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
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1 st reading
2nd reading
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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
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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
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Date
Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum No.1
thereto, and Contractor's response to the Proposal.
Exhibit "~" - 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?
Answer #7
As this is an RFP and not an ITS, supplemental information may be provided.
If you have any question please contact Pamela leja at PamelaLeja@miamibeachfl.gov or at 305-
673-7490.
CITY OF MIAMI BEACH
Gus lopez, CPPB, CPPO
Procurement Director
Addendum #1, 8/24/05
RFP 37-04/05 Temporary Personnel
3
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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
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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
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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
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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)
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- ---'---~ - - - - -- - -- - .. .
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
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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
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Katherine A. Willis
Manager, Human Resources
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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.
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rl'sidl.'nt and ('hid hnannal ()nii..'er
8
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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.
/ /
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Cary Reyes
Director of Human Resources
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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...
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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
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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
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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'-,
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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
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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_~""'''',_,
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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._-
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-..........-
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---
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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.
AlII'-2iUI~
~- _.IY
ACORO 25 (2001108)1 of 2
.M110959
AJB
II ACORD CORPORATION 1988
~ CREIITI\JE
~STl1fFING
50
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-
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
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1 st reading
2nd reading
APPIICMDAl10
PGIIMalANGUAGll
.IOIIIXECUIION
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