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Home My WebLink AboutStaffix Agreement tI{xtJ & - :? ~ 0 q I };I/o& - C ~F PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ST AFFIX 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 #S-~ay of ~. 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 STAFFIX (hereinafter referred to as Contractor), a Florida corporation, whose address is 1442 Biscayne Boulevard, Miami, Florida, 33132. 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 "An, based on the temporary personnel services provided, as needed, by the City. The hourly rates set forth in this Agreement shall remain fixed and firm for the duration of the Agreement, subject to negotiation based on Consumer Price Index- Urban Areas (CPI-U) or City's Living Wage Ordinance (as same may be amended) rate increases. 3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW Contractor acknowledges that it shall be required to compliance with the City's Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time. At the commencement of this Agreement, pursuant to the City's Living Wage Ordinance currently in effect, Contractor shall be required to pay all employees who provide services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as Exhibit B hereto; notwithstanding the preceding, it shall be Contractor's sole responsibility and obligation to familiarize itself with the Living Wage Ordinance, as well as any subsequent amendments thereto. 3.3 TEMPORARY TO PERMANENT In the event that that the City, at its sole discretion, elects to employ a temporary employee, no fee and or penalty of any kind (resulting from the change in status of the temporary employee from temporary to permanent), shall be assessed by the Contractor. 3.4 INVOICING Contractor is required to furnish the following information on its invoices for temporary personnel supplied to the City: - Purchase Order number issued by the City's Procurement Division - Department and location within the City of temporary services provided - Full name of individual performing the service - Job classification - Number of hours worked, by date 3 All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. 3.3 METHOD OF PAYMENT Payments shall be made for Services satisfactorily rendered within thirty (30) days of the date of proper invoice. Contractor shall provide invoices in duplicate to the manager or department head of the City department utilizing the temporary personnel for which the invoices are for. With a copy to: City of Miami Beach Accounts Payable Department 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of two (2) years commencing on the last date of execution of the Agreement by the parties hereto. At its sole discretion, the City may renew this Agreement upon the same terms and conditions, for up to two (2) additional one (1) year renewal options, upon thirty (30) days written notice to Contractor (such notice to be provided prior to the end of the initial term or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the Contractor shall commence upon receipt of a Purchase Order from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis. 4 4.5 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-contractors, or any other person or entity acting under Contractor's control, including without limitation any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION. SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of this Agreement and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon thirty (30) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right 5 to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR PROPOSALS NO. 37-04/05, TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations 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 ofthe 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: Staffix Attn: Ms. Wilma Gasal President 1442 Biscayne Boulevard Miami, Florida 33132 (305) 577-0696 TO CITY: City of Miami Beach Attn: Mayra Buttacavoli Director, Human Resources and Risk Management 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7520 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida, BY ENTERING INTO THIS AGREEMENT, THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, 4.17 ENTIRETY OF AGREEMENT This Agreement and all exhibits hereto including without limitation, Request for Proposals (RFP) No. 37-04/05, together with all amendments thereto, and Contractor's response to the RFP (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for Proposals No, 37-04/05, together with all amendments thereto, and Contractor's Proposal in response are hereby incorporated by reference into this Agreement, as Exhibit "A" hereto; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 10 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 ,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The Contractor, its subcontractors, agents and employees, including with out limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and lor the provision of services hereto. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ~~ f{u;~ ATTEST: By: City Clerk Robert Parcher JdA sr~J #~tJ? Date f}6''t6 sy-~,;ltJt)~ Date FOR CONTRACTOR: STAFFIX ATTEST: Date Jl(/) ~mo ~~I Prmt Name S ~OC? Date By: Secretary Print Name Attachments: Exhibit "A" -Request for Proposals No. 37-04/05, Addendum No. 1 thereto, and Contractor's response to the Proposal. Exhibit "B" - City of Miami Beach Living Wage Ordinance No. 2001-3301 and Ordinance No. 2003-3408. APPROVED AS TO FORM & LANGUAGE & FOR EX UTION 12 810-0~ Date ~ E~H \ BIT"- ~ Miami Beach ANmnaClly , II U' 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.mlamibeachfl.goY PamelaLeja@miamibeachfl.goy 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 lias needed basis", as specified in this RFP, from qualified Temporary Personnel Agencies. Temporary personnel are needed to cover for regular City employees who are on vacation or leave of absence; to temporarily fill 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/southfloridaJDublic/home1.asD or call toll-free 1-800-677-1997 ext. 214. Any questions or clarifications concerning this RFP shall be submitted in writing by mail or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail: RFP NO. 37-04/05 DATE: 8/3/05 2 CITY OF MIAMI BEACH PamelaLeia@miamibeachfl.aov. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COpy OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THA T THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000- 3234. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO PROVIDE SERVICES COVERED BY THE RFP, SHALL BE PAID A LIVING WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT 1'0 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/bid intro. 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, MIAMI8EACH, FLORIDA 33139 www_miamibeachn_gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 RFP No. 37-04/05 I NOTICE TO PROSPECTIVE PROPOSERS NO PROPOSAL If not submitting a proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _ OTHER (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal!!! this completed form, may result in your company being removed from the City's bid list. RFP NO. 37-04/05 DA TE: 8/3/05 4 CITY OF MIAMI BEACH TABLE OF CONTENTS SECTION Paae(s) I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12-14 III. PROPOSAL FORMAT 15 IV. EV ALUA TION CRITERIA 16-17 V. GENERAL PROVISIONS 18-19 VI. SPECIAL TERMS AND CONDITIONS - INSURANCE 20 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 21-29 VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS 30-32 RFP NO. 37-04/05 DATE: 813105 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 C?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 num~er, 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: 813/05 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 matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Coordinator, with a copy to the City Clerk, no later than the date specified in the RFP timetable. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. 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. 37-04/05 DATE: 8/3/05 8 CITY OF MIAMI BEACH M. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, 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. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. O. CONFLICT OF INTEREST All Proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer or any of its affiliates. P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. Q. PROPOSER'S RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. RFP NO. 37-04/05 DATE: 8/3/05 9 CITY OF MIAMI BEACH R. RELATION OF CITY It is the intent of the parties hereto that the 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. 37-04/05 DATE: 8/3/05 10 CITY OF MIAMI BEACH member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. W. CODE OF BUSINESS ETHICS Pursuant to Resolution NO.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your 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 DATE: 813/05 11 CITY OF MIAMI BEACH SECTION II - SCOPE OF SERVICES A. GENERAL The City of Miami Beach is seeking to enter into contracts for Temporary Personnel Services, on an "as needed basis", as specified in this RFP, from qualified Temporary Personnel 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. 37-04/05 DATE: 8/3/05 12 CITY OF MIAMI BEACH F. WEAR OF UNIFORM When temporary personnel are assigned to working events with the general 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. 37-04/05 DATE: 8/3/05 13 CITY OF MIAMI BEACH L. HOLIDAYS The City's holiday schedule shall be observed. In the event that the City requires a temporary employee to work on a holiday observed, the day shall be paid at the overtime rate. It is the responsibility of the using Department/Division to notify the temporary Agencies prior to a temporary employee working on Saturday, Sunday, Holiday or any overtime. M. EMPLOYEES ARE RESPONSIBILITY OF AGENCIES All employees of the Agencies shall be considered to be, at all times, the sole employees of the Agencies under its sole 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." RFP NO. 37-04/05 DATE: 8/3/05 14 CITY OF MIAMI BEACH SECTION III - PROPOSAL FORMAT The items marked by an asterisk (*) are required as part of the Proposal. If these items are omitted, Proposer must submit within five (5) calendar days upon request from the City, or the Proposal shall be deemed non-responsive. All other items must be submitted with the Proposal or it will be deemed non-responsive. 1. *T able of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. *ProDosal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. . *Introduction letter designating areas of proposed services and sufficient information as to the qualifications of the proposer. . Respondents shall submit documents that provide evidence of capability to provide the services required as part of their submittal package. . *Respondents shall indicate how many years of experience their firm has in providing temporary personnel services. . Respondents must provide documentation which demonstrates their ability to satisfy all of the RFP requirements. . Respondents shall include their procedures for screening, interviewing, testing and training employees that will be placed with the City. . *Client references. List at least eight client references (name, title, company, address, telephone, e-mail address and fax) our Procurement Division may communicate with regarding your services. In addition, information for each reference shall include the description of temporary services provided; and estimated contract amount and volume of hours provided. 3. Fee Proposal: Submit the proposed fee structure, broken out by position description, relative to the Temporary Personnel Services Position Descriptions listed in Section VIII of this RFP. Proposers are not required to submit pricing for all positions/job descriptions. 4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer Information forms; 5. *Any other documents required by this RFP. 15 CITY OF MIAMI BEACH RFP NO. 37-04/05 DATE: 8/3/05 SECTION IV - EV ALUA TION CRITERIA The 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. 37-04/05 DATE: 8/3/05 16 CITY OF MIAMI BEACH 8. Negotiations between the selected proposers and the City Manager take place to arrive at a contract or contracts. If the City Commission has so directed, the City Manager may proceed to negotiate a contract or contracts with a proposer or proposers other than the top-ranked proposer or proposers, if the negotiations with the top-ranked proposer or proposers fail to produce a mutually acceptable contract or contracts, within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s} after the selected proposer(s} has,or have, done so. Imoortant Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO. 37-04/05 DATE: 8/3/05 17 CITY OF MIAMI BEACH SECTION V . GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury,wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 18 RFP NO. 37-04/05 CITY OF MIAMI BEACH DA TE: 8/3/05 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO. 37-04/05 DATE: 813/05 19 CITY OF MIAMI BEACH SECTION VI- SPECIAL TERMS AND CONDITIONS INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Besfs Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker"s Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. RFP NO. 37-04/0S DATE: 8/3/05 20 CITY OF MIAMI BEACH SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Fee Proposal Form - Proposer shall submit their own Pricing Proposal form, pursuant to the "Personnel Services Position Descriptions" herein. Proposers are not required to submit pricing for all positions/job classifications. 4. Declaration 5. Questionnaire RFP NO. 37-04/05 DATE: 813/05 21 CITY OF MIAMI BEACH PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any ~tems according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer. that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 37-04/05 DATE: 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. 37.04/05 DA TE: 813/05 23 CITY OF MIAMI BEACH OECLARA TION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this day of ,2005. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without 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 DATE: 8/3/05 24 CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: RFP NO. 37-04/05 DATE: 813/05 25 CITY OF MIAMI BEACH Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS - * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. RFP NO. 37-04/05 DA TE: 8/3/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations: To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: RFP NO. 37-04/05 DATE: 8/3/05 27 CITY OF MIAMI BEACH Questionnaire (continued) B. list all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. (Use additional sheet if needed) RFP NO. 37-04/05 DATE: 8/3/05 28 CITY OF MIAMI BEACH Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire, may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name WITNESS: Signature Print Name (CORPORATE SEAL) Secretary RFP NO. 37-04/05 DA TE: 8/3/05 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Nam_e of Firm Address By: General Partner Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: 29 CITY OF MIAMI BEACH VIII. PERSONNEL SERVICES POSITION DESCRIPTIONS Item TEMPORARY PERSONNEL SERVICES 1. Secretary I Two years experience in secretarial and clerical work. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethnic/multi-cultural environment. Minimum 40 wpm. 2. Secretary IIIAdministrative 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: 8/3/05 30 CITY OF MIAMI BEACH 6. Clerk III Three year experience in skilled typing and general clerical work, accounting & bookkeeping. Experience in meeting public and ability to deal with customers using tact, poise, patience and courtesy. Knowledge and experience in using MS Word, Excel, other MS office application programs. Must have ability to work in a multi-ethniclmulti-cultural environment. Must type a minimum of 40 wpm. 7. Bookkeeoer / Accounting Clerk II Three years experience in accounting, supplemented by course work in accounting or bookkeeping; or any equivalent combination of experience and training. Must have ability to work in a multi-ethnic/multi-cultural environment. 8. Customer Service Reos / Comolaint Ooerator Responsible telecommunications work in the Safety communications Unit. Retrieving, evaluation, processing, modifying" and inputting information within various computerized and manual information systems. Type 30 correct wpm, effective communication skills, may include weekends, holidays, shift work. Must have ability to work in a multi-ethnic/multi- cultural environment. 9. Customer Service Reos / Communications Ooerator Entry level responsible telecommunications work in the Safety Communications Bureau. Receiving, screening and relaying information for emergency and other calls utilizing a multi- line telephone and a computer aided dispatch system or other means. Effective communication skills, may include weekends, holidays, shift work. Must speak fluent English and one other language, have ability to work in a multi-ethniclmulti-cultural environment. 10. Personnel Technician I Complex clerical and technical work of a specialist nature. Interpretation of department operations, policies, procedures, dissemination of information, maintains records and reports, computes and compiles data; updates. Types forms, answers correspondence, prepares notices and minutes of meetings. Knowledge of HR oreferred. 11. Caroenter Knowledge and skills in carpentry work at the entry level in the construction and finish work including materials, methods and techniques. Maintenance and repair of city facilities. 12. Electrician Master Electrician's certification, prior experience with drawings and reading blueprints, design an installation of electrical systems. Skilled work at the entry level as an electrician in the construction, maintenance and repair of city facilities. RFP NO. 37-04/05 DATE: 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. Ale 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.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 August 24,2005 ADDENDUM NO.1 Request for Proposals (RFP) #37-04/05 FOR TEMPORARY PERSONNEL SERVICES The following additional information as a result of inquiries from individuals is hereby forwarded: 1) The due date for the submission of Proposals has been extended to Tuesdav, September 6. 2005 at 3:00 pm Eastern Time. 2) A breakdown of the hourly rates that were submitted under City of Miami Beach Invitation to Bid No. 55-00/01 in September 2001 is attached. Not all of these agencies are currently providing services to the City. 3) Questions and Answers: Question #1: Will the City provide a breakdown of expenditures to temporary agencies for the past year? Can this be broken out by office work vs_ outdoorltradesman/manual labor? Answer #1: In round numbers, the City paid approximately the following dollar values to temporary personnel agencies: FY2005 FY2004 FY2003 $1.1 million $1.3 million $1.2 million There exists no specific breakdown of the number of temporary employees that the City utilized or currently utilizes. that can be provided in a report format. It is estimated that at about 50% of the City's expenditures to temporary personnel agencies have been for office work; and about 50% have been for outdoorltradesman/manuallabor type positions. Question #2: As there are various methods of performing them. how extensive should the background checks be that the agencies perform? Are backgrounds performed at both the State and Federal level? How does the City handle foreign national background checks? Addendum #1, 8/24/05 RFP 37-04/05 Temporary Personnel Answer #2 The City conducts a background check consisting of a criminal background. This would include a check for the state of Florida, and any other states in which the person has lived. If a nationwide check is done, this would pull up any information about the person that was ever entered into the judicial system anywhere within the United States. It would not include anything that they may have done abroad if they came from another country_ The City has no way of obtaining accurate information regarding an international criminal check. It is also mandatory to screen to see whether the person is a registered sexual predator. Question #3: What is the City looking for in a background check? Answer #3: We are looking for any crimes that the person may have committed. We look at the disposition and look for a disposition of "guilty". If the disposition is adjudication withheld, or if the person pled nolo contendere, then we will consider the nature of the crime, when it was committed, and the overall picture. We look for things like violent crimes, Le. domestic violence, crimes of a sexual nature, etc. Some of these individuals may be working with or around children, and so we need to be mindful of the children's safety. We also look for crimes involving perjury or falsification of documentation or information. Question #4: Can you address the issue of performing background checks on foreign nationals, and the questionable feasibility of performing accurate checks in other countries? Answer #4: The only way that any international criminal background information can be obtained, is if the country in which the crime was committed has communicated this information to Interpol. (Interpol is like a clearing house which logs criminal information about people from other countries. This is usually done only by countries that have a relationship with Interpol. It is not possible to verify the accuracy of any of the information that Interpol receives.) If Interpol has received any information, they would communicate this to the United States via the F.B.I. Thus, a nationwide check would reveal such information. Question #5: What type of drug testing must be performed on all temporary personnel prior to assignment to the City? Answer #5: A five panel test, which must have negative results, consisting of the following: Initial Test Level GS/MS Confirm Test Level Amphetamines Cocaine Metabolites Marijuana Metabolites Opiates Phencyclidine 1000 ng/mL 300 nglmL 50 nglmL 2000 nglmL 25 ng/mL 500 ng/mL 150 ng/mL 15nglmL 2000 ng/mL 25 ng/mL Addendum #1, 8/24/05 RFP 37-04/05 Temporary Personnel 2 Question #6: Will City parking passes be made available to the temporary personnel? Answer #6: Yes, upon assignment, the department utilizing the services will address this with the temporary employee. Question #7: If the agency provides additional services that are not requested in this RFP, can the agency list them and provide rates? 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III ~ ~ - z a: i 0 -.... 8 Zw ~Gi &ri ~ x..J ~ Z l: ::) ::E ~ .... W ::E Gj W ..J 0 Iii 0 0 ari rn ~ It) .,. !S x Z z :) ::) w ! II. I ~ ...... Table of Contents .Welcome to Staffzx. .How Staffan, is Different -Services Provided .Proposed Rate. Structure -Client Referral List .Plumbing Test (Sample) .Employee Requisition Form .Staffzx~ Recruiting, Selecting~ & Hiring Process "..11 Staffix ~ }(Ulr h'nlp[OYIllell( Resourc'(> 1-888-95-ST AFF (7-8233) ( '1- ,I' " ~ . .. r. f I: 'tfi r~ ~ ~ . Are you challenged in maintaining appropriate staffing levels? . Do you find it difficult to attract qualified applicants for an interview? . Do you find it difficult to "good staff"? . Are you always 'justifying" your staffing budget? (We can lower ill) Staljix@ has provided all levels of staff to various industries for twelve years. We provide seasonal, temp-to-perm, permanent placement and international recruitment thru H2B visa program. The ability to maintain a full inventory of staff has never proved to be cost-effective. HIring, training, and firing of employees, in tune with the industry's economic cycle, deplete your patience and your budget. Chasing employees to simply show up for work, takes time away from your Important management duties. StalflX@ is your answer! Merely leave the calling to us. Your accounting department will be relieved of excessive payroll, bookkeeping, workmen's compensation insurance claims, and tax responsibilities. We therefore invite you to plan the season with us. We will be happy to provide you with quotes regarding positions you may need to fill. At StalflX@, we are committed to fulfill your staffing needs with excellencelll Miami: 1442 Biscayne Blvd., Miami, FI 33132 lTel (305) 577-0696 Orlando: 4989 S Orange Ave.,Orlando, FI32809 / Tel (407) 251-9700 Why pay for a staff you don't need in the months you don't need them? 'GI' JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOY DEC , , , , , , , , , , , , .' ~ ... , .. . 4,' ~ ... . .",.~ ,. .... ... .. . .. ... ... . ...'- ,.. ... . 1\. 1\. 1\. 1\. l. l. l. 1\. \\ 1\. 1\. \\ j j j j j j j j j j j j .~ '} '} '} .} .} .} .} .} .} .} .} f f f f I I I I I f f I j j j .} j '} , , ~ , f j ... . "",,' ... ....- '" l. 1\. 1\. , , I j '} ... . ... . I j l. I. , ...' ... , j 1\. f .} . "'- "- --. j . , .... .. ( 1\. Staffa answers all your temporary personnel needs! The first four people are the core staff you need to keep your business running smoothly, handling work volume in your slowest months, The rest are StalflX employees. They can handle your extra business needs - seasonal fluctuations, special events, vacation and sickness - all the normal requirements your regular staff can't handle. So, why carry the overhead large enough to handle the workloads of busy months - all year long? Staflix is just a phone call away, StalflX has a large inventory of qualified workers. Weare ready to step right in when you need them. Why not take a good look at your staffing needs and discuss with us your staffing plan tailor made to suit your needs. . I X lour Employment Resource ORLANDO: 79750range Blossom Trail Orlando, FL 32809 Tel (407) 251-9700 Fax (407) 859-5881 MIAMI: 254 N.E. 3rd Street Miami, FL 33132 Tel. (305) 577-3705 Fax (305) 577-3522 1(888) 95-ST AFF e-mail: stafx@aol.com ~ Proposal for Temporary Staff )i ~ Presented to City of Miami Beach Submitted by S t '8 f fix s- ~)lIr Employment Resource Welcome to StafJiXl~ ..~ Thank you for offering Staffi.\"" the opportunity to demonstrate how our quality staff can make the difference for you and your company. We hope this proposal offers the level of service which will meet your requirements, and look forward to discussing how we can put our experience and commitment to work for you. Staffi.\'H' is a minority owned and operated staffing agency with 12 years of operational experience in the personnel staffing field. The company has earned an extraordinary reputation for successfully placing well trained and highly qualified associates within; hotels, resorts, convention centers, universities and hospitals. We pride ourselves on the competency of our associates. We recruit, train, and maintain a large database of qualified individuals possessing the required knowledge demanded by our client. We match our employees' skills to our client's specific requirements, We have str~amlined our systems to make it more convenient to conduct business with us. One phone call initiqtes your ordering process. This begins our systematic assigning process, leading to a successful match with your company. We are capable of concentrating our full complement of resources into action during whenever the need arises. We understand what our clients look for when choosing a personnel company...Ready to serve! We currently offer; temporary staff, temp-to-perm, and permanent placement needs. Stalfu'l" has recently embarked upon an international recruitment process, offering our clients reliable and determined international staff to enter the country on an H2B wack visa program. Ask us how it works. We are committed to absolute customer satisfaction and wish to be perceived as a managing partner within your company. Mission Statement Staffi.\"''' is committed to supplying our clients, the best-matched personnel through continuous training, realizing our client's specific needs, and effectively communicating a realistic perspective concerning the expectations as demanded by our client. We believe our employees and clients should be equally treated with respect, courtesy and professionalism of the highest degree. Commitment and communication are the key element while creating and maintaining a successful business relationship. We are committed to matching the placement needs of our clients, and continue to develop, maintain and effectively communicate a confidence our clients have come to rely upon. Company Background Founded by Wilma M. Gasal on 1993, Wilma began her hospitality staffing agency with Service America in Miami Beach Convention Center as her first and still a primary client. Providing trained, well-groomed, and experienced Food & Beverage professionals has been Wilma's passion for many years and continues to supply south Florida with great success. Wyndham Resort and Spa, many Marriott and Sheraton properties have maintained a close relationship with Staffi,\"" ,while providing housekeepers, Food & Beverage, and many levels of maintenance staff. The success of StalflX'\1 weighs merely on the list of clients currently collaborating with us in practically all aspects of maintenance. Our knowledge, understanding, and experience offer our clients the response to your specific requirements. We fully comprehend the scope of each position and will offer you the most qualified individuals. StafflXf\l is currently providing housekeeping and maintenance staff at SMG in Miami Beach Convention Center from 30 to 150 personnel a day when in season. Having gained a general knowledge and experience in the business will also be a great benefit to the City of Miami Beach, How StaffixU' is Different Experience StafflX has been serving South Florida for over 12 years. StaiflX Consultants have been selected from a wide section of industry so they understand the language and can quickly respond to your needs. StafflX applies the highest standard service criteria, accessibility and worker quality. Availability We understand the frustration of calling during evenings and weekends and not able to reach your staffing provider. Try to get the attention of your current staffing supplier at 9 p.m. on Saturday night: you may be lucky to get an answering service. StaiflX coordinators are here to serve you 24 hours a day, seven days a week. We are ready and capable to throw our full resources into action during these hours, not just "be on call". Cost-savings ~ \; . Because Staflix temporary associates work only when you need them, you will eliminate most of the cost of additional employees from payroll taxes to vacation and fringe benefits, as well as wasted time, utilizing StafflX, you will definitely cut your cost. ' Committed to Service Excellence StaiflX is a locally owned and operated staffing agency committed to excellent customer satisfaction serving our community for over" 12 years. StafflX associates will be there when you need them. Quality Assurance We screen and reference-checked all our associates. Step-by-step, we check to make sure you are satisfied. We will not send you unqualified people. We will not leave you critically short staffed, Please contact any of our client referrals: they will share their experience with you. Services Provided Temporary Staffing Ideal for companies who have seasonal or peak load project needs for workers who would not be needed on a year round basis. Convenience and quality assurance is the key. You can save on unemployment claims during the rest of the year. You don't have to maintain your own on-call lists and resources. These people remain on our payroll. Temporary help is attractive to those who do not wish to be burdened with advertising, recruitment, the cost of maintaining personnel records, costly benefit programs and complex separation procedures or unionization. i~ Permanent Placement A suitable course of action for situations where you eventually plan to place the worker on your regular, full time payroll. We will prescreen permanent ~i placement candidates and make several available for you as to make your final choice. Depending on the position and the candidate, the fee for permanent position will range between 10 to 15 percent of the candidate's annual salary, An agreement will be signed prior to prompting a search. Temp-to-Perm StalflXHt unique "Temp to Perm", placements are cost effective l~ our clients who want to "try before you buy." After a StaffixHt temporary associate has been on assignment in a client's office for approximately 5 to 6 months of continuous service or have completed 800 scheduled work hours. THERE IS NO ADDITIONAL FEE TO THE CLIENT! They are yours! / International Recruitment Program-'" Staffix™ H2B Work Visa Program is designed to allow employers the option to petition, recruit. and legally hire non-agricultural temporary labor from abroad for a period of up to ten continuous months. Foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.Foreign labor certification programs are designed to assure the admission of foreign workers into the United States on a permanent or temporary basis. These programs will not adversely affect any job opportunities, wages, and working conditions of U. S. workers. Tell us your requirements and let us work out the best recruitment scheme for you! Proposed Rate Structure I :;;:"" "' , ",'# ,<'< Classification Rate $/Hr* Secretary I 14.50 Secretary II 15.25 Clerk Typist 13.25 Clerk I 13,00 Clerk II 13.35 Clerk III 13.75 Bookkeeper/ AccountinQ Clerk 15.75 CSR Complaint Operator 13.25 CSR Communication Operator 13.25 Personnel Tech I 15,25 Buyer 16,50 Carpenter 21.00 Electrician 29.75 - Plumber 25.50 Service Worker 13,25 A/C Mechanic 25.50 Painter 14.50 Sprinkler Mechanic 43.25 ~ ... , J\ 'rI '. / l .... *Workers' compensation unemployment insurance, bonding and taxes are inclusive. Plumbing Tests II'" Match correct uses/applications from choices below: Common plumbing sealants: Supply and waste pipe: Material ABS Cast Iron CPVC Galvanized PVC Brass Chromed Copper Sealing Material Teflon Tape Pipe-joint compound Plumber's putty Silicone caulk Uses A. Seals female pipe threads against pressure leaks. B. Seals male pipe threads against pressure leaks. C. Creates a watertight seal around fixtures such as sinks, toilets, showers, and tubs. D. Prevents gravity leaks around faucets, sinks, strainers, and overflows. Uses A. B. C. D. E. F, G. Drainpipes: vent pipes Supply tubing for fixtures Hot and cold water Valves and exposed drain traps and pipes Drainpipes and traps Drainpipes:.bot and cold water supply Main drain waste Others Escutcheon Auger Nipple Snake Ballcock Coupling A. A fitting that is used to connect two lengths of pipe in a straight run. B. A valve inside the toilet tank that automatically fills the tank to a preset level when the toilet is flushed. C. A slang term for a drain auger; either manually operated or powered by Electricity. D. A short piece of pipe with male threads that is used to join two fittings. E. A tool used to clear drains or toilets. F. A decorative trim piece that fits over a faucet or pipe. Figure 1.2 Employee Requisition Form Date: ~ CaMP ANY: ADDRESS: CaNT ACT: TITLE: Department: Position Requested: Number of Personnel Required: ... , Temporary: T emp-to-Perm: P~manet1t: Working Hours: Days: Desired Starting Date: Specifications: (General Description of Duties): /' l ",.;,; Special Qualifications: Department Manager: Figure 1.1 Staffix Recruiting, Selecting and Hiring Process \1" The success of an operation depends on attracting applicants and placing them in the positions most appropriate to their level of skills, experience, and personality. If the wrong person is placed in the wrong position, turnover will result, as the person will inevitably leave the company, voluntarily or otherwise. Trial-and-error methods of employment should be avoided; instead, sound recruiting and hiring practices should be adopted. Associate Recruitment The recruitment of new associates is of special concern to both StaftixH1 and applicant. Management expects good performance and cooperation, while the new associate is seeking fair compensation, to be understood and recognized throughout the induction and orientation process. The recruiting process is initiated by completing an employee requisition -form (figure 1.1). This form indicates the position to be filled and describes the specifications of the job, along with the required qualifications of the applicant. The job description is a detailed statement of the tasks required to get the job done, correctly. Eqch job description includes the minimum employee qualifications including any other detail as .to ensu(~ the applicants to successfully perform the duties required. After receiving the en1ployee requisition from our client, StaftixH1 Recruitment Managers next advertise for the position internally and externally. ~ Selecting Employees The initial contact with prospective associates begins with their filling out an application form. This form is a means of securing standard information regarding the applicants experience and background. No person can be denied the opportunity to submit an application for employment. Questions to be included in application forms depend on the company needs and legal obligation. No question is entertained which-has no usef61 purposes or for determining the applicant's eligibility. The United States Equal Employment Opportunity Commission was established to enforce the Civil Rights Act, which protects against discrimination based on; race, 'color, religion, sex, or national origin. Because of increased emphasis by state and federal governments to avoid discrimination in 'employment, application forms must be carefully worded as to avoid requesting any pre-employment information which could be considered discriminatory. y Pre-screening StaftixT\1 Recruitment Manager will conduct the pre-screening interview. The purpose of this initial interview is to screen and eliminate any applicant not meeting the criteria for the job advertised within the specified company job description assessment. Our Recruitment Manager is well trained in interviewing techniques, as a high percentage of people applying for jobs tend to exaggerate their skills and abilities, to misrepresent their backgrounds, and to conceal or minimize their weakest qualities. Applicants who are not selected will be notified as soon as possible of the company's decision and their applications kept on file for future reference, mainly for a more suitable position in which they may be better qualified. Our Recruitment Manager will immediately proceed to check references of those candidates selected from the interview. Checking references will reveal issues such as extreme absenteeism, irresponsibility, and not giving adequate notice, or detect a person who always wants to work at a new property only to quit shortly after the establishment opens. References will be checked in writing, although in most cases previous employers will be "legally" reluctant to put on paper their actual aceounting of the applicant. Written reference checking is usually limited to a mere verification of current or past employment. Telephone conversations can often reveal much more about the applicant recent work history. StaftixT\1 utilizes the website www.miamidade.gov for criminal background checking. The Interview Those employees who have cleared the reference check are invited to a personal interview. The goal of an interview is to find the best match between the person and the position to be filled. The interview also allows the candidate and the supervisor the opportunity to meet face to face as to explore the possibility of a mutually agreed position sought for employment. Interviewers will evaluate the applicant's technical skills, general temperament, and emotional traits. By asking technical questions related to the job opening, the interviewer will try to ascertain the candidate's attitude toward the job and the first impression the applicant displays while meeting other customers and fellow associates. Some technical characteristics will be ascertained from factors such as previous work experience and training, knowledge of the job, physical determination, and alertness. Personal traits to be sought, is the stability, reliability and initiative. In essence, the interview is a two-way communication effort in which the interviewer states the nature of the job opening and the applicant presents his or her own qualifications to fill the position. The result of the interview will be communicated to the candidate as soon as possible. If the decision is positive, applicants should know immediately as they can give appropriate notice tQ. their clJrrent employers and get ready to start work at their new job. If the decision is negative, applicants should be:;'otified so they could continue their search. In this case, the candidate should be thanked for the time taken in interviewing with the company. If the person is not chosen, but merely is in need of training, the recruiter will offer our free lraining program. ,,", Testing Tests are given to prospective employees as instruments of selection, particular to those seeking skilled positions. However, because tests are only a subjective method of measurement, they are not as valid as the direct measurement of people's abilities. Tests should never be given in lieu oHnterviews of'direct performance observations. Psychological testing, nevertheless. can be a helpful tool as to avoid hiring unqualified candidates. Intelligence tests used in the industry measure vocabulary and arithmetic skills. Some tests' are designed for supervisory and managerial positions and a few for workers at an entry level. Some aptitude tests are applicable to the industry as to measure the applicant's hand dexterity. These are suitable for workers involved in manual tasks. Others test clerical aptitude and recommended for bookkeeping, cashier, and secretarial jobs. Interest tests provide some measure of an applicant's relative interest for certain fields of work. These procedures provide our recruitment staff with an all-around better understanding of each potential candidate abilities and desires. See attached plumbing test. (Figure 1.2) Hiring/Placement After being accepted for employment. workers are asked to report to Sta(fixH1 Accounting Manager for their induction and orientation into the company. The purpose of the induction and orientation process is to complete the necessary paperwork regarding the future associate as well as, to answer any further questions. and to make the new associate feel welcome. All documentation regarding the new associate will be completed at this time. This procedure includes filling out the W-4 (tax withholding statement), 1-9 (proof of residence). At this time, new employees are provided with the employee handbook. The employment checklist includes all prerequisites that need to be completed before employees are sent to their respective job assignment and begin work. The induction and orientation process continues with the orientation of the new associate. The purpose of orientation is to acquaint the employee and the organization with one another. During orientation, the philosophy of the company will be explained, any benefits, paY'l'Ote. deductions and payroll procedures are discussed. This also includes the "dos and don'ts" any job may possess, or general house policies as stated in the employee handbook, are described in detail. Additional information, such as hours of work (shift) and the necessity for calling in as soon as possible in case of illness or emergency are explained. as well as where to check in and out, uniform procedures and grooming standards. Client Referral List Company Address Contact/Title Tel. No./Fax Description of Contract \ No. Temporary Amount Services Provided SMG 1901 Convention Steve Clark Tel (786)276-2600 Housekeeping $ 600,000 Center Dr. Operations Fax (786)276-4344 Maintenance Manager Biscayne Bay 1633 N Bayshore Dr Ashraf Hassan Tel (305) 374-3900 Food & Beverage $ 100,000 Marriott Miami. FI 33132 Banquet Director Fax (305) 579-0108 Jonathan Barnett Executive Chef Ritz Cartton Key 455 Grand Bay Dr. Valerie Tzucker Tel (305) 365-4500 Food & Beverage $ 250,000 Blscayne Key Biscayne, FI Human Resources Fax (305) 365-4504 Purchasing 33149 Manager Maintenance Ritz Cartton South 1 Lincoln Rd. Greg Merrick Tel (786) 276-4057 StewaLding $ 550,000 Beach Miami Beach. FI Human Resources Fax (786) 276-4001 Housekeeping 33139 Dir. ~,\ ,~ '~ . <I . . Armellini Express 2811 NW 74111 Ave. Edwin Galdamez Tel (305) 592-5933 Casual Labor $ 300,000 Lines Miami. FI 33122 Operations Fax (786) 331-7493 Mairltenance Manager Seminole Hard 1 Seminole Way Norris Hall Tel (954) 797-7367 Housekeeping $ 400,000 Rock Hotel Hollywood, FI 33314 Housekeeping Fax (954) 797-2350 Food Service Director ~.-- / Parrot Jungle 1111 Parrot Jungle Tr. Aaron Beyah Tel (305) 400-7235 Food & Beverage $ 150,000 Miami. FI 33132 Director of Services Fax (305) 400-7290 " f La Gorce Country 5685 Alton Rd. Vok Olnic Tel (305) 867-2507 Food & Beverage $ 75,000 Club Miami Beach, FI Food and Fax (305) 261-4939 33139 Beverage Director Marriott Harbor 3030 Holiday Dr. Vincent Andriola Tel (954) 766-6198 Housekeeping $ 250,000 Beach Ft. Lauderdale, FI Dir. Of Services Fax (954) 847- Maintenance 33316 PROPOSER INFORMA TIOH Submitted by: . il/ Ill'() <3 G;8S6l\ / STAf"F \ X Proposer (Entity):. PMFEsSiONAL MANAGemENT ---STAFEiN6. i NC . DBA GTA-FFI)( Signature: ~fJ1A ( & Name (Typed): Address:\ ,III'" Q' d "+I~ R~rIl~J ne ~ u . City/State: l\ J\ . . . 1'(,\8ml Fl co\8'2 \ Telephone: 2>(")5 , 51 ~ - OCDClG Fax: ~05- 5111,-85.22 It is understood and agreed by Proposer that the City reserves the right to reject any and all proposals, to make awards on all Items or any Items according to the best Interest of the City, and to waive any Irregularities In the RFP or In the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property Interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. . IuJlJr; ~ (Authorized Signature) '\N;lm~ God (printed Name) RFP NO. 37-04105 DATE: 8/3/05 22 CITY OF MIAMI BEACH ~O~ (Date) " OECLARA TION TO: Jorge M. Gonzalez City Manager . City of Miami Beach. Florida Submitted this l.o+h day of l~pte.ro.hF.r .2005. The undersigned. as Proposer. declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this propo$al is in every respect fair and made in good faith. without collusion or fraud.' , The Proposer agrees if this proposal is accepted. to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach. Florida. for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 37-04105 /;sJJ;1 (U 9-- SIGNATURE \\IdOla esgsll PRINTED NAME P~e~id (Aj-1 TITLE (IF CORPORATION) RFP NO. 37-04105 DATE: 8/3/05 24 CITY OF MIAMI BEACH ____.1:.____ QUESTIONNAIRE Proposer"s Name: ~TAFF 1;( Principal Office Address: , d 14-42- P SCfl,IJ nt=', fJu . N\;OVY,; ,fl, 55152- Official Representative: I V\1. \~'n() ClaQO Individual ~ ~ircle One) ~ If a Corporation. answer this: When Incorporat,,: I nqq I In what State: -F\nr;r1n If a Foreian COrPoration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-Presidenfs Name: Treasurer"s Name: RFP NO. 37-04/05 DATE: 8/3105 25 CITY OF MIAMI BEACH Members of Board of Directors: ~r;~~~tr1~/VI1 ~r~ ~o.;;l If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS \' ,,,, - "\'.... I ,_ fl. ---L ~- ---'" J v._--~ 1 1/ '-,,:,.:........- r * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: I ~ 2. Have any similar a$lreements held by Proposer ever been canceled? Yes ( ) No (t<) If yes, give details on a separate sheet. RFP NO. 37-04105 DATE: 813/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be In default in any contract In the last 5 years? 'NO 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 N 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: No\lt A. List an pending lawsuits: RFP NO. 37-04105 DATE: 8/3105 27 CITY OF MIAMI BEACH Questionnaire (continued) B. List all judgmen~ from lawsuits in the last five (5) years: NC\-J~ C. List any criminal violations and/or convictions of the Proposer ' and/or any of its principals: l\J l\N r 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 6"'-0 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals ha,ve 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) N J)1 e- o RFP NO. 37-04/05 DATE: 8/3/05 28 CITY OF MIAMI BEACH . - ,.' . Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such 'additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The proposer further understands that the infonnation 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 Infonnation for credit check. WITNESS: IF INDIVIDUAL: Signature Print Name Signature Print Name WITNESS: IF PARTNERSHIP: Print Name of Firm Signature Address Print Name By: General Partner Print Name ~/~.~ ---- . / / ~;/'/ -_/ Signat~ - /O/~~ rint Name IF CORPORATION: 17.1 i In I Print Name 0 tv1t ," orporatl J0V~tJ~BY President I \n C 141f1- By: (CORPORATE SEAL) Attest: Secretary RFP NO. 37-04105 DATE: 8/3/05 29 CITY OF MIAMI BEACH ~ e~\--\ \ ~\T ~ - - ORDINANCE NO. 2001-3301 AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, n..ORlDA, CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED "PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION", BY ESTABLISHING A LIVING WAGE REQUIREMENT FOR CITY SERVICE CONTRACfS AND ESTABLISHING A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR REPEALER, SEVERABILITY, CODlnCA TION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach awards private finns contracts to provide services for the public. The City also provides financial assistance to promote ec:onomie development and job growth. Such expenditures of public: money allo servo the public purpose by creating jobs. expanding the City's economic base. and promoting economic: security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time. pcnnanent jobS that allow citizens to support themselves and their families with dignity. Sub-poverty level wqes do not serve the public purpose. Such wages instead place an undue burden on taxpayers and the community to subsidize employers paying inadequate waaes by providing their employees with social services sueh as health care, hoUlinl, nutrition, and energy assistance. The City has a responsibility when spending public fundi to set a community standard that pennits full-time workers to live above the poverty line. Therefore. contractors and subcontracton of City service contracts should pay their employees nothing less than the living waF herein described; and WHEREAS, in addition to requiring Iivinl wages for City services provided by private finns. the City wishes to serve as an example by providing a living wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Division 6, to be entitled "Livinl Wage Requirements for City Contracts", of Article VI. entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "AdminilU'Btion" is hcnby created to read as follow: 10f9 Chapter 2 ADMINISTRATION . . . Article VI. Procurement . . . Division 6. Uvin, WaJc Requirements for Service Contracts and City EmDlo~s . . ... Section 2-407.R..P1'" Dellnldo... (.l "City" means the ~ovem~nt of Miami Beach or anv authorized 8,ents. any board. aplley. commission. department. or other cntiJy theROf. or any successor thereto. (b) "Cove~ Emoloyec" mean. anvone employed by the Citv or any Service Contractor. as funher defined in this Division. either full or gart time. as an emDlovec with or without benefits or as an in~dent contras;tor. (cl "Covered Bmplo\'C(' means the City and any and all Service ContractoR. whether contractin, directly or indirectly with the City. and subcontractors of a Service Con\t8Ctor. Cd) "Service Contractor" is any individual. business entity. cor,poration (whether for Drofit or not for profit). oartnenhtp. limited liability company. joint venture. or liJnilar business who is conductio, busineu in Miami Beach~ or Miami Dade County. and meetJ one (1) of the two (2) followinll criteria: (1) The Service Contractor is: (8) plid in whole or part from one or more ofthI;Ci~'''lleneraffund.. caJlital prQiect finds. ~tI revenue funda. or IlIlY other funds either directly or indirecdy. whether by comoetitivc bid procell. informal bids. requests for prooosaJs. some form of lO1icitation.l1CJodation. or I,lR'OmenL or any other decislqo t9 _r into a contract: or (b) en,.pd in ~ buslneR of. or part of. 8 contract to provide. a subconb'8CI to PrOvide. or simjlarlv situated to DI'Ovidc. services. either direcdy or indi!ecdv for the benefit of the City. However. this does not awl)' to contract& related prilJUl{jl)' to the sale of products or &9QdL eel .'CoVCJed Services.' are the tvDC of services pwchased bv the City that are subject to the requin!menta of this Diyision which include the followins: Cl 1 City Service Contracts Contracts inyolvin, the City's expenditure of over 5100.000 per year and which include the (oUowin, ~ of Berv~: (1) food prepration and/or distribution~ (2) lCC1Jrlty lCI'Yices~ (3) ~utine maintenance services lOCh 81 CUltodial. cleaning. computen. refuse removal. ~air. reftnishill2. and recyclinl: 20f9 .. (4) clerical or other non-supervisory office work. whether terJlPOl'8lY or pennanplt: (5) t.rans,portation and pkin8 services: (6) printin, and ~production services: (7) landscapine. Lawn. and or apicultural services: and (8) park and public place maintenance (2l Should any services that are bein2 nerfonned by City Emn]o.s at the time this ordinance is enacted be IOlicited in the future bv the Ci~v to be nerformed bv a Service Contractor. s~h lervices""" be Covcnd Services subiect to tllia Division. SECrION 2.0408. "111\'" LIVING WAGE fa) Ll\1n2 Waae ~ld. (1) Servlc:e Contndo"r AIl Service Contractors. as defined lJy this Division. enterinl into a contract with fl1~ Ci~ of Miami Beach shall tHlY to all its cmplo~s who provide services cov~red by this Division. a livin, w.,e of no Jess "'an $8.56 an hour with health benefits. or a Iivin, wlp of not leas than $9.81 an hour without health ben~fitl. 88 described in this Seelio'll (2) Cltv EmDtowlIL Por Ci'Y Bmployees under the City Day plan. the City will bopn to p~ a livinS! WI,,!e consialent with the 2oa1s and tenDS of this Division on phase-in basis beJinnin, in the 200 1-2002 City budcct year. inl!Ml'~1\' on an annual basi. incrementally so that the UvinS Wqe is fully impteQlC3)ted for City ClfllPloJeCs in the 2003-2004 City bUdJet year as {Jl'Y be acljusted pursuant 10 lubaection eel below. Thereafter. the UvinR Woe to be oaid bv me Citv to ita emolowa &hall not be subiect to the annual in~in2 OIinS! 1M Consumer Pri~ Tn~'1 fqr 811 UtbIm ConSUI1W'R (CPI-ffi mmirP.d under Ilubsection eel below and in.t....JId IhaJI be .ubiect to nell.otiations within the CQlleclive banraininR stmctQte. (b) Health Benents. Por I Govered B11lP10ver or the CiIV to complv with the livin, waae provision by c:hoosin, ~ pay the lower w.,e scale aYailable when a Covered Bn1p1Qyer also provides health benefits. such health benefits shall cOllaisl of pavment of at leut $1.25 per hour ~owBJds tile provision of health care _eft.s for Covered Employees and their ~pendents. H the health benefits plan of the Covered BlnDlover or the Citv reauires an initial period of ernplovment for a new cmpl())'CC to ~ elhrible for health benefits (olilibilily ~rlod) luch Covered EmDlover or City m~ qualifY 10 DaV the SS.S6 per hour waF scale durin, the new eD\P~.s initial e1igibi'i~ period provirWI the new ernplowe will be paid health benefits QpOD cOlllPletion of the eliaibili~ period. Proof W the pJ'()vision of helllb bcmefita must be sulqitted to the awarmn2 authority to qualify for the ~...e rate for emplQyeeI with health beq;ti~ ecl lDdaIM. The liviD2 waRe will be automatically indexed each year _nJ the Consumer Price Index for all Urban Consumers (CPI-tn unless the City Commission detennines it would not be fiscally sound 10 implement the CPI-U in a particular year. 30f9 Cd) Certiftaatlon Reaulred Betore PaVJDellt. Any and all contracts for Covered Services shall be void. and no funds may be released. unless prior to enterina any a2l'eemen~ with the aty for a Covered Services contract. the employer certifies to the City that it will D"Y each of ita el1\pJO,)'eeS no lell than the IivinJ wqe described in Section 2-408 (a). A cOj)Y of this certificate must lle made available to the public upon l'CQUC8t. The certificate. at a minimum. must include the followin~: (1) Ihe name. Address. and Jitone number of the emplover. a local contact penon. and lhe soccific oroject for which the Covered Services contract is soulbt: (2) the amount of the Covered Services contract and the City Department the contract will serve: (3) a brief descriotion of the prQiect or service provided: (4) a statement of the wa,~ levels for all emDlovees: and (S) a cQmmitment to pay all emvJoyees a livin, wan. as defined by paruraph Section 2-408 eal. (e) ObaerYat1oD of Other La... Every Covered ErnDlovce shall be Daid not Jess than biweeklv. and without lubseouent deduction or rebate on anv account lexce1)t as such oavroll deductions 88 are directed or pennittcd by law or by a collccti ve barpinin8 apeement). The Covered Employer shall p~ Covered EnlPloyees wan rates in accordance with f~raI and all other aDPlicable Jaws .uch as overtime and similar waF laws. (I) Podn.. A copv of the livin, was rate shall be kept POlted bv the Covered BmDloycr . tbe aite of the work in a prominent place whlR it can euUv be seen and read bv the Covered Bmj)Joyees and shall be .....ied to the eIIlPloyee within a reaaonabJe time after a request to do 80. Poslin. requirements wi)) not be required where the Covered EmploYer mints the foJlowin2 statements on the front of Ihe CovCftKI EmDtO"". fint pa~k and every six montha themafter: "You arc IeQpirecf by Ci\y of Miami Beach law to be paid at least S8.56 dollm an hour. If)'Ou are not paid thil hourIv mte. contact wur eq)lo\'el'. an 1U00000V. or the City of Miami Beach." All notices will be printed in BnJlilh. Soanish. and Creole. (al CoHee"" Ba....lnl..,. Nomina in this Division shall be read to ~~re or authorize anY Covered Brrw10ycr to reduce wapi set by a collective bqainin, apeement or are reauind under any prevailin, waJC law. 40f9 SECTION 2-409. ReserWMI IMPLEMENTATION (a) Procurement SpednCllttons. The livimz waRe shall be reauired in the orocurement sp:cificationa for all City service contracts for Covered Services on which bids or DrqposalS shall be solicited on or after the effective date of this Division. The orocurement soecifications for applicable Covered Services contracts shall include a reauirement that Service Contractors and their subcontracton agree to produce all documentl and records relat)n, to payroll and compliance with this Division ",Don reauest from the City. An Covered Service contracts awarded subsequent to ~he date when this Division becomes effective. shall be subiect to the requirements of this Division. ~) Information n18tr1buted. All requests for bids or reauests for DI'ODOsals for Covered Services contracts of $100.000 or more shall include aDorooriate infonnation about the reQuirements of this Division. ec) Main_lUKe of Payroll Rem". Bach Covered Bmolover shall maintain uavrol1s for all Covered ErQployees and basic records rei.", themo and shall preserve them for a DCriod of three (3) years or the tenn of the Covered Services contract. whichever is l!t'Cater. The records shall contain: (1) the name and 111'11'1"''''1 of each Covered ElIlPloyee: (2) the job title and cluaification: (3l the number of hours worked cach ~: (4) the emss w.,es eamec:l and deductions made: (5) annual wawea paid: (6) a cQpv of the lOCial security returns and cvidence of navment thcmJf: (7) a record of mnRc bencfit payments includinR contributions to a,pJH'Oved plana: and (3) any other data or infonnation this Division shoQld I'CCluire from time to lime. (d) ReDOrdDJ Pavroll. Everv six l61 months. the Covered Bmnlover shan file with the Procurement Director a comnletf! navroll showinlr the Covered BrrQJlover'a DAvmll recordI for each Coveftld Emolovee worIdnlt on the contrBct(s) for Covered Services for one Dawoll neriod. Uoon reauest from the City. the Covered Enwlo)'Cr shall produce for inspection and co-pyin, its Da,yroll records for any or all of itl Covered EmpIowa for any period covered bv the Covered Service contract. The Citv mav examine oavroll records as ~.d..,d to ensure comnliance. SBCI'ION 2-410. Rele"_ COMPLIANCE AND ~ORCEMENT. ta) ServIce Contractor to Coooerate. The Service Cofttractor shall DenDit CilV emolovecs. apla. 01" representatives to observe work bein, performed aI. in or on the prQject or matter for which the Service Contractor has a contract. The City rej)I'CscotativCl may examine the books and records of the Service Contractor relatin, to the emplovment and nqyroll to detennine if the Service Contractor is in comoliance with the provisions of this Division. Sof9 , (b) ComolaIBt Procedures and SfnetloDs. n) An employee who believes that this I)jviaion IOJ)lies or 8pDlied to t)im or her and that the Service Contractor. or the Citv. is or wu not conw1yin, with the requirements of this Division has a ri~t to file a cODlPlaint with the Procurement Di~tor of the City. Complainq by employees of alleFd violations may be made ,t any lime and shall be investigated within thirty (30) ~ by the City. Written and oral statements by an employee shall be treated as confidential an<J shall not be disclosed wjlho~t the written consent of tbe e~loyec to the extent ,1Jowed \,v the Florida SWute&. (2) AnY individual or entity may also file a complaint with the Procurement Director of the City on behalf of an emlJlovce for investigation bv the City. (3) h shall be the re$p01lSibility of the Citv to investiRa~ all alleptions of violations of this Division within thirty (]O) clava. If. at any time. tttf City. won inveatilaqon determines that a violation of this Division has occurred. it shall. within ten 1l0l workin, ~ys of a findin, of non-compliance. issuc a notice of corrective action to the employer s~ifyil\ll all areas of non-comoliance and deadlines for resolutions of the identified violations. If a Service Contractor fails to comply with any Qotice iu'~. the City Mana,er or the City Manater's desipcc ~ ~ue .. order in writinR to the Service Contractor. by ccrtifiecl mail or hand delivcrv. notifvinJ the Service Contractor to IUJgear at an administrative hearin, before the ell)' Man.,er or the Citv ManaRef's desitnce 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 proccedinJf shall be infonnal. but shall afford the Scn;cc Contractor the niht to testify in the Service Contractor's own defense. greaen, wimcascs. be I1lDI'eIen~ by counsel. submit relevant evidence. cl'918 examine witDCIscs and o~t to evidence. (S) The proceedil\U shall be recorded and minutes tent bv the Ci\)'. Any Service Contractor requirinll verbatim minutes for i'l~ial review m"y amn,e for the services of a coun reoorter at the exoense of the Service ~ontractor. (6) Within ten (10) dIlya of the close of the heann.. the Citv M~er or the City M~r'a _pee shall lender a ~iaion in wriain, ~oiq whether or not the Scfvice Conb'llCtor il in compliance. or whether other actiQD ",ouJd be talcen. or whether the matter should be continued. u the cue may be. and swin2 the MasonS and findinp of fact. (7) The Cl\y Man... or the Cil)' Man.r's desianee shall file findina with the City Clerk. . shall scnd a true and comICt CQ1)Y of his order ~ certified mail. return receipt requcsted. or by hand dclivCly. to the business address u the Service GPntractor shall desiplate in wrilln,. (8) The C:;:ity Manucr', or ctesipee's !indin.. shall constitute the fiDaI administrative action of the City for pUl'DOSCS 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 Manlier's desienee. or to comply timely with such order. the City may Dursue the ~nforcement of sBn~tions set forth in Section 2- 410 (c), Cel Prlyate RJmt of Adlon Ani.. Service Contractor Anv Covered Emolovee of Qr fonner Covered Bmnlovee of a Service Contractor may. instead of wilizin2 the City administrative nmceduns set forth in this Division. but not in addition to such orocedure. brinR an acti~ bv filing suit ,ulain.t the Covered Emnlover in anv court of COIlJostent iurildiction to eQforce the nrovisions of this Division and mav be awarded back nav. benefits. attomev's fees. and costs. The a~licable statute of limitations for such a claim will be two (2\ veanl 8A DrOvidM in Florida Statutes Section 95.11(4)(C) for an action for oavment of watres. The court may also imoose sanctions on the Service Contractor. includinR those oenons or entities aidin2 or abetting the Service Contractor. to include wue restitution to the affected Covemd Emo]oycc and damalles oavable to the Covered Emnlovee in the sum of un to $500 for Mch week each Service Contractor is found to have violated this Divisioo. Cd) SUetloDl Aulnlt Service Contndon. For violations of this Division. the City shall sanction a Service Contractor bv n:Quirin8 the Service Contractor to pay waae restitution at the em{)loyers e~pense for eacb affected employee and mQY access the fOllowin,: (I) The City m-.y ilJlPOSe dama2es in the sum of $500 for each week for each emploYee found to have not bee" paid in accordance with this Division~ andlor (2) The City may-susoend or terminate oavment under the Covered Services contract or terminate the contract with the Service Contractor: andlor (3) The City ma,y declare the eDlPloycr inelilible for future service contracts for th~ (3) years or until all nenalties and restitution have been paid in full. whichev~ is lonser. In addition. IIIJ elQoloyers shall be inelipble under tbis section where principlll officen of the cl1'lP10yer were principal officers of an employer who violated this Division. Ce} PubUe Reeo~ of SandloD.. All such sanctions recommended or imposed shall be a matter of public recon!. cn . s.netlonI for Aid"!! and Abettin2. Thc sanctions in Section 2-410 ec) shall also aODly to any plrty or DIrties aidin, and abettin, in any violation of this Division. C,) ."'llallon aacl Discrimination Barred. A CovC1'ed Bmolover shall not dischlU'2.c. reduce the compensation. or otherwise discriminate .pinst any Coyered Bmolo)'eC for makin, a COlI\Plainl to thc City. or otherwise 88l1e1tin, his or her riutl under this Divi.!on. l)BrticipatinR in any of its procc:edinp or UBin. any civil remedies to enforce hi. or her riJhta under this Division. Alleilations of retaliation or discrimination. if found true in a oroceedin, under parlllI'Bl)h Cb) or by a court of competent iurisdiction under ~8I'.h (cl. shall result in an order of restitution and reinstatement of a dischlU'lled Covered Bm,pJovcc with back pay to the date of the violation or such other relief as deemed aP-PrQpnate. 70f9 : (h) EnforeellleDt Powers. If necessary for the enforcement of this Division. the Citv t.ta......: Commission may issue sub~nlS. comnel the attendance and testimony of witnesses and DfOduction of books. Daoera. recorda. and documents relltin, to pavrolJ records necessary for hearinR. investiptions. and proceedinp. In case of disobedience of the .u~poenL the City Attornev may IPJJly to . court of comoetent iurisdiction for an order rcquirin2 the attendance and testimo~y of witnesses and production of books. papers. recorda. and documenll. Said court. in the case of the refusal to obey such lubj)oena. after notice to the person subpoenaed. and upon findin, that the attendance or testimony of such witnesses of the production of such books. DeDem. records. and documents. as the case may be. is relevant or necess&Jy for such hearin,s. investiptions. or proceedin,s. may issue an order requirin2 the attendance or testimol1Y of such witneaaea or the production of such documents and any violatioo of the court.s Older ~ be punishable by the court as contempt thereof. (j) ReaaedJa Herein Non.Exclulve. No mmeclv set forth in this Division is intended to be exclusive or e prerequisite for auedin, a claim for relief to enforce the riehts under this Divisioo in I court of Ilw. This Division shall not be constJUed to limit an emplovce's riebt to brinR a common law cause of action for wrongful tenoination. SECTION 2. REPEALER. All ordinances or parts 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. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach. and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code Qf the City of Miami Boach, Florida. The sections of this Ordinance may be returned. 80f9 SECTION 5. EFFJCTI~ DArE. This Ordinance shall take effect on the 28th day of AprU . 2001. PASSED and ADOPrED this 2!!!!.. day of April. 2001. A TrEST: JlftJ MAYOR _,41 u.0' ~ L c.1~ CITY CLERK lit reading 2nd Je8ding XX Ordinance No. 2001-3301 APPROVED AS TO FORM & LANGUAGE & FOR BXECtmON r-~~'- IIQINY_~---......---.. 90f9 ORDINANCE NO. 2003-3408 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6, ENTITLED "UVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES";BY AMENDING SECTION 2-408(b). ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE uEUGIBIUTY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE THE $8.51 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City award~ contracts to private firms to provide serVices for the pUblic and also provides financial assistance to promote economic development and job growth; and WHEREAS, such expenditures of public money also serve a public purpose by creating jobs, expanding the City's economic base. and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, permanent jobs that 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 therefore, contractors and subcontractors of City service contracts must pay their emproyees 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 aU 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) He.lth aen"'. Fer a Cevereci EMpleyer or the Ci\' ta &empty v.'~ t~e li~iAg wage pM',isioR By G~oo6iAg to pay the le':Jer wage 898le a'l8Aable when a Ce'/ereci IiMployer alee pNvMta8 ~eallh benefit8, SWG~ health benefits shall GeAeiat af payMent sf at least $1,2& per hewr towaFds the prv.illeR sf J:lealth 88M benefits fer C8\'ered Empleyeal aRci their ciepen~eAts. If the health benefits plan af lAe CS.JeF8ci impleyer er lA_e City re"..Ir:ee aA IAilial peFfe~ sf empleYMent for a A..... 8mpleyee to b8 eligible fer health Benefit& (ellgl8l11ty p.Fie~) susl=t Co'..re"limpleyer er City FRay qwalify &9 pay tha $8.1i& per howr was. Isal8 "wFing the Aev.' empleyee', eligillllity peFiH pre'Acies tl=te nev: emplsyae will ba pal" health benefil& ..pen 'OMplellen ef tJ:le eligibility peRe". Pree' ef tJ:le pFe'tieion ef health D'Refits m.,st De sW8mlUe" Ie IJle aW8rGIAlautJ:leFily te "wallly fer tl=te wage Flte fer .",pleyees wlt~ healtl=t benefits. lb~ He.1th Beneflls: ella.bUllY Derlod. For a Covered Emolover or the CItY to comDlv with th_ IlvIna waae Drovlsion bv chooslna to DaY the lower waae scale available when a Covered EmDloyer also Drovides health benefits. such health benefits shall consist of Davment of at le8st 51.25 Der hour toward the DI'Ovlsion of health benefits for Covered EmDlovee.. and their deDendents. If the health benefits Dlan of the Covered EmDloyer or the CItv reauires an initial oertod of ~~.o=nt for II new emDlovee to be eliaible for health benefits Celiaibility Derfod) the I___e DroYlsion shall be comDlied with as follows durina the eliaiblllty Deriod: (1) p:vided the new emDlovee wit be Dald health benefits UDon the comDletion of ~_ :~~nt~~rlod. a Covered EmDlover or the CItv may only aualify to Dav the _ ._ _ _ r ___ waae scale for a term not to exceed the first ninety (~) days of the new emDlovee's ellaibilitv Deriod. said term commenclna on the emDlovee's date of hire,