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HomeMy WebLinkAboutInvitation for BidINCORP=. GRATED 1890 City of Miami Invitation for Bid (IFB) Purchasing Department Glenn Marcos, CPPB, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: 66044,2 Title: Invitation for Bids for Temporary Personnel Services Issue Date/Time: 28-DEC-2007 IFB Closing Date/Time: 02-JAN-2008 @ 13:00:00 Pre -Bid Conference: None Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: December 14, 2007 at 5:00 p.m. Buyer: Rath, Michael Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: MRath@ci.miami.fl.us Buyer Facsimile: (305) 400-5153 Page 1 of 59 City of Miami Invitation for Bid (IFB) Purchasing Department Glenn Marcos, CPPB, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 60, Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 66044,1 Invitation for Bids for Temporary Personnel Services 21-DEC-2007 02-JAN-2008 @ 13:00:00 None December 14, 2007 at 5:00 p.m. Suarez, Maritza City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US msuarez(a ci.miami.fl.us (305) 400-5025 Page 1 of 59 t . it Lit4IIthuni GLENN M.ARCOS PEDRO G. HERNANDEZ Chief Procurement Officer City Manager ez iUM t W% ADDENDNO. 1 BID NO. 66047 December 20, 2007 Invitation For Bid for Temporary Personnel Services TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Please note the contents herein and reflect same on the documents you have on hand. The closing date and time for the above reference bid has been changed to Wednesday, January 2, 2008 at 1:00 p.m. Section 2.24 PRIMARY VENDOR DESIGNATION should read as follows: While the method of award identified in this IFB prescribes the method for determining the lowest responsive, responsible Bidder, the City reserves the right to award this contract to the designated lowest Bidder; by item group, as the primary vendor and to award this contract to the designated second lowest Bidder; by item -group, as the secondary vendor and then, tertiary. If the city exercises this right, the primary vendor; by item -group shall be given the first opportunity to perform the service or deliver the goods identified in this contract. If the primary vendor; by item_group, declines this opportunity, the City shall seek the identified services from the secondary vendor, by item_greup. In addition, if the secondary vendor also declines the opportunity, the tertiary vendor will be notified. It should be noted that price conditions of this bid, may affect the order of designation. The following section has been added to the contract: 2.34 Employee Parking Permit A City of Miami Parking decal will be provided to employees contracted through the agency, at no cost, for the length of the temporary assignment. Parking decals need to be returned to the hiring department at the end of temporary assignment. It is the responsibility of the agency to ensure that parking decals are returned to the City upon termination of the temporary assignment of the employee. If the decal is not returned, the agency will be charged $25.00 per decal. Monies owed to the City as a result of this provision shall be deducted from the last invoice submitted by the agency for payment. Delete Section 2.12 Insurance Requirements, subsection (3) Business Automobile Liability. Delete the job classification of Adjuster Amend the job classification to remove the Driver License requirement for: Specification Writer, Grant Writer, and Painter. In addition, the following is the City's answers to question received from prospective bidders: Q1: Is there a bid bond/performance bond requirement? Al: There is no bid bond/performance requirement. Addendum No. 1 Page 2 December 20, 2007 Q2: Will you provide the current vendors pricing? A2: Attached is a copy of the current contract pricing. Q3: Do you know the annual estimated spend of this contract? A3: The annual estimated expenditure for this contract is $951,517.60. Q4: Do you know the number of "temporaries" on average that are working for The City of Miami? A4: The average number of temporaries hired on annual basis is 80-90. Q5: The indemnity and insurance requirements provided for under this RFQ are outside bidder's policy for provision of driving or cash handling positions. The positions in question: Adjuster, Specifications Writer, Laborer, Painter, Sr. Heavy Equipment Operator, Heavy Equipment Mechanic and Heavy Equipment Helper have either a driver's license requirement (inferring that driving is a component) or stated that driving of some type was required. Agency provides drivers as long as the City acknowledges that the temps are permissive drivers and assume liability for all associated claims except for workers compensation. The City's indemnity and insurance requirements as stated in Contract don't provide these protections. Can the City revise these specifications? A5: The Automobile Liability Insurance Coverage has been removed; and the driver license requirement has been removed from certain job classifications as already indicated in this addendum. For those job classifications where a driver license remains a requirement driving is limited to heavy machinery primarily designed for use off public roads. Q6: Will temporary agencies be able to keep the temporary positions they currently hold under the existing temporary services contract, even if they are not the primary on the new contract? A6: Any temporary positions under the current contract would have to re -fill by the new temporary agency, if it's a different one. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Sincerely, () Glenn Marcos, CPPO, CPPB, FCPM, FCPA Director/Chief Procurement Officer City of Miami Bid No. 05-06-027 Item bescription Group I Receptionist Clerk I Clerk II Clerk Typist Secretary Administrative Assistant Scheduler/Spec. Community Projs. Group II Account Clerk Accountant, Senior Accountant Group III Legal Secretary Paralegal Group IV Transcriber Group V Adjuster Specification Writer Special Projects Administrator REVISED AWARD SHEET Primary Vendor, Secondary Vendor Pay Rotes Pay Rates AMA Employment of Miami Aerotek $ 1.2499 multiplier $ 1.2499 multiplier $ 13.12 /hr $ 13.12 /hr $ 13.12 /hr $ 13.12 /hr $ 14.47 /hr $ 14.47 /hr $ 13.77 /hr $ 13.77 /hr $ 15.20 /hr $ 15.20 /hr $ 18.75 /hr $ 18.75 /hr $ 20.47 /hr $ 20.47 /hr A1A Employment of Miami "` Westaff (USA), Inc.. $ 1.2500 multiplier $ 1.2500 multiplier $ 16.75 /hr $ 16.75 /hr $ 1.3000 multiplier '_ $ 1.3250 multiplier $25.89 /hr $26.39 /hr $22.34 /hr $22.77 /hr A1A Employment of Miami •' Westaff (USA), Inc. $ 1.2500 multiplier $ 1.2500 multiplier $ 18.54 /hr $ 18.54 /hr $ 26.16 /hr $ 26.16 /hr AlA Employment of Miami r Westaff (USA), Inc.. $ 1.2500 multiplier a $ 1.2500 multiplier $ 23.74 /hr $ 23.74 /hr A1A Employment of Miami Westaff (USA), Inc. $ 1.2500 multiplier $ 1.2500 multiplier $ 23.63 /hr $ 23.63 /hr $ 31.25 /hr $ 31.25 /hr $ 55.54 /hr $ 55.54 /hr Tertiary Vendor Pay Rates Westaff (USA), Inc. $ 1.2500 multiplier $ 13.13 /hr $ 13.13 /hr $ 14.48 /hr $ 13.78 /hr $ 15.20 /hr $ 18.75 /hr $ 20.48 /hr Aerotek $ 1.2678 multiplier $ 16.99 /hr $ 1.6800 multiplier $33.46 /hr $28.87 /hr Pacesetter Personnel Svc. $ 1.2750 multiplier $ 18.91 /hr $ 26.69 /hr Aerotek $ 1.2678 multiplier $ 24.08 /hr Aerotek $ 1.2678 multiplier $ 23.96 /hr $ 31.70 /hr $ 56.33 /fir Group VI Laborer Custodian Painter Group VII Senior Heavy Equipment Operator Heavy Equipment Mechanic Heavy Equipment Mechanic Helper Group VIII Grant Writer Group IX Graphic Illustrator Pacesetter Personnel Svc. $ 1.2750 multiplier $ 15.50 /hr $ 15.50 /hr $ 19.90 /hr Pacesetter Personnel Svc. $ 1.2750 multiplier $ 25.39 /hr $ 24.20 /hr $ 18.03 /hr A1A Employment of Miami $ 1.2445 multiplier $ 28.69 /hr Westaff (USA), Inc. $ 1.2119 multiplier 23.03 /hr Westaff (USA), Inc. $ 1.2800 multiplier $ 15.56 /hr $ 15.56 /hr $ 19.98 /hr A1A Employment of Miami $ 1.3200 multiplier $ 26.28 /hr $ 25.05 /hr $ 18.66 /hr Westaff (USA), Inc. $ 1.4450 multiplier $ 33.31 /hr A1A Employment of Miami $ 1.2350 multiplier $ 23.47 /hr Aerotek 1.3199 multiplier 16.05 /hr 16.05 /hr 20.60 /hr Westaff (USA), Inc. $ 1.3200 multiplier $ 26.28 /hr $ 25.05 /hr $ 18.66 /hr No Tertiary Vendor No Tertiary Vendor ATTACHMENT A Classification Pay Rate GROUP I Receptionist $12.17 Clerk I $12.17 Clerk II $1. 3.42 Clerk Typist $1.2.7 7 Secretary $14.09 Scheduler/Special Community Projects $18.98 Administrative Assistant $21.00 GROUP II Account Clerk $14.64 Accountant $18.7 7 Accountant, Senior $21.74 GROUP III Legal Secretary Paralegal $18.72 $22.87 GROUP IV Transcriber $20.75 GROUP V Adjuster $18.90 Specifications Writer $27.45 Special Projects Administrator $48.78 Grant Writer $25.30 GROUP VI Laborer $13.29 Custodian $13.29 Painter $1. 7.06 GROUP VII Senior Heavy Equipment Operator Heavy Equipment Mechanic Heavy Equipment Mechanic Helper $21.77 LU ?.. .7_5 $15.45 GROUP VIII Graphic Illustrator $20.75 City of Miami Invitation for Bid (IFB) Purchasing Department Glenn Marcos, CPPB, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 66044 Invitation for Bids for Temporary Personnel Services 07-DEC-2007 02-JAN-2008 @ 13:00:00 None December 14, 2007 at 5:00 p.m. Suarez, Maritza City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US msuareznci.miami.fl.us (305) 400-5025 Page 1 of 59 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS - We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME ADDRESS• PHONE: FAX - EMAIL. BEEPER. SIGNED BY - TITLE: DATE - FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 59 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None, Page 3 of 59 Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Reference #1: Company Name Reference #1: Contact Name Reference #1: Date of Contract Reference #1: Description of Contract Reference #2: Company Name Reference #2: Date of Contract Page 4 of 59 Reference #2: Contact Name Reference #2: Description of Contract Have you attached to your bid response, two (2) valid letter of Reference from firms whom Bidders has provided service to, as per Special Condition 2.7? Yes or No Have you attached to your bid response copies of Company's Articles of Incorporation or a letter from bank stating number of years the firm held an account with said bank, as per Special Condition 2.7? Yes or No Page 5 of 59 Line: 1 Description: Receptionist - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must be submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: Clerk I - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 3 Number of Units: 1 Total: $ Description: Clerk II - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A".Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 4 Number of Units: 1 Total: $ Description: Clerk Typist - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 6 of 59 Line: 5 Description: Secretary - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 6 Number of Units: 1 Total: $ Description: Scheduler/Special Community Projects - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A".Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 7 Number of Units: 1 Total: $ Description: Administrative Assistant - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 8 Number of Units: 1 Total: $ Description: Account Clerk - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Page 7 of 59 Unit of Measure: Dollar Unit Price: $ Line: 9 Number of Units: 1 Total: $ Description: Accountant - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 10 Number of Units: 1 Total: $ Description: Accountant, Senior - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A".Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 11 Number of Units: 1 Total: $ Description: Legal Secretay - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 12 Number of Units: 1 Total: $ Description: Paralegal - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Page 8 of 59 Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 13 Number of Units: 1 Total: $ Description: Transcriber - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 15 Number of Units: 1 Total: $ Description: Specifications Writer - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 16 Number of Units: 1 Total: $ Description: Special Projects Administrator - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 9 of 59 Line: 17 Description: Grant Writer - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 18 Number of Units: 1 Total: $ Description: Graphic Illustrator - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 19 Number of Units: 1 Total: $ Description: Laborer - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 20 Number of Units: 1 Total: $ Description: Custodian - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 10 of 59 Line: 21 Description: Painter - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 22 Number of Units: 1 Total: $ Description: Senior Heavy Equipment Operator - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 23 Number of Units: 1 Total: $ Description: Heavy Equipment Mechanic - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A".Pricing must submitted in four significant decimal places to be considered: Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Line: 24 Number of Units: 1 Total: $ Description: Heavy Equipment Mechanic Helper - Marginal Mark-up Multiplier over employee Pay Rate, as per Attachment "A". Pricing must submitted in four significant decimal places to be considered: Page 11 of 59 Category: 96269-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 12 of 59 Invitation for Bid (IFB) 66044,2 Table of Contents Terms and Conditions 14 1. General Conditions 14 1.1. GENERAL TERMS AND CONDITIONS 14 2. Special Conditions 33 2.1. PURPOSE 33 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 33 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 33 2.4. TERM OF CONTRACT 33 2.5. CONDITIONS FOR RENEWAL 33 2.6. NON -APPROPRIATION OF FUNDS 33 2.7. METHOD OF AWARD 33 2.8. BIDDER MINIMUM QUALIFICATIONS 34 2.9. JOB CLASSIFICATION PAY RATE 34 2.10. FAILURE TO PERFORM 34 2.11. EQUITABLE ADJUSTMENT 35 2.12. INSURANCE REQUIREMENTS 35 2.13. CONTRACT ADMINISTRATOR 36 2.14. SUBCONTRACTING 36 2.15. WORKMANSHIP AND MATERIALS 36 2.16. DEMONSTRATIONS 36 2.17. TIE BIDS 36 2.18. OVERTIME 37 2.19. SPECIFICATION EXCEPTIONS 37 2.20. TERMINATION 37 2.21. ADDITIONAL TERMS AND CONDITIONS 38 2.22. PRIMARY CLIENT (FIRST PRIORITY) 38 2.23. NORMAL WORK DAYS 38 2.24. PRIMARY VENDOR DESIGNATION 38 2.25. PRICING AND PAYMENT 38 2.26. PERSONNEL 39 2.27. ACCEPTANCE OF PERSONNEL BY THE CITY 39 2.28. CONFIDENTIALITY 39 2.29. WORK ASSIGNMENTS IDENTIFIED BY THE CITY 39 2.30. REQUEST FOR TEMPORARY PERSONNEL SERVICES 40 2.31. IRREGULAR BIDS 40 2.32. ADDITIONAL VENDOR REQUIREMENT 40 2.33. DRUG TESTING 40 2.34. EMPLOYEE PARKING PERMIT 40 3. Specifications 41 3.1. SPECIFICATIONS/SCOPE OF WORK 41 Page 13 of 59 Invitation for Bid (IFB) 66044,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attomey's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for Page 14 of 59 Invitation for Bid (IFB) 66044,2 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Page 15 of 59 Invitation for Bid (IFB) 66044,2 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. Certified Minority/Women vendors may apply to participate in the City's Bid Bond Voucher Program by contacting the Minority/Women Business Affairs office. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client Page 16 of 59 Invitation for Bid (IFB) 66044,2 because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Minority/Women Business Affairs Enterprise (MIWBE) City Ordinances No. 10062, 10538, 11272, as amended, as applicable to this Formal Solicitation. E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. F. Uniform Commercial Code (Florida Statutes, Chapter 672). G. Americans with Disabilities Act of 1990, as amended. H. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. I. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. J. City Procurement Ordinance City Code Section 18, Article III. K. Conflict of Interest, City Code Section 2-611;61. L. Cone of Silence, City Code Section 18-74. M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. N. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs; oral communications, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. Page 17 of 59 Invitation for Bid (IFB) 66044,2 In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation, Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDERIPROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the B idder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. Page 18 of 59 Invitation for Bid (IFB) 66044,2 (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response Page 19 of 59 Invitation for Bid (IFB) 66044,2 non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated- in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration Page 20 of 59 Invitation for Bid (IFB) 66044,2 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Page 21 of 59 Invitation for Bid (IFB) 66044,2 Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40 CITY OF MIAMI LIVING WAGE ORDINANCE- The City of Miami adopted a living wage ordinance for city service contracts awarded by the city containing a total contract value exceeding $100,000 annually for the following services: food preparation and/or distribution; security services; routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services. If this solicitation requires the aforementioned services, effective on April 1, 2007, contractors must pay its' employees a living wage no less than $10.92 an hour with a health benefit plan and not less than $12.17 an hour without health benefits, which shall be adjusted annually by no later than April 1st following the publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from time to time. A service contractor is defined as any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services, either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to the sale of products or goods. The service contractor, prior to entering any such contract, must certify to the city that it will pay each of its covered employees no less than the living wage. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and Page 22 of 59 Invitation for Bid (IFB) 66044,2 (5) A commitment to pay all covered employees the living wage. A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors shall furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a Living Wage. If you do not believe you being paid at the Living Wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. Service Contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages eamed and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data of information the city require from time to time. Every six months, the service contractor shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of payment, termination of contract, and debarment. Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough description of the City of Miami Living Wage. 1.41. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.42. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to Page 23 of 59 Invitation for Bid (IFB) 66044,2 the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, attomey's fees, expenses and liabilities incurred in the defense of any such claims and any resulting investigation. 1.45. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must fumish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall famish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. Page 24 of 59 Invitation for Bid (IFB) 66044,2 1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.51. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.52. MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended, titled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by these Ordinances, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All bidders/proposers doing business with the City are encouraged to include the participation of minority firms in their response. In evaluating bids/proposals for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all responses. Possible ways to include minority participation would involve: A. Joint venture with a minority firm(s) B. Utilizing minority firm(s) as subcontractor(s). C. Utilizing minority firm(s) to supply goods and/or services. D. Successful implementation of well defined affirmative action program. E. Other forms of minority participation, if properly documented. Successful bidder(s)/proposer(s) shall be required to establish an Affirmative Action Plan, if not, an Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy. A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information concerning minority participation. Minority and women -owned business firms are encouraged, but not required, to register with the City prior to submitting a response. The Purchasing Department, Minority/Women Business Affairs Office, will provide the necessary forms and instructions upon request. All bidders/proposers are urged to submit responses for any goods or services that they are able to supply, regardless of minority classification. However, compliance with all requests for information regarding Minority/Women Status or Participation is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal. Bidders/Proposers may contact this Office at (305) 416-1913 for information. 1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.54. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.55. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or Page 25 of 59 Invitation for Bid (IFB) 66044,2 by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.56. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.57. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.58. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.59. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.60. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.61. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.62 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.63. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to Page 26 of 59 Invitation for Bid (IFB) 66044,2 examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.64. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.65. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.66. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.67. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment Page 27 of 59 Invitation for Bid (IFB) 66044,2 is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.68. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.69. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.70. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.71. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.72. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.73. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.74. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.75. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting Page 28 of 59 Invitation for Bid (IFB) 66044,2 party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.76. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 1$-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the Page 29 of 59 Invitation for Bid (IFB) 66044,2 protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000,00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the fling fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.77. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.78. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.79. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.80. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.81. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and Page 30 of 59 Invitation for Bid (iFB) 66044,2 title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT'ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.82. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.83. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.84 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.85. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this Page 31 of 59 Invitation for Bid (IFB) 66044,2 solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.86. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.87.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.88. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.89. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.90. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 32 of 59 Invitation for Bid (IFB) 66044,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of temporary personnel services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than December 14, 2007 at 5:00 p.m.. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with the option to extend for four (4) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds In the event the Contractor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Contractor may be found to be in default. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this contract will be made to the lowest three (3) responsive, responsible bidders who offer the Page 33 of 59 Invitation for Bid (IFB) 66044,2 lowest marginal mark-up multiplier on an item by item, or a combination of items, whichever is in the City's best interest. While the award will be made to multiple Bidders to assure availability, the lowest Bidder will be given the first opportunity to perform under the Terms and Conditions of the Contract. The City reserves the right to accept or reject any or all bids or parts of bids, waive informalities, and request rebids on the services in the IFB. 2.8. BIDDER MINIMUM QUALIFICATIONS Bids shall be considered only from firms that are regularly engaged in the business of providing temporary personnel services and who can produce evidence that they have established a satisfactory record of performance for no less than three (3) years. In the case of newly opened offices for Franchises, the number of years in service of the Franchise will be considered. The Bidder: 1. Shall be fully licensed to perform the work described herein, and shall provide all information requested on the Price Sheet. 2. Shall submit, with Bid Response, two (2) valid Letters of Reference from firms whom Bidder has provided service to, including both the public and private sectors, within the past three (3) years. The City shall verify and/or visit these or any other references as part of the evaluation. References will be used to determine responsibility under this IFB. Any reference which reveals poor or unsatisfactory performance shall deem your bid nonresponsible. 3. Shall list on the Header Attributes Section of the bid response at least two (2) clients with addresses, telephone numbers and a contact person for each client. 4. Shall submit, with Bid Response, copies of Company's Articles of Incorporation or a letter from bank stating number of years the firm held an account with said bank. 5. Shall have never filed for bankruptcy, be in sound financial condition, have no record of pending lawsuits or criminal activities, and shall not have conflicts of interest which may be of embarrassment to the City. 6. Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. Failure to submit the above required documentation, with your Bid Response, shall deem your bid non -responsive. 2.9. JOB CLASSIFICATION PAY RATE A pay rate has been established for each classification on Attachment A of the Technical Specifications. The City reserves the right to make adjustments to this list, pursuant to the Deprtrment of Labor and Fair Labor Standard Act, and the City of Miami Living Wage Ordinance. Successful Bidder(s) will be required to pay employees under work assignment to the City, no less than the pay rate indicated for each classification. The Successful Bidder(s) will make available to all employees under work assignment to the City, a copy of the pay rate schedule. The City reserves the right to audit the payroll, during the contract period to insure contract compliance. If successful bidder(s) is found not to be in compliance with the contract, the Successful Bidder(s) will be found in default and the contract terminated. The applied marginal mark-up multiplier shall include full compensation for labor, equipment use, travel time, toll fees, FICA, FUTA and SUTA Taxes, Medicare, Workmen's Compensation, Liability Insurance, Overhead, profit and any other cost to the Bidder. If at any time during the contract period, the Successful Bidder(s) fails to adhere to the employee hourly pay rate as defined in this bid, the city may consider the Successful Bidder in default, terminate the contract and award to the next low Bidder. 2.10. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken Page 34 of 59 Invitation for Bid (IFB) 66044,2 within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 2.11. EQUITABLE ADJUSTMENT The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall fumish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida. Waiver of subrogation (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000.00 General Aggregate Limit: $2,000,000.00 Products and Completed Operations: $1,000,000.00 Personal and Adv. Injury: $1,000,000.00 B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. (3) Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident. $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury by disease, policy limit. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Page 35 of 59 Invitation for Bid (IFB) 66044,2 Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.13. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Mr. Ricardo Martinez or designee, who shall be designated as the Contract Administrator. 2.14. SUBCONTRACTING No subcontracting to a third party firm shall be allowed by the City unless approved in advance, in writing, by the City. 2.15. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.16. DEMONSTRATIONS Bidders may be called upon to demonstrate the equipment offered. Such demonstration and inspection shall be by arrangement with the Purchasing Department. 2.17. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that Page 36 of 59 Invitation for Bid (IFB) 66044,2 will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.18. OVERTIME The City shall allow overtime payment at a maximum rate of one and a half times the regular hourly wages. Overtime applies only after forty (40) hours/week has been completed. This allowance shall only be provided in those instances where expressly authorized by a representative of the City prior to the commencement of the overtime work. Further, overtime work shall not be allowed during the normal work day. 2.19. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. Bidders must also explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.20. TERMINATION If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so Page 37 of 59 Invitation for Bid (IFB) 66044,2 terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.21. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 2.22. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.23. NORMAL WORK DAYS The City's normal work week is five days a week, eight (8) hours per day plus one-half to one -hour for lunch (not paid). The work schedule could call for any day of the week, a four -day work week, and/or any shift according to the requirements of the City. Prior notice will be given to the successful Bidder's employees whenever possible. The City shall pay successful Bidder only for the actual hours worked. In the event the City requires a temporary employee to work a holiday observed by its company, this will be paid at the standard hourly rate. Any hours worked in excess of 40 hours per week must be approved in advance by the City, and will be paid at the standard time and a half rate. 2.24. PRIMARY VENDOR DESIGNATION While the method of award identified in this IFB prescribes the method for determining the lowest responsive, responsible Bidder, the City reserves the right to award this contract to the designated lowest Bidder; by item, as the primary vendor and to award this contract to the designated second lowest Bidder; by item, as the secondary vendor and then, tertiary. If the city exercises this right, the primary vendor; by item shall be given the first opportunity to perform the service or deliver the goods identified in this contract. If the primary vendor; by item, declines this opportunity, the City shall seek the identified services from the secondary vendor, by item. In addition, if the secondary vendor also declines the opportunity, the tertiary vendor will be notified. It should be noted that price conditions of this bid, may affect the order of designation. 2.25. PRICING AND PAYMENT Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of properly certified invoices and/or approved inspections reports. All such information shall be provided to the Contract Administrator for his approval in advance of payment. Building and other damages caused by Contractor's employee(s) shall be estimated by the Contract Administrator and computed actual costs of repairs shall be deducted from the Contractors total monthly billing(s). Proven theft/loss/damage made by Contractor's employees shall result in the replacement of the identified Page 38 of 59 invitation for Bid (IFB) 66044,2 item(s) and all replacement costs shall be deducted from the Contractor's total monthly billing(s). 2.26. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of successful Bidder and not employees of the City. All the services required herein shall be performed by the successful Bidder, and all personnel engaged in performing the services shall be qualified to perform such services. All personnel provided by successful bidder shall be fully trained and capable of performing all required tasks as dictated by the City. All bidders' out of pocket expenses, including any recruiting expenses, employee lodging, transportation, and all miscellaneous costs, plus any Bidder management fees are the responsibility of the successful Bidder, and should be included in the quoted hourly rate. The successful Bidder shall be responsible for collection and payment of all State, Federal FICA, MICA, and local taxes and all applicable taxes from every person employed by him/her. The City may provide any training at its site to a newly placed employee of successful Bidder that the City deems necessary. In addition, the City, at its own cost, may provide any training to an employee of Bidder already placed with the City to upgrade the employee's skills. However, the hourly rate for these employees shall remain unchanged if the training should qualify the employee for a higher hourly rate category. The City maintains the right to modify the job descriptions of any particular category of personnel at any time throughout the contract period. 2.27. ACCEPTANCE OF PERSONNEL BY THE CITY The City reserves the right to accept, or decline to accept for any reason, any personnel sent by any agency to the City to perform required work. Should an individual not be acceptable to the City, the successful bidder shall provide another employee in his/her place within 24 hours. The City reserves the right to hire any employees of Bidder assigned to the City following twelve (12) continuous weeks (3 months) of on -site satisfactory services, or at the conclusion of that individual's contract, whichever occurs first, provided the City gives the Bidder(s) two (2) weeks notice to this effect in writing. The individual(s) shall still be required to undergo standard recruitment practices before a position is offered. 2.28. CONFIDENTIALITY All bidders shall agree that they shall provide employees who shall adhere to strict confidentiality requirements in any work area as deemed necessary by the City. Employees shall not disclose to any party, publish, or allow to publish any information determined to be confidential. This confidentiality includes information obtained from any computer system, files or records, conversations heard within or outside City premises or from any other sources. Any and all personnel assigned to a City location shall not remove, or allow to be removed, from any office or City location any files, papers, diskettes, office supplies, documents or other such items without the express written authorization of the City. Failure to adhere to any confidentiality requirements may deem the bidder(s) to be in default of the contract. All bidders shall acknowledge that all computer software in the City's possession may constitute, or contain information or materials which the City has agreed to protect as proprietary information from disclosure or unauthorized use, and may also constitute or contain information or materials which the City has developed at its own expenses, the disclosure of which could harm the City' proprietary interest therein. 2.29. WORK ASSIGNMENTS IDENTIFIED BY THE CITY All work assignments during the contract period will be on an "as needed" basis, complying with the notification requirements. Bidder(s) shall assume no guarantees as to the number or frequency of work Page 39 of 59 Invitation for Bid (IrB) 66044,2 assignment or the amount of payments under the terms of this contract. Successful Bidders shall be responsible for reporting to the City's Department Directors or their designees on a weekly basis the billable time for each employee of bidder(s) via a City developed Weekly Time Sheet. All reporting by the Bidder must conform to the weekly period of Sunday through Saturday and shall be maintained by Bidder for city inspection at any time. 2.30. REQUEST FOR TEMPORARY PERSONNEL SERVICES Requests for temporary personnel services must be submitted first to the Department of Human Resources, Classification and Pay Section for review. The Department of Human Resources shall maintain the responsibility for monitoring each request and usage of temporary personnel services by each City department. This is to evaluate temporary personnel service needs and the nature of work to be performed including its scope of responsibility. Successful Bidder(s) shall not provide any such service unless specifically granted prior approval by the Department of Human Resources, and the City shall bear no responsibility for payment of monies owed should services be rendered without prior authorization. 2.31. IRREGULAR BIDS Any Bid which is incomplete, or contains irregularities of any kind, may be rejected by the City. Minor exceptions to the specifications may be considered by the City so long as each exception is fully explained. FAILURE TO PROVIDE ALL INFORMATION REQUESTED MAY BE CAUSE FOR REJECTION OF BID 2.32. ADDITIONAL VENDOR REQUIREMENT Successful Bidder(s) will be required to monitor the performance of his employee on a periodic basis while they are assigned to the city. The Successful bidder(s) will be required to comply with the Immigration Reform and Control Act of 1986 (IRCA) which requires all individuals hired after November 6, 1986, to provide employers with proof of citizenship or authorization to work in the United States. 2.33. DRUG TESTING The Successful Bidder(s) must provide drug testing of all personnel supplied by the Successful Bidder(s) to the City, and proof of drug test prior to the acceptance of any personnel approval for an assignment. Bidder's employees must test negative in order to begin to work on any City assignment. Bidder shall bear all costs associated with the initial drug test. Any Successful Bidder's employee who tests positive for drugs or alcohol will not be resubmitted as a candidate for any City assignment. 2.34. EMPLOYEE PARKING PERMIT A City of Miami Parking decal will be provided to employees contracted through the agency, at no cost, for the length of the temporary assignment. Parking decals need to be returned to the hiring department at the end of temporary assignment. It is the responsibility of the agency to ensure that parking decals are returned to the City upon termination of the temporary assignment of the employee. If the decal is not returned, the agency will be charged $25.00 per decal. Monies owed to the City as a result of this provision shall be deducted from the last invoice submitted by the agency for payment. Page 40 of 59 Invitation for Bid (IFB) 66044.2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 1. SCOPE OF SERVICES: The temporary personnel to be furnished under the provisions and specifications of this bid are for use by various City Departments. 2. NOTIFICATION: A minimum lead-time of forty-eight (48) hours will be given to the desired starting date for any specific assignment. If the Primary Contractor fails to respond within the specified lead-time, the City will request the services from the Secondary Contractor and then the Tertiary Contractor, given that the secondary does not comply. Requests for specific work assignments will be made on the basis of the hourly rate submitted and availability of the Contractor's work unit to the schedule set by various City Departments/Offices. 3. PERSONNEL INTERVIEW AND SELECTION: The City of Miami has the option to request more than one person at a time for any specific assignment and interview and select the best candidate for that specific assignment at no cost to the City. 4. EMPLOYEE QUALIFICATIONS: In the event that any personnel from the contractor assigned to the City is found to be unqualified for any specific assignment, the City has eight (8) hours from the reporting /hiring time to return such employee. The City shall be the sole judge of qualification and its decision shall be final. The contractor will then have twenty-four (24) hours to replace the employee at the work site. 5. LIMITATION OF OPERATIONS: No work shall be done on Sunday or any days between the hours of 10:00 PM and 7:00 AM except when such work is necessary for the proper care and protection of the work already performed, or when permission to do such work may be secured from the City Department Representative. No overtime work shall be started without first obtaining the approval of the immediate project manager or his/her designated representative. The requirement to work overtime is not usual practice, however, it is possible in rare circumstances. It is the responsibility of the City's user Department/Division to notify the Temporary Staffing Agency prior to requiring that a temporary employee work on Sunday, Holidays or any overtime. 6. MERIT INCREASE INCENTIVES: It is the City's policy not to award Merit Increase incentives to any temporary employee. 7. NON-EXCLUSIVE CONTRACT Although the purpose of this bid solicitation is to secure a contract that can satisfy the total needs of the City, or of a specific City agency, it is hereby agreed and understood that this bid solicitation does not constitute the exclusive rights of the successful bidder to receive all orders that may be generated by the City in conjunction with this bid solicitation. In addition, any and all commodities, equipment, and service required by the City in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this bid solicitation, unless such purchases are determined to be in the best interest of the City. 8. CLASSIFICATION DELETION AND DELETION: Although this solicitation identifies specific job classifications, it is hereby agreed and understood that additional job classifications may be added or deleted to/from this contract at the option of the City. The successful bidder(s) under this contract shall receive from the City the desired new job classification title, the job classification specifications and the employee's hourly pay rate for any required additions. For any new job classification added, the successful bidder(s) will be asked to submit a bid (marginal mark up multiplier) for this new item and award will be based on the lowest marginal mark up multiplier on a per item basis. All job classification additions and deletions shall be confirmed in the form of an addendum to the contract. In accordance with Section 7, entitled Non -Exclusive Contract of this solicitation, the City reserves the right to issue separate solicitations for any job classification(s) not currently specified in this contract or in the event that the Successful Bidder(s) is unable to satisfy a request for a new job classification. 9. CLASSIFICATION MINIMUM PAY RATE: Page 41 of 59 Invitation for Bid (IFB) 66044,2 Temporary employee wages must meet or exceed the Federal Minimum Wage in effect at the time of employment at the City and the City of Miami Living Wage Ordinance, as applicable. The City will periodically monitor temporary employees' pay rates to ensure compliance with Federal Law and City Ordinances. 10. WORK ASSIGNMENTS IDENTIFIED BY THE CITY: All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number or frequency of work assignments or the amount of payments under the terms of this contract. 11. FINDER'S FEE: After a period of twelve (12) weeks, the City of Miami may employ temporary service personnel that have been employed in the position they were originally hired without payment of a fee. In the event that the City of Miami employs a temporary employee prior to the twelve (12) week period, a finder's fee shall not exceed $500.00. 12. JOB CLASSIFICATIONS CLASSIFICATION: RECEPTIONIST NATURE OF WORK This is routine work in the operation of a sophisticated multi -line telephone system. Work involves routine work in the operation of a multi -line telephone system carrying a heavy traffic load. Work primarily requires alertness and accuracy in placing, answering, and transferring calls. Employees are responsible to be generally familiar with departmental routines as well as names and locations of personnel in the department. General supervision is usually received from the department head secretary or administrative assistant. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Operates on an assigned shift, a sophisticated multi -line telephone system. Answers all incoming calls and makes proper connection to requested personnel; places local and long distance outgoing calls; places interoffice calls. Answers routine non -technical questions and refers questions to appropriate personnel. Takes and delivers messages.Performs simple clerical work such as typing, filing, posting simple data, and sorting mail. Performs related work as required. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS Knowledge of the operation of a sophisticated multi -line telephone system. Ability to speak clearly and distinctly in a well modulated and pleasant voice, using correct grammatical construction and choice of words. Within a reasonable training period, remember names and locations of personnel in the department and to understand essential department operations. Ability to react quickly and calmly in placing and receiving calls of an emergency nature. Ability to operate a sophisticated multi -line telephone system under varying load conditions in an efficient and calm manner. Ability to understand and follow oral and written instructions. Ability and appropriate appearance to receive visitors. DESIRABLE TRAINING AND EXPERIENCE Graduation from high school with experience or training in the operations of a sophisticated multi -line telephone system. Minimum typing skill of 30 WPM (corrected) is required. CLASSIFICATION: CLERK I Routine clerical and office messenger work. Work involves performing, according to well established procedures, routine and repetitive clerical tasks which require little independent judgment and which can be learned readily on the job. Assignments allow for little initiative and are ordinarily given in detail only to new employees. The work of employees in this classification is such that, after the initial period of training, is checked only upon completion. Questions or problems other than those of a routine nature are normally referred to a supervisor for decision. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Maintains files of correspondence, forms, cards, reports and other materials; sorts and files material alphabetically, numerically or by other predetermined classification; opens and sorts mail; and operates copier machine, typewriter, personal computers, word processors, mailing, or other simple office machines. Answers telephone and visitors' inquires, routes calls and visitors and gives routine information. Page 42 of 59 Invitation for Bid (IFB) 66044,2 Takes routine inventories typing, not requiring the use of the tough system, such as the completion of preprinted forms. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS Some knowledge of business English, spelling and commercial arithmetic. Some knowledge of modern office practices and procedures. Ability to make simple computations and tabulations with speed and accuracy. Ability to learn assigned clerical tasks readily and to adhere to prescribed routines. Ability to write legibly. Ability to operate simple office appliances. Ability to operate personal computers and word processors. Ability to understand and follow oral and written directions. Ability to sort and file alphabetically and numerically. DESIRABLE BASIC TRAINING AND EXPERIENCE Graduation from high school, preferably with courses in commercial subjects and some (6 months- 2 years) experience in clerical work. CLASSIFICATION: CLERK II This is varied intermediate level clerical work. Work involves varied and occasionally complex work methods and problems which may require the exercise of some independent action, based upon knowledge gained through experience. After initial training, work accuracy and results may be checked only occasionally. Employees ordinarily receive detailed work instructions only on new work assignments. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Posts statistical, accounting or other data not requiring technical bookkeeping knowledge; compiles information for various types of technical reports; assists in preparing payrolls and verifying employee time reports; maintaining office supplies. Interacts with public to answer simple questions and directs them to appropriate office or area; may operate a telephone switchboard or message center; may operate common office equipment not requiring previous experience; operates a typewriter or other keyboard instrument, not requiring typing proficiency. Performs related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Considerable knowledge of business English, spelling and commercial arithmetic. Some knowledge of modern office methods and procedures. Ability to make arithmetic calculations, maintain office records, maintain clerical records, operate common office appliances, and to prepare reports from such records. Ability to make minor decisions in accordance with laws ,ordinances and regulations and to apply departmental policies to everyday work procedures. DESIRABLE BASIC TRAINING AND EXPERIENCE Graduation from high school, preferably including or supplemented by courses in commercial subjects and some experience in performing general office and clerical work. CLASSIFICATION : CLERK TYPIST NATURE OF WORK Varied clerical work at the intermediate level, including the skilled use of a typewriter and/or other keyboard instrument. Work involves typing or data entry and clerical duties of a varied and occasionally complex nature. Typing may be performed on any type of keyboard instrument, including word processing and computer terminals. Employees are responsible for making personal work determinations; advice and assistance are available in unusually difficult, important or non -routine matters. Supervision is received from an administrative superior who reviews work performed for accuracy and volume. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Types highly involved or intricate tables and reports; types letters, reports, forms and other material from Page 43 of 59 invitation for Bid (iFB) 66044,2 copy, rough draft or dictating machine, frequently involving some judgment regarding the information included or format used. Compose and type routine correspondence; maintains records of financial information not requiring technical bookkeeping knowledge; may work solely on data entry with computer terminal; operates other office keyboard instruments, including word processors. Performs moderately difficult telephone contact work in contacting the public, or in responding to questions ; performs other related work as required. DESIRABLE KNOWLEDGE ABILITIES AND SKILLS Considerable knowledge of modern office methods and procedures. Considerable knowledge of business English, spelling, and commercial arithmetic. Ability to make arithmetic calculations with speed and accuracy; ability to make minor decisions in accordance with laws, ordinances and regulations, and to apply departmental policy to everyday work procedures. Ability to operate standard office standard office equipment ; ability to learn other keyboard instruments, given appropriate training; ability to maintain clerical records and prepare reports from such records; skill in the rapid and efficient operation of a typewriter or other instrument. DESIRABLE BASIC TRAINING AND EXPERIENCE Graduation from high school or commercial college training, including courses in typing and language proficiency. One (1) year experience in typing and a minimum typing skill of 40 WPM (corrected) is required. CLASSIFICATION: SECRETARY NATURE OF WORK This is varied secretarial and clerical work, including taking and transcribing oral dictation, and the skilled operation of a typewriter and other keyboard instruments. Work involves varied and occasionally complex clerical work methods and problems. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Composes and types correspondence. May enter data into a computer terminal in addition to other clerical work. Reads in -coming mail and assembles files and material to facilitate reply by a superior. Takes and transcribes relatively complex dictation consisting of letters, reports, and other material from copy, rough draft, or dictating machines. Answers telephones and provides information as requested ; routes calls as necessary. Performs related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Considerable knowledge of business English, spelling and arithmetic. Considerable knowledge of office methods and procedures, and of the operation of common office appliances. Ability to maintain clerical and office records; prepare reports from records; and make arithmetic calculations. Ability to interact effectively with the public/City employees, often under stressful conditions. Skill in taking dictation, either by use of shorthand or a steno -type machine, at a moderate rate of speed, and ability to transcribe such material accurately. DESIRABLE BASIC TRAINING AND EXPERIENCE High school or commercial college training, including courses in typing, and stenography. English language/grammar proficiency and a minimum of two(2) years experience in general typing and stenographic work. Minimum typing skill of 40 WPM (corrected) is required. CLASSIFICATION: SCHEDULER/SPECIAL COMMUNITY PROJECTS NATURE OF WORK This is varied, specialized administrative or technical work, involving problem solving and decision -making, individually and in cooperation with other staff members and immediate supervisor. Employee may be responsible for specialized functions or for small community projects. Independent judgment is exercised in performing specialized functions within general guidelines and policies. Page 44 of 59 Invitation for Bid (IFB) 66044,2 Supervision is received through general assignments and review of completed work and reports. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Reviewing, inputting and scheduling related information into the Commissioner's daily calendar, regarding upcoming events and meetings; drafting decision memos for review by internal personnel, prior to Commissioner's approval to attend scheduled events and/or meetings; gathering constituent information and following -up via telephone; confirming meeting dates and times, and coordinating any activities related to the scheduled meeting and/or event; completing requests for protocol documents, in the absence of designated office personnel for expediting proclamations/resolutions requests, as it relates to upcoming scheduled events; performing related filing functions of original supporting documentations submitted by various organizations, individuals and businesses, requesting meetings with the Commissioner; updating the At -A -Glance schedule; making entries to the schedule and other related internal databases; performing updates to the excel spreadsheets; and assisting with various community related initiatives, special projects and other duties as assigned by the Office Manager. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Ability to speak clearly and distinctly in a well modulated and pleasant voice, using correct grammatical construction and choice of words. Knowledge of business English, spelling and commercial arithmetic. Knowledge of modern office practices and procedures. Ability to communicate effectively, both orally and in writing; and to understand and follow oral and written directions. Ability to sort and file alphabetically and numerically. Considerable knowledge of division or section activities and procedures. Some knowledge of sources and availability of current information needed for a variety of research assignments. Ability to establish and maintain effective working relationships with fellow employees and the general public. DESIRABLE BASIC TRAINING AND EXPERIENCE: Graduation from an accredited college or university with major course work in public or business administration, or in an area of desired specialization, with some (6 months — 2 years) responsible experience in an appropriate area of work specialization; OR equivalent combination of training and experience beyond a high school diploma. CLASSIFICATION: ADMINISTRATIVE ASSISTANT NATURE OF WORK: Varied, specialized administrative or technical work. Work involves problem solving and decision -making, individually and in cooperation with administrators. Employee may be responsible for a specialized function or for a small office performing one or more such functions. Supervisory responsibility will vary depending upon area of assignment. Independent judgment is exercised in performing specialized functions within general guidelines and policies. Supervision is received through general assignment andreview of completed work and reports. This class is distinguished from subordinate classes by the amount of administrative authority delegated and the independence of action expected from an employee in this class. ESSENTIAL FUNCTIONS: (The examples of work listed in this class specification are not necessarily descriptive of any one position in the class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment for the position. Examples of work performed are not to be used for allocation purposes.) Organizes, designs, supervises and performs specialized research and other programs as designated by supervisor. Supervises and assists in researching and compiling specialized data. Prepares complex reports. Supervises and assists small staff engaged in various specialized functions such as keeping of complex records, coordination of grant functions, statistical work, etc. Represents supervisor in conferences and other situations requiring a degree of independent action and judgment in accordance with guidelines provided by supervisor. Performs other related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: (The knowledge, abilities and skills identified in this class specification represent those needed to perform the duties of the class. Additional knowledge, abilities and skills may be applicable for individual positions Page 45 of 59 Invitation for Bid (IFB) 66044,2 in the employing departments.) Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Considerable knowledge of modern management and administrative principles and their application to areas of assignment. Considerable knowledge of division or section activities and procedures. Considerable knowledge of techniques and procedures of research, analysis and presentation of data. Considerable knowledge of division or section activities and procedures. Some knowledge of basic accounting principles and procedures. Some knowledge of sources and availability of current information needed for a variety of research assignments. Ability to analyze a variety of administrative problems and to make sound recommendations and establish working procedures for their solution. Ability to effectively supervise a moderate sized group of subordinate employees engaged in a wide variety of activities. Ability to establish and maintain effective working relationships with fellow employees and the general public. Ability to communicate effectively, both orally and in writing. DESIRABLE BASIC TRAINING AND EXPERIENCE: Graduation from an accredited college or university with major course work in public or business administration, or in an area of desired specialization. Some (6 months- 2 years) responsible experience in an appropriate area of work specialization. OR An equivalent combination of training and experience beyond a high school diploma. CLASSIFICATION: ACCOUNT CLERK NATURE OF WORK Specialized clerical work involving the application of basic bookkeeping principles and practices in the maintenance of accounting and/or fiscal records. Employees in this class maintain accounting records involving varied but routine bookkeeping operations in posting and balancing journals, ledgers, and other records or accounts. Work may involve the operation of standard office equipment such as adding machines, bookkeeping machines, data entry/computer terminals. Supervision is received from technical superiors who review tasks closely, but allow for some independence in the performance of more routine tasks. ILLUSTRATIVE TASKS Receives, records, and deposits cash receipts. Prepares daily tabulations and reports of cash receipts from original cash receipt records. Distributes receipts to proper funds following established routines. Balances reports and tabulations with cashier's reports of cash received. Makes daily entries in ledger. Prepares checks for deposit, endorsing and sorting them, and preparing tabulations for comparison with duplicates of receipts. Examines, time and material records and checks vouchers, invoices, purchase orders, personnel actions, long distance telephone bills and other documents for conformity with laws and regulations, correct unit prices, account codes, proper discounts, and accuracy of extensions and computations. Adjusts personnel spreads in accordance with incumbent status changes. Classifies receipts and disbursements in accordance with established codes, referring questionable allocations to superiors. Maintains billing and posting of charges and credits to accounts. Prepares summary sheets and balances records of charges and payments. Keeps and controls subsidiary accounts, such as cash receipts, customer guarantee deposits, appropriation or disbursement ledgers. Post purchase orders to appropriation ledger by code and numerical order, and balances purchase orders posted with purchase orders listed. Analyzes accounts to determine if allocations have been exceeded, posts disbursements and corrections in appropriation ledger, liquidating purchase orders previously encumbered. Codes and numbers vouchers. Enters checks in voucher register and prepares and balances recapitulation sheets. Operates CRT, performs data entry and operates other office equipment. Posts and extends cost figures. Maintains inventory control stock cards. Performs complex calculations to determine amount due, or Page 46 of 59 Invitation for Bid (IFB) 66044,2 adjustments to account involving interest, penalties, surcharges, court costs and fines. Researches accounts. Performs related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Considerable knowledge of bookkeeping principles and procedures. Considerable knowledge of modern office practices , procedures, equipment and standard clerical techniques. Some knowledge of basic accounting procedures. Ability to apply advanced bookkeeping principles to the maintenance of fiscal and accounting records. Ability to make complex and varied arithmetic computations and tabulations and to understand and carry out complex oral and written instructions. Skill in the operation and care of a calculator, microcomputer, adding machine and other office machines. REQUIREMENTS: Graduation from high school including or supplemented by courses in bookkeeping and general commercial subjects. Minimum of two (2) years experience in bookkeeping is required. CLASSIFICATION: ACCOUNTANT, SENIOR NATURE OF WORK: This is intermediate level professional accounting work in supervising or auditing major accounting or fiscal operations. Work involves responsibility for supervising a major unit engaged in performing a variety of complex accounting work or for the conduct of periodic audits of City departments. Employees in this class frequently develop, revise and install accounting procedures and forms, and train new subordinate personnel. Employees are expected to exercise considerable independent professional judgment in solving most problems that arise within their assigned work areas. Work is reviewed through periodic external audits, and through the review of statements by a technical supervisor who also observes the activities of units for which the employees are responsible, or analyzes audit reports submitted. ESSENTIAL FUNCTIONS: (The examples of work listed in this class specification are not necessarily descriptive of any one position in the class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment for the position. Examples of work performed are not to be used for allocation purposes.) Plans, organizes, reviews and supervises the work of a group of subordinate accounting and clerical personnel engaged in reviewing, approving and recording the payment of municipal obligations. Determines that each fund and account is charged appropriate amounts and that all entries are credited appropriately. Supervises subordinate personnel engaged in maintaining a complete set of accounting records such as group insurance, pension plan, general ledgers, account receivables, cash receipts, investment/debt coordination, account payables, grants, and payroll accounts. Distributes costs to appropriate departments, accounts and funds. Prepares journal entries for recording in general ledger in accordance with the standards of the Government Finance Officers Association. Conducts pre -audit and post -audit assignments by examining, analyzing and verifying accounting records and financial data of City departments. Ascertains compliance with the City's established laws, procedures and policies of an accounting and financial nature. Evaluates existing rules, methods, forms, and controls for the purpose of conserving the City's resources and for the general protection of its interests with respect to its assets, liabilities, revenues, and expenditures. Analyzes monthly expenditures of special projects or specific accounts, such as public works project costs and consolidates into a budget status report. Reviews invoices charging projects for services and insures that sufficient funds are available. Assists an accountant of higher level to prepare monthly statements of all governmental receipts and expenditures after taking necessary trial balances. Approves requisitions submitted by departments to an expenditure control section. Analyzes departmental budgets and arranges transfers of fund. Performs other related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: Page 47 of 59 Invitation for Bid (IFB) 66044,2 (The knowledge, abilities and skills identified in this class specification represent those needed to perform the duties of the class. Additional knowledge, abilities and skills may be applicable for individual positions in the employing departments.) Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Considerable knowledge of the principles and procedures of governmental accounting, purchasing, taxation and allied systems and records. Considerable knowledge of modern office practice, procedures, equipment and standard clerical techniques as applied to the maintenance of a governmental accounting system involving a large number of complex transactions. Considerable knowledge of the principles and techniques applicable to the conduct of audits of City departments. Considerable knowledge of the applicable laws, regulations, procedures and processes governing the accounting and servicing of housing rehabilitation loans and grants, where applicable. Considerable knowledge of the procedures and processes governing the budgeting, accounting and financial monitoring of federal, state and local funding sources. Some knowledge of applicable laws, regulations, procedures and processes governing the receipt and expenditure of moneys. Some knowledge of Civil Service Rules and collective bargaining agreements and their application. Ability to make independent audits of a standard set of municiapal departmental accounts. Ability to supervise and review in detail the work of subordinate accounting and clerical personnel. Ability to apply professional accounting principles, knowledge, and skills to the maintenance of a complex set of fiscal and accounting records. Ability to prepare complete an accurate audit, regular and special reports. Ability to perform detailed work involving written or numeric data, and to make arithmetic calculations rapidly and accurately. Ability to establish and maintain effective working relationships with other employees and the general public contact in the course of audit work. CLASSIFICATION: ACCOUNTANT NATURE OF WORK: Beginning level professional accounting work in the maintenance and review of fiscal records. Work involves responsibility for independently maintaining a complete set of accounting records, or in supervising and participating in the work of a unit engaged in collecting and recording detailed municipal fiscal records. Employees of this class also may assist higher -level accountants with more complex accounting functions and problems. Supervision may be exercised over clerical assistants. Work requires independent judgment on technical accounting problems of limited variety, but account classifications and major procedures are determined by departmental regulations or by legal requirements. Work is reviewed by a Superior upon completion for overall standards of performance, and is subject to periodic audit. ESSENTIAL FUNCTIONS: (The examples of work listed in this class specification are not necessarily descriptive of any one position in the class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment for the position. Examples of work performed are not to be used for allocation purposes.) Supervises and participates in the posting of accounts receivable and bad checks accounts. Prepares cost breakdowns and closes accounts on assessable public improvements. Maintains daily cash control over all collections. May oversee the activities of the accounts payable sections. Maintains a complete set of books on the Citywide personnel budget control, internal services fund, or public works improvement fund. Takes trial balances and prepares monthly and annual statements. Maintains a set of equipment, material and other cost accounts in accordance with predetermined breakdowns, balances accounts and reconciles to general books. Makes adjusting, opening and closing entries. Coordinates the preparation of annual budget estimates for a large department. Page 48 of 59 Invitation for Bid (IFB) 66044,2 Performs other related work as required. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS: (The knowledge, abilities and skills identified in this class specification represent those needed to perform the duties of the class. Additional knowledge, abilities and skills may be applicable for individual positions in the employing departments.) Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Considerable knowledge of professional accounting principles and procedures. Some knowledge of modern office practices, procedures, equipment and standard clerical techniques. Some knowledge of the municipal accounting, purchasing, tax and allied systems and procedures. Ability to apply accounting principles to the maintenance of fiscal and accounting records. Ability to perform detailed work involving written or numeric data, and to make arithmetic calculations rapidly and accurately. Ability to develop modifications and improvements in existing account maintenance procedures. CLASSIFICATION: LEGAL SECRETARY NATURE OF WORK This is specialized legal secretarial work requiring knowledge of legal terminology. Work involves responsibilities for performing legal secretarial assignments which require previous knowledge of general legal terminology and an ability to prepare legal documents following accepted formats and construction. General supervision is provided by attorneys but considerable latitude for independent judgment is permitted due to the advanced knowledge of established rules, regulations, methods, and procedures. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Transcribes dictation or types from notes, copy, manuscript, or a dictating machine record, material including correspondence, reports, and a variety of legal instruments, documents, and related forms, placing these in legal form. Maintains a docket calendar and a record of appointments for attorney. Maintains special files. Assists in performing research work on general or routine subjects, checks citations in the Law library and correlates other pertinent data for specific cases. Prepares preliminary drafts of pleadings, attends official sessions and prepare summaries or action taken. Performs related work as required. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS Some knowledge of modern law office practices, methods, and procedures. Some knowledge of legal terminology, spelling, punctuation, and grammar as well as various legal forms, instruments, documents and pleadings including the scope of various courts and their respective rules. Ability to understand the more important duties and responsibilities of attorneys; assist them, and draw up complex legal forms and documents. Ability to perform routine legal research; assist in the review and correlation of pertinent data for specific cases; and remember cases and citations in general terms. Ability to understand and follow complex oral and written instructions. DESIRABLE BASIC TRAINING AND EXPERIENCE Graduation from high school; commercial college, business school training, or equivalent, including courses in legal typing and language proficiency; and a minimum of two (2) years experience in performing legal secretarial duties for a practicing attomey. Minimum typing skill of 40 WPM (corrected) is required. CLASSIFICATION: PARALEGAL NATURE OF WORK: This is specialized technical Paralegal work in the Office of the City Attorney. Work involves specialized para-professional legal services assisting the professional legal staff in the City Attomey's Office; assisting attorneys by performing legal research, legal writing, fact checking, interviewing clients and witnesses and performing technical and complex clerical legal tasks; supervising and participating in the preparation, completion and review of a wide variety of legal forms and documents. Work also involves coordinating the scheduling and planning of court cases, depositions, and hearings of the professional legal staff while monitoring legal time restrictions placed upon filing, answering, and hearing the cases in litigation. The exercise of independent judgment within established Page 49 of 59 Invitation for Bid (IFB) 66044,2 policies and procedures is required. General supervision is received from an attorney or administrative official and work is reviewed in progress or upon completion for adherence to established policies, procedures, and results obtained. ESSENTIAL FUNCTIONS: Coordinates scheduling of court cases, depositions, and hearings; monitors legal time restrictions placed upon filing, answering, and hearing of cases in litigation. Reviews complex abstracts, deeds, leases, contracts, and miscellaneous legal documents to ascertain their accuracy and conformance to established policies and standards. Prepares form pleadings from source materials for review by attorney. Assists in the preparation and filing of lawsuits, and appeals. May prepare and organize exhibits and trial folders. Performs clerical tasks such as transcribing and typing of documents, filing, copying and organizing data and other clerical support assignments. Assists in discovery phases of litigation, including but not limited to document production and gathering, answering interrogatories and witness coordination. Analyze and summarize depositions, interrogatories, and testimony for review of attorney. Gathers and analyzes information as required. Researches legal issues through the use of legal reference books and computerized databases. May draft and prepare abstracts, digests, and indexes various materials that have been compiled. Instructs and educates subordinate personnel in basic legal procedures and in areas of the law dealing with document preparation and completion. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: Considerable knowledge of paralegal practices and procedures, legal terminology , business English and commercial arithmetic. Considerable knowledge of applicable laws, ordinances, and general regulatory codes. Considerable knowledge of the State of Florida court systems and the Florida Rules of Civil Procedure. Considerable knowledge of complex legal forms and documents. Considerable knowledge in summarizing medical records and deposition testimony. Knowledge of research tools available to obtain access to federal, state, county, municipal, common and constitutional law affecting local government, including ordinances. Ability to communicate effectively, both orally and in writing. Ability to establish and maintain effective working relationships at all levels. Ability to work independently and to adhere to direction of supervising attorney with minimal supervision. Ability to supervise subordinate personnel on a task basis. Ability to plan, organize and coordinate the work of others, as needed. Skill in the use of a personal computer and other office equipment. Proficient in the use of Westlaw applications as well as various Microsoft software applications. DESIRABLE BASIC TRAINING AND EXPERIENCE: An associate's degree and certification as a Paralegal by a recognized National Paralegal Association or other national associations recognized by the American Bar Association. Four years experience in a medium to large law office as a Certified Paralegal, is required. OR Equivalent combination of training and experience beyond an Associate's Degree and certification from a recognized association as a Paralegal. CLASSIFICATION: TRANSCRIBER NATURE OF WORK: This is specialized clerical work requiring the verbatim transcription of recorded minutes of City meetings. Work involves responsibility for performing relatively complex clerical assignments, requiring a high degree of typing proficiency. Assignments are carried out according to standard procedures, and the completed transcribed records of meetings are examined for accuracy by a superior. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED: Transcribes dictation, or types from tape machine record, notes copy or manuscript, material that includes Page 50 of 59 Invitation for Bid (IFB) 66044,2 minutes of meetings, correspondence and reports. REQUIREMENTS: Graduation from high school or commercial college training, including courses in typing and language proficiency; and considerable experience in typing and general clerical work. OR Equivalent combination of typing and experience. CLASSIFICATION: SPECIFICATIONS WRITER NATURE OF WORK This is responsible professional and administrative work involving developing and writing technical specifications for acquiring goods and/or services for a city or county government. The individual is required to exercise reasonable initiative and independent judgment in developing and/or reviewing specifications, and will work under the direct supervision of the Assistant Director of Purchasing, but may be physically located at user department(s). Under administrative supervision, performs analytical purchasing work of considerable difficulty. Responsible for developing and writing technical descriptions of materials, equipment, supplies, and personal services purchased for use in city or county government. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Writes technical specifications for services and products purchased for use in city government. Researches and compiles information on products and services. Researches laws related to government purchasing. Monitors specifications prepared by city departments to assure compliance with applicable laws. Confers with personnel from city departments to determine requirements for products and services. Develops and maintains a library of specifications. Obtains information from manufacturers and federal agencies related to product performance requirements. Visits vendors and attends product shows to view and examine available products. Performs related work as required. DESIRABLE KNOWLEDGE, ABILITIES, AND SKILLS Considerable knowledge of specification writing techniques and procedures. Considerable knowledge of purchasing principles. Ability to write technical descriptions of products with minimal supervision. Ability to perform detailed research. Ability to read and interpret purchasing specifications. Ability to analyze department needs to develop technical specifications for purchases. Ability to communicate orally to collect information from government agencies, vendors and departmental personnel. DESIRABLE BASIC TRAINING AND EXPERIENCE Bachelor's degree in Business Administration, Public Administration, Purchasing, Commerce, or related field; and two (2) years of experience in the preparation of specifications for materials, supplies and/or equipment; ORAn equivalent combination of training and experience. CLASSIFICATION: SPECIAL PROJECTS ADMINISTRATOR NATURE OF WORK This is responsible, administrative work of a specialized nature carrying out varied high-level professional assignments within a Commissioner's Office, City department or City office. Promoting specific projects to a select group or the general public. The incumbent is expected to function in an independent manner, carrying out a wide range of activities, coordinating them from their initial stages through final closure. Reports to a commissioner, department director or his/her designee. May attend meetings representing a Commissioner's Office, City department or City office; and may perform other related duties as required. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Attending all meetings related to ongoing special projects initiated by the Commissioner's City Hall District office, or other City departments or City offices; coordinating and facilitating meetings related to potential users of various project facilities; attending events; promoting targeted projects; coordinating media and radio relations; drafting meeting minutes; compiling project documents; drafting final reports, proposals and other related correspondence; coordinating transcribing service task items and ensuring meeting minutes are distributed to applicable committee and board members; and performing other duties as assigned. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Some knowledge of sources and availability of current information needed for a variety of research assignments. Considerable knowledge of the resources of the City of Miami. Some knowledge of traffic Page 51 of 59 Invitation for Bid (IFB) 66044,2 flow plans and patterns within the City of Miami. Some knowledge of media relations. Considerable knowledge of modern office practices and procedures. Ability to coordinate functions of several City Departments and outside agencies. Ability to interpret legislation, the City of Miami Code and regulations related to special events and propose changes if necessary. Ability to conduct analysis of pre and post event activities. Ability to communicate effectively, both orally and in writing. Ability to exercise sound judgment and to make independent decisions on problems encountered. Ability to deal tactfully and effectively with representatives of various organizations, the public, the media and other City Departments. DESIRABLE BASIC TRAINING AND EXPERIENCE: Graduation from an accredited college or university with major course work in public or business administration, or in an area of desired specialization, with thorough (4 — 7 years) responsible experience in an appropriate area of work specialization; OR equivalent combination of training and experience beyond a Bachelor's degree. CLASSIFICATION: GRANT WRITER NATURE OF WORK: This is advanced responsible professional and administrative work in researching, identifying, writing and developing various public and private grant opportunities in an effort to generate new grant -funding sources and revenues for the City of Miami. An employee in this position is expected to meet with staff from federal, state and local agencies as part of the advocacy and negotiation process. May include working with other City departments to plan, organize, and coordinate the writing of their specific grant applications. The position will be guided by and report to a Grants Coordinator or other senior level staff members in this endeavor. This job is not routine, clerical or ministerial in nature and requires using independent judgment. ESSENTIAL FUNCTIONS: (The examples of work listed in this class specification are not necessarily descriptive of any one position in the class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment for the position. Examples of work performed are not to be used for allocation purposes.) Researches potential funding sources and develops funding requests. Prepares and files grant applications to ensure the funding of various programs. Initiates and coordinates actions steps in preparing and writing of grants from various funding sources. Disseminates information to the appropriate staff as it relates to upcoming funding opportunities. Prepares ordinances and other legislative actions, as required. Reviews contracts and enables legislation enacted for accepting grants. Acquires funding which is applicable to collective bargaining unit employees. Prepares reports and correspondence as needed. Performs other related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: (The knowledge, abilities and skills identified in this class specification represent those needed to perform the duties of the class. Additional knowledge, abilities and skills may be applicable for individual positions in the employing departments.) Considerable knowledge of federal, state and municipal legislation pertaining to areas of assignment. Considerable knowledge of management principles and their application to areas of assignment. Ability to initiate and coordinate actions to ensure the funding for the improvement/enhancement of various City Programs which may have an impact on employees covered by collective bargaining agreements. Ability to follow complex oral and written instructions. Ability to maintain effective working relationships with fellow employees, the public and representatives from other agencies. Ability to research information concerning potential funding resources and to develop program budgets. Ability to express oneself effectively in writing. Ability to work under pressure and produce a quality work product within tight time constraints. Page 52 of 59 Invitation for Bid (IFB) 66044,2 DESIRABLE BASIC TRAINING AND EXPERIENCE: Bachelor's degree in Social Science, Public or Business Administration, Mass Communication or related field, with considerable (2 - 4 years) experience in grant writing, report writing, contract administration/or legislation development. Master's degree preferred. OR Equivalent combination of training and experience. CLASSIFICATION: GRAPHIC ILLUSTRATOR NATURE OF WORK: Skilled, advanced graphic work in designing and coordinating illustrations and presentations of data. Work involves the preparation of creative graphic presentations for various City departments. An employee in this class acts as a consultant to those departments requiring technical advice on visual presentations, and coordinates the design of publications and promotional materials with staff members and commercial printers. Independent judgment is required as to creative concept, type selection and choices of paper and inks and to carry each assignment to completion. Assignments are received and work is reviewed by a higher -level Administrator. ESSENTIAL FUNCTIONS: (The examples of work listed in this class specification are not necessarily descriptive of any one position in the class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment for the position. Examples of work performed are not to be used for allocation purposes.) Designs/illustrates various items, such as: brochures, newsletters, posters, report covers, print advertising, annual reports, flyers, invitations, logos, forms, letterhead/envelopes/business cards, fixed signage, vehicle signage as well as web page design and multimedia presentations. Discusses with professional staff or department head the use of graphics, which would best illustrate narrative material. Decides on type, size and color of illustrations. Lays out pages. Inserts graphic designs and prepares printing instructions to accompany project. Prepares layout drawings for the construction of large exhibits and displays for public presentations; designs signs and show cards; develops artist's renderings for use in presentations and publications. Constructs original maps, charts and graphs as needed; develops new forms and makes revisions to existing forms, following a standardized city format. Maintains list of existing citywide form numbers and issues new form numbers and revision dates as required. Installs new software and software updates on desktop computers; trouble -shooting software conflicts and hardware problems. Performs periodic maintenance of computer, hard drives and imagesetter, monitors film density with densitometer and adjust imagesetter accordingly. Prepare files for film output in color and black and white. Run preflight checks on outgoing disks to determine if all fonts, EPS, TIFF, SICTEX CT, files are available for output. Performs other related duties as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: (The knowledge, abilities and skills identified in this class specification represent those needed to perform the duties of the class. Additional knowledge, abilities and skills may be applicable for individual positions in the employing departments.) Considerable knowledge in the operation of Macintosh/PC computers and the use of software programs for desktop publishing, drawing and image editing; Considerable knowledge of basic principles of desktop publishing. Considerable knowledge of advanced graphic design, typography and illustration techniques. Considerable knowledge of the use of color and color combinations to produce values of the four primary colors. Page 53 of 59 Invitation for Bid (IFB) 66044,2 Considerable knowledge of desktop scanning procedures and the preparation of scanned images for film output, OCR scanning is required for hard copy text originals. Knowledge of printshop technical terms and techniques that relate to prepress and printing procedures. Knowledge of methods, practices and materials used for reproduction and printing. Ability to interpret abstract ideas in pictorial, graphic and related illustrative forms. Ability to effectively establish and maintain effective working relationships with fellow employees and the general public. Demonstrated skill in advanced graphic design and illustrated work. REQUIREMENTS: Associate's degree with primary coursework in Visual Communications/Graphic Design and considerable (2 - 4 years) experience in graphics design/illustration work. OR Equivalent combination of training and experience beyond high school diploma. TOOLS AND EQUIPMENT: Both Macintosh and IBM compatible computers with keyboards. Desktop equipment including the use of scanners; printers; imagesetter; photomedia processor; densitometer; zip drive and syquest drives. Software utilized include, but are not limited to QuarkXpress; Photoshop; Illustrator; Freehand; Omnipage and Microsoft Word. Office equipment includes copier; telefax machines; telephone. Occasional use of the City car. PHYSICAL DEMANDS: (The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.) Work is performed in an office environment. While performing the duties of this job, the employee is frequently required to sit for long periods of time, talk, or hear, and use hand and fingers to operate or handle objects. The employee must occasionally lift and/or move up to 30 pounds. Specific vision abilities required by this job include close vision, and the ability to adjust focus due to the extended eye exposure to a computer screen. WORK ENVIRONMENT: (The work environment characteristics described here are representative of those employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.) While performing the duties of this job, the employee encounters a high volume of phone calls and the occasional interruptions from persons visiting the office. The employee is occasionally exposed to printing chemicals, which include inks and solvents. The noise level in the work environment is usually moderate, and the pressroom is moderately to loud. CLASSIFICATION: LABORER NATURE OF WORK Manual, semi -skilled work of more than ordinary difficulty, usually involving the use of acquired skills. Work involves the responsibility for the performance of laboring tasks requiring more than usual physical strength and ability, or requiring some acquired skills in the use of hand tools, the more simply operated power tools, or occasional operation of light automotive equipment. Employees in this class are responsible for the safe and efficient operation of the tools and equipment used. Work is normally performed under the supervision of a Labor Supervisor who issues written and/or oral orders and makes frequent inspections to assure correct performance of work. Page 54 of 59 Invitation for Bid (IFB) 66044,2 ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Performs a variety of semiskilled tasks in maintaining tennis courts, ball fields, and other park areas; assists in maintaining golf course grounds, all of which require the operation of such equipment as a power edger, gang mower, and aerifier. Works in a stadium performing a variety of manual tasks such as cleaning grandstand and caring for Iawns and gardens. Assists bulldozer operator by handling hooks and cables when pulling trees, and in servicing equipment. Assists dragline operator in rigging cables, changing buckets and in greasing equipment. Fills a variety of equipment with gas and oil. May be required to grease equipment and keep it clean. Conditions walls and woodwork by brushing, scraping and washing prior to painting. Assists in building, rigging and moving scaffolds. Performs related work as required. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS Ability to perform heavy manual labor for extended periods, often under adverse climatic conditions. Ability to perform a variety of semiskilled manual tasks. Ability to use simple hand or power tools; ability to operate hand tools, jack hammers, power mowers and other construction equipment. DESIRABLE BASIC TRAINING AND EXPERIENCE Four (4) years experience as a laborer, preferably in maintenance and/or construction work. CLASSIFICATION: CUSTODIAN Nature of Work Routine work in the cleaning in and around public buildings. Work involves the performance of a variety of custodial tasks performed during the day or as well as at night. Work is generally performed in accordance with established procedures, and in accordance with specific schedules, but specific instructions may be given on unusual problems. Supervision received is general in nature, particularly on late shifts and work is subject to inspection for maintenance of established standards of cleanliness and compliance with instructions. ILLUSTRATIVE EXAMPLES OF WORK PERFORMED Sweeps, mops, waxes, and polishes floors. Washes walls, woodwork, blinds, and dusts. Picks up litter, discarded beverage containers, tree and shrub trimmings, and sweeps walkways. Cleans restrooms and replenishes supplies. Dusts, polishes, and moves furniture as required. Empties wastebaskets and other receptacles. Washes windows and showcases. Polishes brass, changes light bulbs, starters and fuses. Locks and unlocks doors. Raises and lowers flag. Reports need for building repairs. Adjusts heat and air conditioning controls. Performs related work as required. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS Considerable knowledge of the use and care of a variety of cleaning equipment. Ability to receive and carry out oral and written instructions. Ability to plan and organize routine work details. Physical strength and agility sufficient to perform cleaning and simple building maintenance work. Performs related work as required. DESIRABLE BASIC TRAINING AND EXPERENCE Ability to read and write English. Four (4) years experience in custodial work. CLASSIFICATION: PAINTER NATURE OF WORK: Journeyman level work in preparing surfaces for painting and in mixing, matching and applying paints to equipment, furniture and the interior and exterior of buildings, swimming pools and other structures. ESSENTIAL FUNCTIONS: Erects steel scaffolding, extension ladders and planks. Employs swing -stage equipment for painting high exterior walls and structures. Spreads canvas or cloth over surfaces and objects to prevent paint Page 55 of 59 Invitation for Bid (IFB) 66044,2 splattering. Removes old paint or varnish by scraping, burning, sandpapering, sandblasting, pressure cleaning, and otherwise preparing the surface to be painted. Mixes and matches paints, which may be highly toxic, including varnishes, enamels, lacquers, 2 and 3 component urethanes and chlorinated rubberbase paints. Applies water and oil based paints, varnishes, lacquers and enamels to interior and exterior surfaces of structures such as fire stations, police stations, marinas, stadiums, parks, pools and a wide variety of administrative buildings, and to wood and metal equipment such as cabinets, desks, pumps, signs and pipes with roller, brush or spray gun. Occasionally, prepares walls for wallpapering and hangs paper. Replaces window glass. Applies waterproofing paint to roofs and other surfaces requiring such treatment. Cements, plasters and caulks holes. Performs maintenance sign -painting tasks with the use of stencils. Paints lines for traffic and pedestrian guidance on the streets and sidewalks, and lines on gymnasium floors, tennis and basketball courts. Estimates time and materials required. Keeps simple records and prepares simple reports of work performed. Cleans and maintains brushes, rollers, spray guns and other equipment. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS: Considerable knowledge of standard practices and processes of the trade. Considerable knowledge of paints, varnishes, stains, exterior acrylic latexes, lacquer primers and finish coats, synthetic enamels, acrylic enamels, chlorinated rubber bases, urethanes, epoxies, paint removers and other surface finishes and prepares, and of their properties and applications, also the dryers, extenders, retarders and thinners for all of the above. Some knowledge of occupational hazards of the trade and precautionary measures to be observed, especially in using toxic paints and their thinners. Ability to mix colors and match paints and varnishes, and to apply paints by brush, roller or spray systems, both conventional and hydraulic airless. Ability to use pressure cleaners, power sanders, hydraulic airless equipment, and conventional spray equipment. Ability to make estimates of time and material required on widely varied assignments. Ability to keep simple records and prepare simple reports. Coordination and dexterity. Good physical condition. REQUIREMENTS: Graduation from high school or vocational school, and considerable (2 — 4 years) experience in painting work on a wide variety of building surfaces, fumiture or equipment at the journey level. OR Equivalent combination of training and experience. CLASSIFICATION: SENIOR HEAVY EQUIPMENT OPERATOR NATURE OF WORK: Highly skilled work in the operation of heavy duty, complex construction and maintenance equipment. Work involves responsibility for the safe and efficient operation of heavy construction equipment entailing considerable manipulative skill to operate effectively. The work is distinguished from other Equipment Operator classes by the responsibility for operating such equipment as heavy graders, loaders and loader backhoes to very close tolerances. Allocation to this class presumes the operation of such equipment as a regular assignment. Because of the nature of heavy-duty equipment, there is a factor of responsibility of the safety of other workers connected with the operation of this equipment. Importance is attached to the fact that this equipment requires constant attention in its operation to protect it from damage. Supervision is received from a superior who assigns and inspects work in progress or at completion. ESSENTIAL FUNCTIONS: As a major assignment, operates one or more of the following pieces of equipment to very close engineering tolerances: motor grader, loader back hoe, or front end loader. Page 56 of 59 Invitation for Bid (IFB) 66044,2 Services and makes minor repairs to equipment. Trains and instructs other equipment operators in use of heavy duty equipment and attends training and safety meetings. When not operating heavy duty construction type equipment, operates heavy, medium or light equipment. Serves as lead worker at crew site. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: Extensive knowledge of the functions, operating methods and care required of a wide variety of heavy and complex construction equipment used on various jobs, such as excavating, working to grade, rolling and related work. Ability to operate such equipment efficiently and safely. Extensive knowledge of street surfacing materials, including asphalt and aggregates, and street paving processes. Extensive knowledge of the hazards and of applicable safety rules and regulations for operating this equipment. Ability to establish and maintain effective working relationships with other employees and the general public. Ability to make operating repairs to equipment. Ability to react quickly and correctly in emergencies. Exceptional muscular coordination, alertness, good eyesight (including freedom from color blindness), good hearing, physical strength, agility and stamina. Ability to withstand exposure to adverse climatic conditions. REQUIREMENTS: Graduation from high school or vocational school, and experience in operating the heavier and more complex construction and maintenance equipment at the level of Automotive Equipment Operator III or its equivalent. Candidates must possess a valid State of Florida Commercial Driver's License at the time of appointment. OR Equivalent combination of training and experience. CLASSIFICATION: HEAVY EQUIPMENT MECHANIC NATURE OF WORK: Journeyman level mechanical work in the repair and maintenance of diversified heavy automotive equipment. Work involves the skilled repair, maintenance and servicing of a wide variety of both conventional and specialized equipment and motorized machinery. This work requires the use of usual and specialized automotive mechanics' tools, and also the use of special types of shop equipment, gauges, and machinery. Work assignments are received from a Heavy Equipment Mechanic Supervisor, either orally or in writing, and may include assisting in diagnosing the type or extent of work to be done. Work includes performing the actual repairing, servicing or maintenance work, and any final tests or checks to determine that the work has been completed satisfactorily. General supervision is received in progress and upon completion. Supervision may be exercised over Heavy Equipment Mechanic Helpers. ESSENTIAL FUNCTIONS: Diagnoses, adjusts, repairs and services a wide variety of light, medium and heavy duty automotive equipment and machinery which includes draglines, road rollers, bulldozers, road graders, front end loaders, ditching machines, back hoes, sewer maintenance equipment, air compressors, hydrocranes, compacting garbage trucks, as well as various types of special duty and conventional trucks. Diagnoses, adjusts, repairs and overhauls motors of a wide range of automotive fire equipment, and makes tuning adjustments necessary to insure ease in starting and effective operation for long periods of uninterrupted service. Repairs, overhauls and maintains specialized equipment on pumping, ladder and other automotive fire equipment including pumps, valves, power take offs, hydraulic systems, and steering mechanisms. Repairs and builds or rebuilds special bodies. Overhauls and services assemblies and accessories such as single and two speed rear axles, multi -speed Page 57 of 59 Invitation for Bid (IFB) 66044,2 transmissions (from one to ten speeds), Allison automatic transmissions, and hydraulic, compressed air, vacuum and electric controls, systems and components. Operates various types of shop equipment, machinery, precision instruments, specialized tools and devices such as dynamometers, boring bars, valve refacing and reseating equipment, micrometers, dial gauges, wheel alignment gauges, wheel alignment gauges, clutch cover assembly devices, power saws, grinders, drill presses and lathes. Makes tests to locate defects in operation and as a check on repairs before returning equipment back in to service. May supervise unskilled workers. Makes road calls to service equipment in the field. DESIRABLE KNOWLEDGE, ABILITIES AND SKILLS: Considerable knowledge of the construction, design, repair, and adjustment of a wide variety of both conventional and specialized heavy equipment and machinery. Considerable knowledge of the usual types of automotive tools and equipment, as well as the special tools, gauges, machinery and shop equipment used in repair, servicing and maintenance of heavy equipment. Ability to detect by inspection any worn, defective or improperly adjusted part of the assembly. Ability to supervise a small group of Heavy Equipment Mechanic Helpers. Ability to follow oral and written instructions and to keep records of repair and service operations. Skill in the diagnosis of defects and failures of specialized and heavy equipment, and in the use and operation of specialized tools and equipment of the trade. Excellent mechanical aptitude, coordination and dexterity. Good physical condition. REQUIREMENTS: Graduation from high school or vocational school. Completion of an apprenticeship period and attainment of joumeyman's rank in heavy equipment repair work. Possession of a valid State of Florida driver's license is required. OR Equivalent combination of training and experience. CLASSIFICATION: HEAVY EQUIPMENT MECHANIC HELPER NATURE OF WORK: Semiskilled work below the journeyman level in serviceing and repairing a variety of heavy automotive equipment. Work involves responsibility for performing semiskilled tasks in the servicing, maintenance and repair of heavy automotive equipment. An employee in this class usually assists a Heavy Equipment Mechanic on complex repair jobs. However, the employee is expected to perform routine daily tasks independently. Supervision is received from a Heavy Equipment Mechanic r Supervisor, and work is checked through inspection and through the performance of the equipment serviced. ESSENTIAL FUNCTIONS: Services and changes oil in a variety of heavy equipment, including trucks, payloaders, bulldozers and cranes. Performs minor repairs and replacement work, adjusting points, cleaning and replacing spark plugs. Assists Heavy Equipment Mechanics in lowering or lifting heavy parts in removing or installing automotive equipment. Removes defective parts, such as starters, generators, water pumps, and radiators. Cleans and changes filters on construction and maintenance equipment. Checks compressors, radiators and radiator hoses. Performs general service on all types of heavy duty equipment. Dismantles equipment for repairs. Gives semiskilled mechanical assistance in all areas of automotive repair. Operates service truck to make minor repairs to heavy equipment and to change or add tires, batteries and gasoline. Assists in removing engines and other assemblies, and dismantles for overhaul or replacement. Page 58 of 59 Invitation for Bid (IFB) 66044,2 Assists in automotive body work and preparing equipment for painting. Greases and lubricates bulldozers, cranes trucks, street sweepers, and other heavy equipment. DESIRABLE KNOWLEDGE. ABILITIES AND SKILLS: Considerable knowledge of the less complex mechanical parts of automotive equipment. Considerable knowledge of the standard tools, materials, and practices of the mechanical trades. Considerable knowledge of the hazards and safety precautions of the trade. Ability to understand and effectively carry out simple oral and written instructions. Ability to keep simple records. Skill in the care and use of required tools and equipment. Mechanical aptitude, coordination and dexterity. Good physical condition. REQUIREMENTS: Graduation from high school or vocational school. Some experience in semiskilled work in automotive repair and maintenance at a garage. Possession of a valid State of Florida driver's license is required. OR Equivalent combination of training and experience. Page 59 of 59