention of the Mayor and City Commission of the City of Miami Beach. and it Is hereby ordained that the provisions of this Ordlna~ce shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be retumed. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th ,2003. ATTEST: MAYOR ~a- ftU~ CITY CLERK -...,... ... 1 st reading 2nd reading APPIICMDAl10 PGIIMalANGUAGll .IOIIIXECUIION T:\AGENDAI2OO3\apr0903Wgul.J'Il.IYlng Wage Prob Per ()ot 03 ard.doc ~.~