Miami-Dade Legislative Item
File Number: 111321
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File Number: 111321 File Type: Resolution Status: Adopted
Version: 0 Reference: R-731-11 Control: County Commission
File Name: TEMPORARY EMPLOYMENT AGENCY SERVICES Introduced: 6/15/2011
Requester: Procurement Management Department Cost: Final Action: 9/20/2011
Agenda Date: 9/20/2011 Agenda Item Number: 8O1A
Notes: IB 06.15.11 Title: RESOLUTION AUTHORIZING AWARD OF COMPETITIVE CONTRACT 9432-4/16 TEMPORARY EMPLOYMENT AGENCY SERVICES IN THE AMOUNT OF $17,808,000 AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE CONTRACT OPTIONS, AND ANY OTHER RIGHTS CONTAINED THEREIN, AWARD SAME, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS [SEE ORIGINAL ITEM #111010]
Indexes: TEMPORARY PERSONNEL SERVICES
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History
Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail
Board of County Commissioners 9/20/2011 8O1A Adopted P
REPORT: At a later time during the meeting, Chairman Martinez relinquished the chair to Vice Chairwoman Edmonson. It was moved by Chairman Martinez that the Board of County Commissioners reconsider Agenda Item 8O1A. This motion was seconded by Vice Chairwoman Edmonson; and upon being put to a vote, the motion passed by a vote of 12-0. (Commissioner Bell was absent) Chairman Martinez resumed chairing the meeting. In response to Chairman Martinez’s question regarding the annual multiplier rate per employee, Ms. Miriam Singer, Director of the Department of Procurement Management, noted there was no multiplier rate provision included in the foregoing contract. She advised all positions utilizing contract service employees were competitively filled, and the temporary employment agency provided billable hours for each position. Pursuant to Chairman Martinez’s inquiry, Ms. Singer advised the paying rate for each contract service position differed, and there was approximately an 18% paying rate difference for a procurement position. Chairman Martinez expressed his concerns regarding the long-term retention of contract services employees, particularly at the Community Action Agency (CAA) when the County was experiencing layoffs, and the large percentage difference between the paying and billable rates. In response to Commissioner Bovo’s inquiry, Chairman Martinez briefly listed the type of services provided by these employees and the hiring dates. Commissioner Diaz advised he shared the same concerns for long-term temporary employees, but he felt the contract was a cost savings contract and to the County’s best interest. In response to Vice-Chairwoman Edmonson’s inquiry regarding the tenure of temporary employees, Ms. Singer advised that such long-term temporary employees could best be characterized as Contract Service Employees, and they supported critical areas of need such as CAA’s Weatherization Program and other critical operational needs in other housing programs as documented in the supplements previously submitted to the Board. She noted the memorandum sent to the members of the Board dated September 1, 2011, at the request of Chairman Martinez, documented contract employees currently employed and each employee’s tenure if hired full-time as of August 17, 2011. She stressed how important it was to hire contract service employees due to flexibility and efficiency factors. Ms. Singer pointed out that the proposed contract would provide good pay rates for those new employees. In response to Vice Chairwoman Edmonson’s comments opposing the extended retention of contract employees during lay-offs of County employees, Ms. Singer confirmed that these employees had the experience and skills necessary to provide the services required. Ms. Phyllis Tynes-Saunders, Director of the Department of Human Services, advised that temporary employees working at the meal sites provided basic services to elderly persons such as, serving meals, preparing reports, and ensuring that all activities at the sites were coordinated properly. She advised that, to be more cost effective, the County used contract service employees inasmuch as many of those positions provided services funded by grants, and funding adjustments were easier to make with unfunded programs or those not funded at the same previous year’s funding level. Pursuant to Vice Chairwoman Edmonson’s inquiry as to whether some of those services could be provided by County employees, Ms. Tynes-Saunders replied that it represented a cost savings in terms of fringe benefits, healthcare insurance, and other costs associated with a permanent County employee since the majority of contract employees were part-time employees. Responding to County Attorney Cuevas’ question in reference to the motion for reconsideration and whether it was made by a member of the Board on the prevailing side, Division Chief Christopher Agrippa, Clerk of the Board Division, Miami-Dade Clerk of Courts, stated the record reflected the original vote as10-1 with Commissioner Barreiro voting no; and the record reflected Chairman Martinez and Commissioner Suarez were absent. County Attorney Cuevas clarified that the motion to reconsider the foregoing item needed to be made by a member of the Board on the prevailing side, and Chairman Martinez and Commissioners Barreiro and Suarez could not make that motion. Following the County Attorney’s clarification, it was moved by Commissioner Bovo that Agenda Item 8O1A be reconsidered by the Board of County Commissioners. This motion was seconded by Commissioner Heyman; and upon being put to a vote, passed by a vote of 13-0. Commissioner Monestime concurred with the County administration’s recommendation, stating it was a cost effective contract. Commissioner Sosa commented the foregoing resolution provided flexibility and efficiencies in certain areas of the County’s operations, stressing how important these temporary positions were for the care of senior citizens. Commissioner Bovo noted he concurred with Commissioner Sosa’s comments. In response to Commissioner Bovo’s inquiry regarding whether hiring contract employees was more expensive, Ms. Singer advised that the Human Resources Department analyzed 67 of the most frequently hired positions listed in the temporary services contract, comparing them to County positions receiving fringe benefits on July 2011, and it was found that the cost to employ an individual as a County employee would have been 27.5 percent higher. Discussion ensued regarding the types of positions filled with contract employees. Commissioner Bell commented that she supported the foregoing resolution as it was fiscally prudent and a very cost effective contract. In connection with Commissioner Barreiro’s questions regarding the percentage of contract employees employed as full-time and part-time workers, Ms. Singer advised the information could be provided at a later time during today’s meeting; but the calculation would be performed based on Chairman Martinez’s memorandum dated August 17, 2011, requesting that information. In response to Commissioner Barreiro’s inquiry, Ms. Singer advised that the contractor paid contract employees an hourly rate without fringe benefits; and the only contract employees receiving healthcare benefits were those positions covered by the provisions of the Living Wage Ordinance as the policy of this Board. Commissioner Barreiro referred to the provisions of a resolution enacted by the Board requiring the status of temporary employees be changed to permanent part-time or permanent full-time after six (6) months of continuous employment and requiring the departments to submit such information to the Office of Management and Budget to determine the status of the temporary services employee. Ms. Mary Lou Rizzo, Director of Human Resources, advised that departments were required to evaluate the position after six (6) months of employment to determine its continuation in accordance with the ordinance relating to contractual services; and the Human Resources Department was required to further evaluate the position after one (1) year of employment to determine if it would be more appropriate to establish a permanently budgeted position for the contracted services. In response to Commissioner Jordan’s inquiry regarding whether temporary agencies provided fringe benefits like annual leave to long-term temporary employees, Ms.Singer advised that each temporary agency would have to be contacted individually to obtain that information since it was not a requirement of County contracts to provide those employees with fringe benefits. Commissioner Jordan spoke in support of the foregoing contract since it was cost effective and provided the County with fixed labor costs, particularly for those positions funded by federal grants. She noted in the past the County was allowed to increase the wages of temporary services employees working for the County. There being no other comments from the members of the Board or the administration, the Board proceeded to vote.
Commission Auditor 9/12/2011 Legislative notes attached 9/20/2011
Board of County Commissioners 9/1/2011 8O1G Deferred 9/20/2011 P
REPORT: Chairman Martinez noted he needed more time to review the information on the foregoing proposed resolution since it was distributed today (9/01). He inquired whether a deferral of this Item until September 20, 2011 would impact the County’s use of temporary contract employees in the interim. Mayor Gimenez accepted the request for deferral. Commissioner Heyman noted costs savings were associated with hiring temporary employees. Commissioner Moss questioned whether there was a difference between someone employed by a temporary agency for placement in a grant funded position as opposed to a regular County department. Ms. Miriam Singer, Director, Procurement Management noted that supplemental information was provided which listed critical employees broken down into four categories; grant funded positions, proprietary funded positions, blended positions, and PPP/CITT funded positions. She noted that additional information was provided depicting whether temporary employees were hired full-time versus part-time, specific job assignments, and length of employment as of August 17, 2011. She noted she would be available to review this information with members of the County Commission prior to the next meeting. Commissioner Moss further questioned whether the supplement would justify the need to hire temporary employees and if a determination could be made regarding whether general fund dollars were used to cover a gap in service as opposed to a grant funded position. Ms. Singer noted that blended funding sources represented only five-percent of the contract value and the actual percentage could not be documented despite ongoing collaboration with the Office of Management and Budget. She noted that information was available in the ancillary report pertaining to County employees on maternity or sick leave that were replaced with temporary employees. She said she would assist commissioners requiring additional help concerning this data. Commissioner Moss asked Ms. Singer to be available to meet with him to clarify the information contained in the supplemental report. Hearing no further questions or comments, the Commission proceeded to defer the foregoing proposed resolution to the September 20, 2011 County Commission Meeting.
Board of County Commissioners 8/2/2011 15D1 Deferred 9/1/2011 P
REPORT: On July 19, 2011, the County Commission adopted the foregoing resolution, Item 8O1B. At today’s (8/2) meeting, Commissioner Sosa presented a motion that this resolution be reconsidered. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed 10-2 (Commissioners Barreiro and Martinez voted “No”; Commissioner Moss was absent). It was then moved by Commissioner Sosa that the foregoing resolution be deferred to the September 1, 2011 County Commission Meeting. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed 12-0 (Commissioner Moss was absent).
Board of County Commissioners 7/19/2011 8O1B Adopted F
REPORT: County Manager Alina Hudak advised the County Commission that the current temporary employment agency services contract expired this week and affected approximately 500 people who were currently working at the County. Chairman Martinez reminded the County Commission that the County was considering the layoff of approximately 800 employees in the FY 2011-12 budgets at the same time a recomendation was being made to fund temporary employment services. Commissioner Sosa questioned whether this proposed resolution included the use of Charter County Transportation Surtax Funds. Ms. Miriam Singer, Director, Department of Procurement Management, responded to Commissioner Sosa that People’s Transportation Plan funds were included for the transit allocation following unification and it was approved by the Citizens’ Independent Transportation Trust Committee. Commissioner Sosa noted that 11 out of the 27 vendors were local vendors and that two vendors had compliance and performance violations related to the underpayment of employees. She suggested that a system be used to track and provide information about the underpayment of employees before a decision was made. Ms. Singer responded that the requested information was already provided on each of the firms. She noted that underpayment issues with Deanna Enterprises Inc. and Tri-State Employment Service, Inc. had been cured and that those firms were currently in compliance. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution. [NOTE: At the Tuesday, August 2, 2011 County Commission Meeting, the Commission by motion duly made, seconded, and carried, reconsidered the foregoing resolution. See “Non-Agenda Items Report” in the August 2, 2011 Minutes (Legistar Key No. 3105).]
County Attorney 6/21/2011 Assigned Hugo Benitez 6/23/2011
County Manager 6/15/2011 Assigned Wendi Norris 6/12/2011 6/15/2011
REPORT: ITEM #111010 WAS AMENDED AT THE JUNE 12, IMFR MEETING
County Manager 6/15/2011 Assigned County Attorney 7/7/2011
REPORT: DPM;AMENDED AND PASSED AT THE JUNE 12, IMFR MEETING; HUGO BENITEZ, ASSISTANT COUNTY ATTORNEY
Internal Mgmt. & Fiscal Responsibility Committee 6/14/2011 3U AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairwoman Bell noted the proposed resolution represented a significant cost savings to the County. Assistant County Attorney McCarty read proposed Committee amendment(s) to the foregoing proposed resolution into the record. Hearing no further questions or comments, the Committee forwarded the foregoing proposed resolution to the Board of County Commissioners (BCC) with a favorable recommendation with Committee amendment(s): to add the language “and authorizing use of Charter County Transportation Surtax Funds on this item” to the resolution title and to the Now, Therefore clause.
Legislative Text

TITLE
RESOLUTION AUTHORIZING AWARD OF COMPETITIVE CONTRACT 9432-4/16 TEMPORARY EMPLOYMENT AGENCY SERVICES IN THE AMOUNT OF $17,808,000 AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE CONTRACT OPTIONS, AND ANY OTHER RIGHTS CONTAINED THEREIN, AWARD SAME, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS

BODY
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the award of contract 9432-4/16: Temporary Employment Agency Services, in the amount of $17,808,000, in substantially the form attached hereto and made a part hereof, and authorizes the County Mayor or County Mayor�s designee to exercise contract options, and any other rights contained therein>>and authorizing the use of Charter County Transportation Surtax Funds<<.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Recommendation for Approval to Award: Temporary Employment Agency Services

At the June 14, 2011 Internal Management and Fiscal Responsibility Committee meeting, the foregoing resolution was amended to include authorization to use Charter County Transportation Surtax Funds.

STAFF RECOMMENDATION
RECOMMENDATION

It is recommended that the Board of County Commissioners approve award of this contract to the vendors listed below, to provide temporary employment agency services to various County departments. This contract is a consolidation of three contracts, Temporary Clerical Personnel Services, Temporary Technical Personnel Services, and Personnel Agency Services.

CONTRACT NUMBER: 9432-4/16

CONTRACT TITLE: Temporary Employment Agency Services

TERM: One year with four, one-year options-to-renew

APPROVAL TO ADVERTISE: October 19, 2010

METHOD OF AWARD: Up to three responsive and responsible bidders offering the lowest price per group.

PREVIOUS CONTRACTS AMOUNT: $ 29,952,000(This is a consolidation of 3 contracts; 2 contracts for a 12-month period and 1 contract for an 18-month period)

CONTRACT AMOUNT: $ 17,808,000 for a one year term.

USING/MANAGING AGENCIES
AND FUNDING SOURCES:

Department Allocation Funding Source Contract Manager
Animal Services $325,000 General Fund/Proprietary Funds Angel Villarreal
Building and Neighborhood Compliance $500,000 General Fund/Proprietary Funds Stanley Krafick
Community Action Agency $3,589,000 Federal Funds/Grant Funds Shirley Almeida
Office of the Clerk $2,080,000 Clerk�s Revenue Dee Harvard
Capital Improvements $12,000 Proprietary Funds Eugene Codner
Citizens� Independent Transportation Trust $10,000 PTP Surtax Marlene Amaro
Corrections and Rehabilitation $80,000 General Fund Mohammed Haq
Consumer Services $9,000 General Fund/Proprietary Funds Mayra Beltran
Economic Advocacy Trust $13,000 General Fund Angela Vaughns
Elections $100,000 General Fund John Clauser
Emergency Management $40,000 General Fund/Grant Funds Pamela Broaster-Doyle
Environmental Resources Management $100,000 Proprietary Funds Manuel Almuina
Human Resources $302,000 General Fund Edsel Abreu
Enterprise Technology Services $350,000 Internal Service Funds Manny Fernandez
Finance $345,000 Proprietary Funds Armando Fresnedo
Fire Rescue $1,202,000 Fire District/General Fund/Grant Funds Marianela Betancourt
Government Information Center $490,000 General Fund Deborah Dean
General Services Administration $1,194,000 Internal Service Funds Clayton Baptiste
Public Housing Agency $1,275,000 Federal Funds Mari Saydal-Hamilton
Housing Finance Authority $5,000 Proprietary Funds Giraldo Canales
Human Services $1,525,000 General Fund/Grant Funds Kyra King
Library System $10,000 Library District Amir Ali
Medical Examiner $93,000 General Fund Theresa Bryant
Office of Sustainability $35,000 Proprietary Funds Lisa Klopp
Property Appraisal $412,000 General Fund Gloria Lampley
Police $136,000 General Fund Laura Romano
Procurement Management $100,000 Proprietary Funds Marcia Casamayor
Park and Recreation $200,000 General Fund/Proprietary Funds Yolanda Fuentes-Johns
Public Works $750,000 General Fund/PTP Surtax/Proprietary Funds Ruth Rodriguez
Planning and Zoning $25,000 General Fund/Proprietary Funds Manuel Blanco
Seaport $191,000 Proprietary Funds Phillip Rose
Solid Waste Management $714,000 Proprietary Funds Olga Espinosa-Anderson
Transit $100,000 MDT Operating Funds Angel Castro
Vizcaya $20,000 Proprietary Funds Luis Correa
Water and Sewer $1,476,000 Proprietary Funds Gregory Hicks
TOTAL $17,808,000

DPM CONTRACTING OFFICER: Martha Perez-Garviso, Department of Procurement Management

VENDORS RECOMMENDED FOR AWARD: The following Groups are being awarded: Group A - Clerical Positions; Group B - Clerk 4; Group C - Maintenance Related; Group D - Food Service; Group E - Driver Attendant and Other Positions; Group F - Data Entry; Group G � Administrative; Group H - Office Support Specialist; Group I - Professional; Group J - Child Related; Group K - Construction Related; Group L - Information Technology; Group M - Miscellaneous; Group N - Carpenter and Other Positions; Group O - Auto Equipment Operator 2 and Other Positions; Group P � Miami- Dade Housing Agency Administrative; Group Q � Miami-Dade Housing Agency Construction Related; and Group R - Pre-Qualification Of Bidders.

Awardee(s) Address Principal Award
Alpha 1 Staffing Search Firm, LLC (Non-Local Vendor) 3350 SW 148 Ave. Suite 110, Miramar, FL 33027 Garrie Harris Primary: Group A, F, G,H, K, N, O; Secondary: Group B, C, D, E; Tertiary: Group I, J

Alpha Omega Temporary Services, Inc. (Local-Vendor) 6073 NW 167 Street Suite C10, Miami Lakes, FL 33015 Babatunde Akani Secondary: Group Q; Tertiary:Group O

Adelante Staffing Services, Inc. (Local Vendor) 3850 SW 87 Ave. Suite 202, Miami, FL 33165 Leslie Mousel-Nunez Primary: Group C,D,E, J, M, Q; Secondary:Group F; Tertiary:Group A, B, H

Deanna Enterprises/ DBA A1A Employment (Local Vendor) 2125 Biscayne Blvd. Suite 205 Miami, FL 33137 Veldrin Freemon Primary: Group I; Tertiary:Group K

Adil Business Systems, Inc. (Non-Local Vendor) 2501 S. Ocean Dr. Suite C205, Hollywood, FL 33019 Chachra Sushil Tertiary Group C

Careers, USA (Non-Local Vendor) 6501 Congress Ave. Suite 200 Boca Raton, FL 33487 Marilyn Ounjan Secondary: Group M

GDKN Corp. (Non-Local Vendor) 1779 N. University Dr. Suite 102,Pembroke Pines, FL 33024 Jay Narang Primary: Group P; Secondary:Group H; Tertiary:Group N

Guillaume Group, LLC (Non-Local Vendor) 4699 N. State Rd. 7 Suite S, Tamarac, FL 33319 Jean Guillaume Primary: Group B; Secondary: Group A

Eagle Resource Group, Inc. (Non-Local Vendor) 5775 Glendrige Dr.,Sandy Springs, GA 30328 Ganesh Persaud Secondary:Group L, P; Tertiary: Group F, M

Ideal Personnel Services, LLC (Local Vendor) 139 NE 1 St. Penthouse #22 Miami, FL 33132 Rebecca Martinez Tertiary: Group L

PackPlus Inc. (Local Vendor) 633 N.E. 167 St. Suite 620 North Miami Beach, FL 33162 Joseph Obadeyi Primary: Group L; Secondary: Group G, I, K, N,O; Tertiary: Group E, Q

Westaff (USA), Inc. (Local Vendor) 419 West 49 Street Suite 111 Hialeah, FL 33012 Paul Sorensen Secondary: Group J

Tri-State Employment Services, Inc. (Non-Local Vendor) 160 Broadway Suite #15 Floor, New York, NY 10038 Robert Cassera Tertiary: Group G, P

Vestigo Staffing, LLC (Local Vendor) 8300 NW 53 Rd. Suite 350 Miami, FL33166 Adan Brown Tertiary: Group D

Active Staffing Hialeah, LLC (Local Vendor) 468 West 29 Street, Hialeah, FL 33012 Elliot Elzwig Group R - Pre-Qualification of Bidders

Pulmonary Exchange LTD, Incorporated (Local Vendor) 2021 NE 171 ST. Suite 511 North Miami Beach, FL 33162 Sylvia Kalinsky Group R - Pre-Qualification of Bidders

Manpower International, Inc. (Non-Local Vendor) 100 Manpower Place. Milwaukee, WI 53212 Mark Vachalek Group R - Pre-Qualification of Bidders

Total Connection, Inc. (Local) 20451 NW 2 Ave. Suite 120 Miami, FL 33169 Joseph Orukotan Group R - Pre-Qualification of Bidders

Skilled Staffing, LLC (Non-Local Vendor) 3080 SW 44 CT. Ft. Lauderdale, FL 33312 Susan M. Shanahan Group R - Pre-Qualification of Bidders

Tech Nerds, LLC (Non-Local Vendor) 17637 SW 20 St., Miramar, FL 33029 Robert Collins Group R - Pre-Qualification of Bidders

Lindsay Group, Inc. (Non-Local Vendor) 5601 Powerline Rd. Suite 206, Ft. Lauderdale, FL 33309 Carolyn A. Childs Group R - Pre-Qualification of Bidders

Career Xchange, Inc.(Local Vendor) 10689 N. Kendall Dr. Suite 209 Miami, FL 33176 Suzanne Hodes Group R - Pre-Qualification of Bidders

Atrium Personnel/DBA Transhire (Non-Local Vendor) 3601 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Scott Rasbach Group R - Pre-Qualification of Bidders

Fulltime Creatives/DBA Qualified Creatives(Non-Local Vendor) 11700 Melaleuca Way, Cooper City, FL 33026 Joseph Lopez Group R - Pre-Qualification of Bidders

M.E.C. Personnel Consultants, Inc.(Non-Local Vendor) 2645 Executive Park Dr., Suite 110, Weston, FL 33331 George Opitz Group R - Pre-Qualification of Bidders

Abacus Management Services (Non-Local Vendor) 11166 Fairfax Blvd. Suite 402, Fairfax, VA 22030 Urvi Katharia Group R - Pre-Qualification of Bidders

Impact Solutions Consulting, Inc.(Non-Local Vendor) 1701 Barrett Lakes Blvd.,Suite 200, Kennesaw, GA 30144 Russell Forcie Group R - Pre-Qualification of Bidders

VENDORS NOT RECOMMENDED FOR AWARD:

Proposer(s) Reason for Not Recommending
AMG A Management Group, Inc., 18441 NW 2 Ave. Suite 217, Miami Gardens, FL 33619 (Local Vendor) Non-responsible. (See information in Performance/ Compliance Data)

DCR Workforce Solutions, 660 Linton Blvd. Suite 218-C, Delray Beach, FL 33444 (Non-Local Vendor) Non-compliance with vendor registration requirements. Vendor may be added to contract upon compliance.

Labor Ready Southeast, Inc., 1200 South Pine Island Rd.,Plantation, FL 33324 (Non-Local Vendor) Non-compliance with contractual documentation requirements. Vendor may be added to contract upon compliance.

Royal Regions, Inc., 1031 NW 202 Street, Miami, FL 33169, (Local Vendor) Non-responsible. (See information in Performance/Compliance Data)

Trena's Executive Staffing, Inc., 827 NW 62 St. Building B, Miami, FL 33150 (Local Vendor) Non-responsible. (See information in Background)



PERFORMANCE/ COMPLIANCE DATA: AMG - A Management Group, Inc. (AMG):
During the review of the documents submitted by AMG, staff learned that this firm has the same principal owners as AMS - A Personnel Management Service Corporation (AMS) and both companies share the same local address. AMS previously defaulted on multiple Miami-Dade County contracts for temporary personnel services.

On September 8 2005, the County terminated AMS from contract EM5164-1/06 (Temporary Laborers, Waste Collectors) for failure to maintain required worker�s compensation insurance. The secondary vendor (Ocean Crown Environmental) was awarded the contract to provide the services for the remainder of the contract term and succeeding option to renew term.

On April 20, 2009 AMS advised the County that it intended to temporarily suspend contracted services due to financial difficulties. At that time, the company was providing temporary personnel services under four separate contracts (EPP5358-4/10-3, Temporary Nursing Personnel; 6181-4/10-2, Temporary Technical Personnel Services; 5682-3/10-1, Temporary Agency Services; and 5165-4/12-1, Temporary Laborers, Unskilled). AMS was unable to pay its employees assigned to several County departments. On May 7, 2009 the County defaulted AMS due to its non-compliance with the Living Wage Ordinance requirements.

Approximately 142 employees were affected by the AMS default in 2009. The County paid owed wages to 142 AMS employees providing temporary services to the County. In order for the County to be able to provide payment to the 142 employees, the Department of Procurement Management, in cooperation with the Finance Department, had to establish the 142 employees as temporary Miami-Dade County employees. The County provided wages for a two month period until secondary vendors were contracted to fill the position in the groups previously held by AMS.

On June 19, 2009, AMS reimbursed the County $153,387.07 for back wages paid by the County to AMS� employees working in County departments.

Royal Regions, Inc.

During the review of the documents submitted by Royal Regions, Inc., staff learned that this firm has the same principal owner as Ocean Crown Environmental, Inc. (Ocean Crown) and both companies share the same local address. Ocean Crown was previously awarded contract EM5164-1/06-1 for Temporary Laborers, Waste Collectors, which expired on September 30, 2006.

On February 27, 2007 Ocean Crown was cited for violations of the Living Wage Ordinance. This violation impacted approximately 105 temporary employees. On September 14, 2007 Ocean Crown was informed that it had been placed in inactive status due to unpaid worker�s compensation claims. In December 2009, the County directly paid the affected temporary employees a total of $56,855.64, to satisfy Ocean Crown�s non-compliance with the Living Wage and worker�s compensation requirements. The County offset the payment of $56,855.64 by deducting funds from monies owed to Ocean Crown.

Deanna Enterprises Inc./DBA A1A Employment of Miami

Deanna Enterprises Inc./DBA A1A Employment of Miami (A1A) was an awarded vendor under contract E7911-0/05 for Temporary Clerical Employment services. The Small Business Development Department, (SBD) conducted a payroll audit of A1A�s records and issued the firm a violation for underpayment to employees in the amount of $1,428.25. This violation was satisfied and closed on May 5, 2006.

Tri-State Employment Service, Inc.

Tri-State Employment Services (Tri-State) was an awarded vendor under contracts 6181-4/10 and 1099-3/07 for Temporary Clerical and Technical Employment Services respectively. On May 11, 2005, Tri-State was cited with a violation for underpayment of employees. Tri-State satisfied this violation. On April 7, 2006, Tri-State failed to respond to requests from SBD to provide compliance information. The vendor subsequently complied with SBD�s request.

REVIEW COMMITTEE DATE: August 18, 2010

CONTRACT MEASURES: The Small Business Enterprise Bid Preference was applied in accordance with the Ordinance for Groups A, C, D, E, F, G, H, I, J, K, L, M, N, and O. Group B is set aside for Small Business Enterprises. No measures were applied to Groups P and Q due to use of Federal Funding.

The Small Business Enterprise Bid Preference will be applied in accordance with the Ordinance for Group R, where permitted by funding source.

LIVING WAGE: Living Wage was applied in accordance with the Ordinance for the affected Groups.

USER ACCESS PROGRAM: The User Access Program provision will apply to Groups A through O, and Group R (where permitted by funding source). The 2% program discount will be collected on all purchases for those Groups, where applicable. No user access fees will be applied to Groups P and Q due to use of Federal Funding.

LOCAL PREFERENCE: The Local Preference Ordinance was applied to the affected groups.

ESTIMATED CONTRACT
COMMENCEMENT DATE: Upon approval by the Board of County Commissioners and expiration of the Mayoral veto period.

MANAGER'S BACKGROUND
BACKGROUND
The purpose of this solicitation is to establish a contract for a temporary employment agency services for several County departments. Temporary staff support operational needs of various County departments, on an as needed basis. This solicitation consolidates three existing temporary personnel contracts for clerical and technical services.

Eighteen bid groups are established in the solicitation: Groups A through H provide personnel to various County departments for positions covered under the Living Wage Ordinance; Groups I through O provide personnel to various County departments for positions not covered under the Living Wage Ordinance; Group P provides personnel for Miami-Dade Public Housing Agency (MDPHA) positions covered by the Living Wage Ordinance; and Group Q provides personnel for MDPHA positions not covered under the Living Wage Ordinance. Group R establishes a pool of pre-qualified bidders who will be invited to participate in spot market quotes for temporary employment services positions not included in the solicitation.

The combined allocation amount requested by the departments averages approximately 26.31 percent less when compared to existing allocations. The majority of departments have projected a decrease in usage of temporary employees. However, some departments may experience an increase in the usage of temporary employees due to County staff reductions and the need for departments to maintain certain existing core operations. The Department of Procurement Management verified with the Office of Strategic Business Management to ensure the allocated funds are approved and included in the departmental budgets.

On January 28, 2011, meetings were held with AMG and Royal Regions, Inc. to discuss previous violations by AMS and Ocean Crown Environmental. During these meetings both vendors were given an opportunity to explain the prior history of contract deficiencies with the County, and detail the strategies now in place to prevent recurrence.

During these meetings neither company presented evidence that the violations of the past contracts would be avoided. Additionally, both companies expressed their intent to use factoring companies as a means of financial support. Subsequent to the responsibility meetings, and after reviewing information on the prior violations and non-performances, both vendors were deemed non-responsible and are not recommended for award.

Trena�s Executive Staffing, Inc. is not recommended for award because the vendor lacks the financial, managerial, and organizational capacity to ensure successful contract performance and has been deemed to be a non-responsible vendor.

The provisions of the Local Preference Ordinance required that best and final offers (BAFOs) be conducted among several vendors for Groups C, D, E and J. All vendors who participated in the BAFO submitted lower pricing than their original bid.




___________________________________________
Assistant County Manager


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