HomeMy Public PortalAboutResolution No. 23 - 122 - Resolution authorizing a procurement process for an independent professional background screener to conduct a level 2 background screeningSponsored by: Vice -Mayor Ervin
RESOLUTION NO. 23-122
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A
PROCUREMENT PROCESS FOR AN INDEPENDENT
PROFESSIONAL BACKGROUND SCREENER TO
CONDUCT A LEVEL 2 BACKGROUND SCREENING AND
ALL OTHER BACKGROUND CHECKS NECESSARY TO
COMPORT WITH THE CITY'S ESTABLISHED
PROCEDURES FOR THE SELECTION OF A CITY
MANAGER; REQUIRING BACKGROUND CHECKS ONLY
FOR SHORTLISTED CANDIDATES FOR THE POSITION
OF CITY MANAGER; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR CONFLICT; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 23-002, the City of Opa-Locka ("City")
established a search committee for the selection of a permanent City Manager, which
consisted of the City Commission of the City of Opa-Locka; and
WHEREAS, due to the recent departure of the City's Human Resources Director,
it has become necessary for the City Commission to secure an Independent Professional
Background Screener to assist the Human Resources Department in the completion of an
ongoing search for a permanent City Manager; and
WHEREAS, Section 2-3.1 of the City of Opa-Locka's Code of Ordinances requires,
among other things, that the City conduct a state and national criminal history
background check for the position of City Manager; and
WHEREAS, further, the City Commission is required to adhere to existing
Policies and Procedures requiring a Level 2 background check for City Manager
candidates (See, Background Screening, Finding 47 with Effective Date January 2020 as
Exhibit A); and
WHEREAS, the City is in need of an independent professional background
screener to conduct a Level 2 background screenings for shortlisted candidates and
adhere to all other background checks necessary to comport with established City
procedures for the selection of a City Manager; and
WHEREAS, as contemplated by the City's Policy and Procedures for Background
Screening and the City's definition of "Professional Background Screener," the City
Commission desires to authorize that a Professional Background Screener be procured
Resolution No. 23-122
through a Request for Qualifications to assist the Human Resources Department; and
WHEREAS, the City Commission desires that a Request for Qualifications
("RFQ") be released substantially in the form attached hereto as Exhibit "B"; and
WHEREAS, the City Commission has determined that it is in the best interest of
the City for all applicants for Professional Background Screener shall be collected by the
City Clerk and opened at the next regularly scheduled commission meeting on
September 13, 2023 in the presence of the Human Resources Director and City Clerk. The
City Commission will review, evaluate and choose the successful candidate at the
meeting; and
WHEREAS, the City Commission desires to discard, rescind and reperform any
prior criminal background checks that may have previously been conducted on behalf
of the City; and
WHEREAS, the City's Background Screening process specifically states: "an
acceptable background screening will verify that an individual is who they claim to be;
check and confirm the validity of the person's criminal record, education, employment
history, and other activities from their past. An employee background check reviews a
person's criminal records, driving records, and whether they are on a terror watch list or
sex offender registry and may include a credit and credential check"; and
WHEREAS, as set forth within the City's Policies and Procedures for Background
Screening, it shall be disqualifying for any candidate to interfere with the background
process and a candidate shall only engage with the Human Resources Department or
other authorized entity (Professional Background Screener) to the extent required to
complete the City's employment application, provide driver's license information, and
complete authorization forms necessary for the state and nation criminal background
check and other background screening contemplated by the City's Policies and
Procedures for Background Screening, relevant City ordinances and this Resolution; and
WHEREAS, the Professional Background Screener shall be completely
independent and shall not have performed services for the City of Opa-Locka in the past
or have any relationship, personal or professional with shortlisted applicants; and
WHEREAS, the Professional Background Screener shall provide to the Human
Resources Director other information referenced within the City's Policy and Procedures
for Background Screening to include reference checks, employment and educational
verification, license verification, social security verification, motor vehicle records
checks, credit history and other specialized checks as deemed necessary by the screener.
The Professional Background Screener may also provide newspaper checks and any
other information that may be relevant for consideration of character and overall fitness
2
Resolution No. 23-122
for the job of City Manager; and
WHEREAS, the City's Policies and Procedures for Background Screening
provides that "the Human Resources Department will commission background
screening, upon receiving signed authorization" and "failure to submit a signed
authorization form shall forfeit consideration for employment." Should an applicant fail
to comply following written notice from the Human Resources Director or Professional
Background Screener for more than a forty-eight hour period, said applicant shall be
considered disqualified from the process; and
WHEREAS, the opening of information to be received by the Professional
Background Screener shall be in the presence of the Human Resources Director, City of
Clerk and Police Chief; and
WHEREAS, the City Commission desires to conduct background screenings only
on shortlisted candidates for the permanent position of City Manager; and
WHEREAS, the City Commission of the City of Opa-Locka, Florida hereby
authorizes a procurement process for an Independent Professional Background Screener
to assist the Human Resources Department in conducting a Level 2 Background
Screening and all other background checks necessary to comport with the City's
established procedures for the selection of a City Manager.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes
and mandates strict adherence to this Resolution. The City Commission further
authorizes a procurement process for an Independent Professional Background
Screener to assist the Human Resources Department in conducting a Level 2
Background Screening and all other background checks necessary to comport
with the City's established procedures for the selection of a City Manager only for
shortlisted candidates.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
authorized by the City Attorney without need of public hearing, by filing a
corrected copy of same with the City Clerk.
3
Resolution No. 23-122
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
SECTION 4. CONFLICT
To the extent that there is conflict with this Resolution and any prior Resolution or
policy of the City, this Resolution shall control.
SECTION 5. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and shall be provided to
Governor or Governor's Designee.
PASSED and ADOPTED this 29t11 day of August,
TTEST:
nna Flores, City Clerk
Bur}adette Nor, is -Weeks, P.A.
(City Attorney
Moved by: Vice Mayor Ervin
Seconded by: Commissioner Bass
VOTE: 4-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams ABSENT
Vice Mayor Ervin YES
Mayor Taylor YES
John H. T. or Jr., Mayor
4
EXHIBIT "A"
The Great City of Opa-Locka
:. Policies and Procedures
Subject: Background Screening Finding 47
Effective Date: January 2020
Department: Human Resources
Revised Date:
Policy Number:
Page 1 of 6
Purpose
To provide a safe and secure environment, appropriate background screening will be conducted
for all individuals recommended for employment and/or services consistent with the process for
employment background screening.
An acceptable background screening will verify that an individual is who they claim to be; check
and confirm the validity of the person's criminal record, education, employment history, and
other activities from their past. An employee background check reviews a person's criminal
records, driving records, and whether they are on a terror watch list or sex offender registry
and may include a credit and credential check.
Background Screening Definitions
Level 1 — generally refers to a name -based background check. It is commonly used to check a
person's identity and employment history.
Level 2 — per the Iorida Department of Law_Enforcement (FDLE), a state and national fingerprint -
based check and consideration of disqualifying offenses, and applies to those employees
designated by law as holding positions of responsibility or trust and is completed by the City of
Opa-locka Police Department.
Procedures
• The Human Resources Department (HR) shall facilitate all background screening requests.
The City of Opa-Iocka Police Department facilitates Level 2 background screenings.
• All prospective hires, interns, volunteers, contractors, and contractual temporary
personnel shall go through a pre-screening Florida Department of Law Enforcement
(FDLE) criminal background check (Level 1 or Level 2). Level 1 screening (without FBI
fingerprints) is for all prospective hires, interns, volunteers, contractors, and contractual
temporary personnel. Level 2 screening (with FBI fingerprints) is for those that are
required by any State of Florida Statutes, other applicable laws and/or federal, state and
local grant funding requirements and those that maintain continuous contact with the
"Protected Class"(i.e. children, disabled and elderly). Those subjected to a Level 2
background check include those working within the Police and Parks & Recreation
departments and the City Manager position [Ordinance 2-3.1].
• Background screening will, also, include reference checks, employment and educational
verification, license verification, social security verification and motor vehicle records
checks (where applicable). For positions with special responsibilities, credit history and
specialized checks may, also, be required.
Audit 47 HR Background Screening 1
• Due to the sensitivity of information contained in the criminal history background checks
and the potential liability of maintaining and/or misusing such information, the Human
Resources Department will consult with FDLE, City of Opa-Iocka Police Department and
the City Attorney's Office to maintain appropriate guidelines on the interpretation,
utilization and safeguarding of criminal history information.
• The Human Resources Department will commission background screening, upon
receiving the signed authorization. Failure to submit a signed authorization form shall
forfeit consideration for employment/services with the City. Human Resources personnel
will conduct the screening, through FDLE. Screening results will be provided to the Human
Resources Director and department head. If background screening is "clean," which
means no negative or incomplete information, the individual shall be deemed as
"passing". If negative or incomplete information is revealed, the Human Resources
Director, City Manager and other appropriate persons will assess the potential risks and
liabilities.
• Negative information that is received through background screening is not an automatic
bar to employment and/or services to the City. The individual will be provided with an
opportunity to explain or refute the information obtained. A decision about suitability for
employment and/or services will be made by the Human Resources Director and City
Manager, based on relevant job -related considerations and the nature of the information.
The City will comply with federal laws under the provisions of the Florida Statue, Title
XXXI, Labor, Chapter 435 Employment Screening. As per Florida Statutes Section 112.011,
"if an applicant has been convicted (found guilty) of a crime, several factors are taken into
consideration such as the nature of the offense, the date of the conviction, and the
department and/or position for which he/she is applying or providing services".
• Level 1 background screening shall be periodically obtained for City employees in
executive -level positions and positions of special trust every three (3) years to include
Department Directors; City Manager's Office staff, Finance Department staff, Human
Resources Department staff and Information Technology Department staff.
• Level 2 background screening required for City Manager, Parks & Recreation Department
staff, child event workers, park vendors, and programming partner or community -based
organization employees and volunteers.
Terms and Meanings
a. Community -based Organization (CBO) shall refer to any not -for-profit agency, group,
organization, society, association, partnership, or individual whose primary purpose is to
provide a community service to improve or enhance the well-being of the community of
the City a at large or to improve or enhance the well-being of certain individuals within
this community who have special needs.
b. Child Event Worker shall refer to any full-time or part-time employee, agent, volunteer,
independent contractor, or employee or volunteer of an independent contractor of a
carnival or fair that hosts amusement rides in a park owned or operated by the City. The
following persons shall be exempted from this definition:
Audit 47 HR Background Screening 2
1. Law enforcement personnel;
2. Emergency or fire rescue personnel;
3. Persons conducting deliveries; and
4. Military recruitment personnel
c. Conviction shall refer to a determination of guilt of a criminal charge which is the result
of a trial or the entry of a plea of guilty or nolo contendere,
d. Park vendor shall refer to any full-time or part-time employee, agent, volunteer,
independent contractor, or employee or volunteer of an independent contractor that has
a contract with, or permit from the City to rent or sell food, beverages, sporting
equipment, or any other goods or services in a park owned or operated by the City. The
following persons and events shall be exempted from this definition:
1. Law enforcement personnel;
2. Emergency or fire rescue personnel;
3. Persons conducting deliveries;
4. International or national sporting events;
5. One -day events; and
6. Carnivals, festivals, trade shows, and fairs that do not host amusement rides.
e. Professional Background Screener shall refer to any person, company, organization or
agency which, for monetary fees, dues, or on a not -for-profit basis, regularly engages in
whole or in part in the practice of researching and assembling criminal history information
on specific persons for the purpose of furnishing criminal history reports to third parties.
f. Programming Partner shall refer to any Not -For -Profit Program Service Provider that is
selected by the Department to provide programs in the City Park and Recreation Facilities.
g. Sexual Offenders shall include any individual who meets the criteria of a "sexual predator"
as defined in Section 775.21 (4) of the Florida Statutes, or a "sexual offender" as defined
in Section 943.0435 of the Florida Statutes, or who is listed on the Department of Justice
(DOJ) National Sex Offender Public Website owned or operated by the United States.
h. Violent felony shall refer to the following felonies: arson; sexual battery; robbery;
kidnapping; aggravated child abuse; aggravated abuse of an elderly person or disabled
adult; aggravated assault with a deadly weapon; murder; manslaughter; aggravated
manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child;
unlawful throwing, placing, or discharging of a destructive device or bomb; armed
burglary; aggravated battery; or aggravated stalking.
i. Volunteer shall refer to any individual performing volunteer duties for a CBO, for a
Programming Partner, for the City Park and Recreation Department as a child event
worker, or as a park vendor for more than three (3) days in any six (6) month period.
Students volunteering in order to fulfill high school graduation requirements shall be
exempted from this definition.
Specific Guidelines
• Employers of child event workers, employers of park vendors, and Programming Partners
and CBOs shall secure a nationwide criminal background check of all existing child event
workers, park vendors, employees, and volunteers whose duties require physical
Audit 47 HR Background Screening 3
presence on park property owned or operated by the City. In addition, prior to employing
or allowing to volunteer a person whose duties would require physical presence on park
property owned or operated by the City, employers of child event workers, employers of
park vendors, and Programming Partners and CBOs shall secure a nationwide criminal
background check of all such prospective child event workers, park vendors, employees
or volunteers.
• The nationwide criminal background checks shall be conducted by a Professional
Background Screener and shall include a report as to whether each child event worker,
park vendor, staff member or volunteer is listed on the National Sex Offender Public
Registry, and a comprehensive report and analysis, on the nationwide criminal history of
such child event worker, park vendor, staff member or volunteer.
• Every three (3) years thereafter, employers of park vendors, and Programming Partners
and CBOs shall secure nationwide criminal background checks for existing park vendors,
staff members, and volunteers whose duties require physical presence on park property
owned or operated by the City. However, employers of child event workers shall secure
nationwide criminal background checks for existing child event workers whose duties
require physical presence on park property owned or operated by City every year
thereafter.
• Any child event worker, park vendor, or staff member or volunteer of a Programming
Partner or CBO convicted of the standardized criteria shall be prohibited from working or
volunteering on park property owned or operated by the City.
• Level 11 Background checks required for the City of Opa-locka Park and Recreation
Department employees and volunteers
• The City of Opa-locka shall secure a nationwide a Level II criminal background check prior
to employing, or allowing to volunteer, a person whose primary duties would require
physical presence on park property owned or operated by the City. Every three (3) years
thereafter, the City shall secure Level II background checks for existing employees and
volunteers whose primary duties require physical presence on park property owned or
operated by the City.
• Any employee or volunteer of the Park and Recreation Department convicted of the
standardized criteria shall be prohibited from working or volunteering on park property
owned or operated by City.
Criteria
The City, hereby, adopts the following as the criteria. Any prospective hires, interns, volunteers,
contractors, and contractual temporary personnel shall be disqualified from consideration if the
person has been found guilty of any one of the crimes set forth below and that these convictions
must have a nexus to the City position being filled. "Guilty," for the purposes of this policy, means
that a person was found guilty of a criminal offense following a trial, entered a guilty plea, entered
a no contest plea accompanied by a finding of guilt regardless of whether there was an
adjudication of guilt or a withholding of adjudication, or entered a pretrial diversion or
intervention program relating to a criminal offense.
Audit 47 HR Background Screening 4
a. All sex offenses regardless of the amount of time since the offense (examples
include child molestation, rape, sexual assault, sexual battery, sodomy, prostitution,
solicitation, indecent exposure or similar offenses).
b. All felony offenses involving violence regardless of the amount of time since the
offense (examples include murder, manslaughter, aggravated assault, kidnapping,
robbery, aggravated burglary).
c. All felony offenses other than violence or sex offenses within the past seven years
(examples include drug offenses, theft, embezzlement, fraud, child endangerment).
Any prospective hires, interns, volunteers, contractors, and contractual temporary personnel
may be disqualified from employment if the person has been found guilty of any one of the
crimes set forth below. This determination will be made after an individualized assessment,
which will include but not limited to the nature of the crime and the connection to the position;
the passage of time since the crime; the frequency of conviction; and whether the potential for
an unreasonable risk to the City, its employees and residents.
a. All misdemeanor violence offenses (examples include simple assault, battery,
domestic violence, hit and run).
b. Two misdemeanor drug or alcohol offenses (examples include driving under the
influence, simple drug possession, drunk and disorderly conduct, public intoxication,
possession of drug paraphernalia).
c. Any other misdemeanor that would be considered a potential danger to children or
is directly to the functions of that employee (examples include contributing to the
delinquency of a minor, providing alcohol to a minor, theft —if the employee is to
handle money).
Any prospective hires, interns, volunteers, contractors, and contractual temporary personnel
that has been charged with any of the disqualifying offenses above with cases pending court shall
not be eligible for hire until official adjudication of the case. If the timing of the adjudication does
not coincide with the City's needs to fill the position, another individual will be selected to fill the
position.
Should new or additional information concerning a person subject to background check screening
who has successfully passed a background check be discovered by or disclosed to the City after a
background check has been conducted, and such information was known to or available to the
person and not made known or disclosed to the City, such person may be disqualified from
employment/services.
Confidentiality of Records
HR shall ensure all information obtained in response to background screenings are kept
confidential to the extent permitted by law.
If negative or incomplete information is revealed on an initial background screening, the HR
Director will review the contents of the screening with the City Manager for a determination on
an offer of employment.
Audit 47 HR Background Screening 5
For background screenings completed on current employees that reveal negative or incomplete
information, the HR Director will review the contents with the City Manager. The employee will
be afforded an opportunity to discuss findings with the City Manager and the HR Director. The
City Manager will make the final decision on whether to retain the employee.
The City, its officers, employees and/or agents are not responsible for errors or omissions that
may or may not have been reported on background checks.
Approved By:
Date:
Audit 47 HR Background Screening 6
EXHIBIT "B"
City of Opa-locka
RFQ NO: 23-0913200
REQUEST FOR QUALIFICATIONS (RFQ)
INDEPENDENT PROFESSIONAL BACKGROUND SCREENER
CITY OF OPA-LOCKA
RFQ NO. 23-0913200
INDEPENDENT PROFESSIONAL BACKGROUND SCREENER
TABLE OF CONTENTS
Subject Page Number
Cover 1
Table of Contents 2
Advertisement 3
Part I - Proposal Guidelines 4
Part II - Nature of Services Required 8
Part III - Proposal Requirements 10
Part IV - Evaluation of Proposals 12
Proposer Qualifications 14
Debarment, Suspension Certification 16
Drug -Free Certification 18
Non -Collusion Affidavit 19
Non -Discrimination Affidavit 20
E -Verify Form 21
CITY OF OPA-LOCKA REQUEST FOR QUALIFICATIONS
RFQ NO: 23-0913200
Independent Professional Background Screener
Sealed proposal for Independent Professional Background Screener Services for the City of Opa-locka will be received by
the City's Clerk Office, 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, Wednesday, September 13, 2023 by
2:OOpm. Any RFQ Package received after the designated closing time will be returned unopened. The City will be
accepting proposals by mail; however, it is your responsibility to submit your proposal by the due date. In addition,
proposal may be submitted via www.demandstar.com (e -bid) by 2:00pm.
The address to submit sealed proposal is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-Iocka, Florida 33054
An original and six (6) copies for a total of seven (7) plus 1 copy of the Proposal package on USB Flash Drive in PDF
format shall be submitted in sealed envelopes/packages addressed to the City Clerk, City of Opa-locka, Florida, and
marked RFQ for Independent Professional Background Screener.
Proposers desiring information for use in preparing proposals may obtain a set of such documents by visiting the City's
website at www.opalockafl.gov or www.demandstar.com.
The City Commission reserves the right to accept or reject any and all proposals and to waive any technicalities or
irregularities therein. The City Commission further reserves the right to award the contract to that proposer whose
proposal best complies with the RFQ NO: 23-0913200 requirements. Proposers may not withdraw their proposal for a
period of ninety (90) days from the date set for the opening thereof.
Joanna Flores, CMC
City Clerk
CITY OF OPA-LOCKA REQUEST FOR QUALIFICATIONS
RFQ NO: 23-0913200
Independent Professional Background Screener
PART I
PROPOSAL GUIDELINES
1-1. Introduction: The City of Opa-locka seeks proposals for Independent Professional
Background Screener Services. The City is soliciting bids on behalf of the City Commission under the
laws of the State of Florida. These services must be efficient and economical, adhere to industry
standards and best practices, and utilize the latest nonproprietary or authorized technology. The
Contract will be awarded to the highest ranked Proposer, as described in the Evaluation Procedures
Section below.
1-2. Proposal Submission and Withdrawal: The City of Opa-locka will be accepting
proposals by mail, however it is Proposer's responsibility to submit Proposer's proposal by the due
date. In addition, proposals may be submitted via www.demandstar.com (e -bid). The City must
receive all proposals by 2:00 p.m. on Wednesday, September 13, 2023. The address to submit sealed
proposals is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
To facilitate processing, please clearly mark the outside of the proposal package as follows: RFQ NO.
23-0913200 - Independent Professional Background Screener Services. This package shall also
include the Proposer's return address.
Proposers may withdraw their proposals by notifying the City in writing at any time prior to the
deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer,
for a period of 90 days. Once opened, proposals become a record of the City and will not be returned
to the Proposer.
The City cautions Proposers to assure actual delivery of mailed or hand -delivered proposals directly
to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 prior to the
deadline set for receiving proposals. Proposals may also be presented on DemandStar. Telephone
confirmation of timely receipt of the proposal may be made by calling (305) 688-4611 before
proposal closing time. Any proposal received after the established deadline will not be considered
and will be returned unopened to the Proposer(s).
1-3. Number of Copies: Proposers shall submit an original and six (6) copies (a total of 7)
plus one copy on USB flash drive in PDF format of the proposal in a sealed, opaque package
marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery,
US Mail or any other delivery medium.
1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses
incurred in connection with preparation of a response to this Request for Proposal. Proposers
4
should prepare their proposals simply and economically, providing a straightforward and concise
description of the Proposer's ability to meet the requirements of the RFQ.
1-5. Inquiries: The City Clerk will receive written requests for clarification concerning the meaning
or interpretations of the RFQ, until eight (8) days prior to the submittal date. City personnel are
authorized only to direct the attention of prospective Proposers to various portions of the RFQ so
that they may read and interpret such for themselves. No employee of the City is authorized to
interpret any portion of this RFQ or give information as to the requirements of the RFQ in addition
to what is contained in the written RFQ document.
1-6. Addendum: The City may record its response to inquiries and any supplemental instructions
in the form of written addenda. The City may mail written addenda up to three (3) calendar days
before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain
whether any addenda have been issued. Failure to do so could result in an unresponsive proposal.
Any oral explanation given before the RFQ opening will not be binding.
All Proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the City's Purchasing Agent through written
communication prior to the opening of the proposals.
1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who
submits the proposal judged by the City Commission to be most advantageous.
The Proposer understands that this RFQ does not constitute an offer or an Agreement with the
Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are
reviewed, accepted by the City Commission.
The City Commission reserves the right to reject all proposals, to abandon the project and/or to
solicit and re -advertise other proposals.
1-8. Contractual Agreement: This RFQ and Consultant/Contractor proposal shall be included and
incorporated in the final award. The order of contractual precedence will be the Contract or
Agreement document, original Terms and Conditions, and Proposer response. Any and all legal
action necessary to enforce the award will be held in Miami -Dade County and the contractual
obligations will be interpreted according to the laws of Florida. Any additional contract or
agreement requested for consideration by the Proposer must be attached and enclosed as
part of the proposal.
1-9. Selection Process: The proposals will be evaluated and assigned points. The firm with the
highest number of points will be ranked first; however, nothing herein will prevent the City from
assigning work to any firm deemed responsive and responsible.
The City reserves the right to further negotiate any proposal, including price, with the highest rated
Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the
right to negotiate and recommend award to the next highest Proposer or subsequent Proposers
until an agreement is reached.
1-10. Public Records: Upon award recommendation or ten (10) days after opening, whichever
5
occurs first, proposals become "public records" and shall be subject to public disclosure consistent
with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided
by law in the response to the RFQ and must identify the data or other materials to be protected, and
must state the reasons why such exclusion from public disclosure is necessary. Document files may
be examined, during normal working hours.
1-11. News Releases: The Proposer shall obtain the prior approval of the City Commission for all
news releases or other publicity pertaining to this RFQ or the service, study or project to which it
relates.
1-12. Insurance: The awarded Proposer(s) shall maintain appropriate insurance coverage as may
be required by the City Commission. Proposers' unwillingness to secure insurance coverage,
policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing
Agreement.
1-13. Licenses: Proposers should list all appropriate licenses.
1-14. Public Entity Crimes: Award will not be made to any person or affiliate identified on the
Department of Management Services' "Convicted Vendor List". This list is defined as consisting of
persons and affiliates who are disqualified from public contracting and purchasing processes
because they have been found guilty of a public entity crime. No public entity shall award any
contract to, or transact any business in excess of the threshold amount provided in Section
287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the
"Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate
was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from
the list. By signing and submitting the RFQ proposal forms, Proposer attests that they have not been
placed on the "Convicted Vendor List".
1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the
City of Opa-locka or the State of Florida with respect to this proposal, such Proposer may be
disqualified from performing the work described in this proposal or from furnishing the goods or
services for which the proposal is submitted and shall be further disqualified from submitting any
future proposals for work, goods or services for the City of Opa-locka.
1-16. Drug -Free Workplace: Preference shall be given to businesses with Drug -Free Workplace
(DFW) programs. Whenever two or more proposals which are equal with respect to price, quality,
and service are received by the City for the procurement of commodities or contractual services, a
proposal received from a business that completes the attached DFW form certifying that it is a DFW
shall be given preference in the award process.
1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes,
and give all notices necessary and incidental to the due and lawful execution of the work.
1-18. Protests: Protests of the plans, specifications, and other requirements of the request for
proposal and bids must be received in writing by the City Clerk's Office at least ten (10) working
days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must
be included. Protests of the award or intended award of the bid or contract must be in writing and
6
received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed
explanation of the protest must be included.
1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City
at any time and for any reason in accordance with this clause whenever the City shall determine that
such termination is in the best interest of the City. Any such termination shall be affected by the
delivery to the contractor at least five (5) working days before the effective date of a Notice of
Termination specifying the extent to which performance shall be terminated and the date upon
which termination becomes effective. An equitable adjustment in the contract price shall be made
for the completed service, but no amount shall be allowed for anticipated profit on unperformed
services.
7
PART II
NATURE OF SERVICES REQUIRED
2-1 PURPOSE AND SCOPE OF WORK
Purpose
The City of Opa-Locka seeks proposals for an Independent Professional Background Screener, individual
or firm experienced in conducting background checks for governmental entities and/or companies
engaged in the hiring of high-level professionals for employment positions. The screener will be
responsible for screening three (3) shortlisted candidates for the position of City Manager for the City of
Opa-Locka, Florida.
The professional background screener shall be independent not having ever been employed or worked in
any capacity for the City previously. The Independent Professional Background Screener shall facilitate
professional background screenings to comport with Section 2-3.1 of the City of Opa-Locka's Code of
Ordinances and existing Procedures of the City of Opa-Locka relating to state and national criminal history
background Level 2 checks for the position of City Manager.
Pursuant to the City's Background Screening process "an acceptable background screening will verify that
an individual is who they claim to be; check and confirm the validity of the person's criminal record,
education, employment history, and other activities from their past. An employee background check
reviews a person's criminal records, driving records, and whether they are on a terror watch list or sex
offender registry and may include a credit and credential check.
Background Screening shall include reference checks, employment and educational verification, license
verification, social security verification, motor vehicle records checks, credit history and other specialized
checks deemed appropriate by the screener. The Independent Professional Background screener is
contemplated in the City's Policy and Procedures for Background Screening and the City's definition of
"Professional Background Screener", See Exhibit "A" attached hereto. The City's Human Resources
Department shall receive all information once collected and analyzed by the Professional Background
Screener.
Scope of Work
SCOPE:
a) This solicitation is a request for proposal to provide services for criminal background checks, motor vehicle
checks, financial checks, and miscellaneous background screenings for the City of Opa-Locka for the City
Manager search process. The solicitation is also a request for all of the matters covered within the
Resolution approving these services as passed by the City Commission at its Special Meeting held on August
29, 2023.
b) If a proposal is selected, it will be the most advantageous regarding price, quality of service, and the Vendor's
qualifications and capabilities to provide the specified service which may include modifications, and other
factors which the City may consider.
8
Required checks for this RFQ should include a State of Florida and federal criminal history background
check, to be inclusive of all the categories listed below:
a. SSN Verification
b. Complete address history
c. Criminal history
d. National sex offender registry
e. Motor vehicle report
f. Employment verification
g. Educational background verification
h. Terrorist database
i. All additional items and services referenced within the Resolution that approved these
services as passed by the City Commission on September 29, 2023. Resolution information is
available from the City Clerk or on the City's website.
2-2 PROPOSER QUALIFICATIONS
Adequate information and documentation must be provided in the Proposal to support or confirm
satisfaction of the required qualifications below:
The City of Opa-Locka seeks proposals for an Independent Professional Background Screener,
individual or firm experienced in conducting background checks for governmental entities and/or
companies engaged in the hiring of high-level professionals for employment positions.
The Proposer shall have experience, expertise, and reliability in background screening services;
established reputation, particularly with governmental clients. Proposer must have a minimum of
five (5) years of successful experience in the aforementioned areas.
Please provide a list of current and relevant projects.
2-3 TERM OF CONTRACT
The term of the contract is anticipated to be for ninety (90) days.
9
PART III
PROPOSAL REQUIREMENTS
3-1 RULES FOR PROPOSALS
In order to maintain comparability and enhance the review process, proposals shall be organized in
the manner specified below and include all information required herein. The proposal must name
all persons or entities interested in the proposal as principals. The proposal must declare that it is
made without collusion with any other person or entity submitting a proposal pursuant to this RFQ.
3-2 SUBMISSION OF PROPOSALS
The proposal shall be submitted on 8 1 "x 11" paper, portrait orientation, with headings and
sections numbered appropriately. Ensure that all information is written legibly or typed. The
following should be submitted for a proposing firm to be considered:
3.2.1 Cover Page - Show the name of Proposer's agency/firm, address, telephone number, name of
contact person, date, and the proposal number and description.
3.2.2 Tab 1- Table of Contents
Include a clear identification of the material by section and by page number.
3.2.3 Tab 2 - Letter of Transmittal
3.2.3.1 Limit to one or two pages.
3.2.3.2 Briefly state the Proposer's understanding of the work to be done and make
a positive commitment to perform the work.
3.2.3.3 Give the names of the persons who will be authorized to make representations for
the Proposer, their titles, addresses and telephone numbers.
3.2.3.4 Provide an official signature of a Corporate Officer certifying the contents ofthe
Proposer's responses to the City's Request for Proposal.
3.2.4 Tab 3 - General Information
3.2.4.1 Name of Business.
3.2.4.2 Mailing Address and Phone Number.
3.2.4.3 Names and contact information of persons to be contacted for information or
services if different from name of person in charge.
3.2.4.4 Normal business hours.
3.2.4.5 State if business is local, national, or international and indicate the business legal
status (corporation, partnership, etc.).
3.2.4.6 Give the date business was organized and/or incorporated, and where.
3.2.4.7 Give the location of the office from which the work is to be done and the numberof
professional staff employees at that office.
3.2.4.8 Indicate whether the business is a parent or subsidiary in a group of firms/agencies.
If it is, please state the name of the parent company.
3.2.4.9 State if the business is licensed, permitted and/or certified to do business in the
10
State of Florida.
3.2.5 Tab 4 - Project Approach
Describe in detail the proposal to fulfill the requirements of the scope of services listed in section
2.2 of this RFQ.
3.2.6 Tab 5 - Experience and Qualifications
3.2.6.1 Specify the number of years the Proposer has been in business.
3.2.6.2 Identify the Proposer's qualifications to perform the services identified in this RFQ
as listed in section 2-2 of the Scope of Services.
Include resumes, not exceeding one page each, of all key personnel who will be assigned to the City
for this project.
3.2.7 Tab 6 - Schedule
3.2.7.1 Include a timetable that identifies the amount of time required to complete each
component of the Program.
3.2.7.2 Indicate the earliest available start date for Proposer's project team.
3.2.7.3 Indicate the project completion date based on the date provided in 3.2.7.1.
(Note the search is ongoing and time is of the essence. This work is to include background screening only ).
3.2.8 Tab 7 - Pricing of Services
3.2.8.1 Fee basis should be an all-inclusive, base fee.
3.2.9 Tab 8 - References
3.2.9.1 List a minimum of three (3) references in Florida for which the Proposer has provided
the services requested. Include the name of the organization, brief description of the project,
name of contact person telephone number and email address.
3.2.10 Tab 9 - Additional Forms
Proposers must complete and submit as part of its Proposal all of the following forms
and/or documents
• Proposer Qualifications
• Certification regarding debarment and suspension
• Drug Free workplace certification
• E -Verification
FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY
PROPOSER.
11
PART IV
EVALUATION OF PROPOSALS
4-1 SELECTION COMMITTEE
A Selection Committee shall consist of the City Commission. The City Commission will convene,
review and discuss all proposals submitted on September 13, 2023 at 7 PM, or soon thereafter
during the regular city commission meeting.
The Selection Committee will use a point formula during the review process to score proposals and
assign points in the evaluation process in accordance with the evaluation criteria. The Proposer
shall satisfy and explicitly respond to all the requirements of the RFQ, including a detailed
explanation of how the services shall be performed.
Each proposal will be reviewed to determine if the Proposal is responsive to the submission
requirements outlined in the Solicitation. A responsive Proposal is one which follows the
requirements of this Solicitation that includes all documents submitted in the format outlined in
this Solicitation, is of timely submission, and has the appropriate signatures as required on each
document. Failure to comply with these requirements may result in the Proposal being deemed non-
responsive. The Contract (s) will be awarded to the most responsive Proposer whose Proposal best
serves the interest of and represents the best value to the City of Opa-locka.
4-2 EVALUATION CRITERIA
The City Commission may select and choose to invite any and/or or all firms to make presentations
and be interviewed by the City Commission.
12
Category
Points
Experience and Qualifications.
1. The technical expertise and professional competence in areas directly related to
this RFQ; required number of years of experience in performing similar work
demonstrated.
40
References
1. Provide a minimum of three (3) references of recent demonstrated experience
in providing services similar in nature and size to the Scope of Work and include
any government references. Provide a short description of the work performed,
dates of service, names, addresses, telephone numbers, fax numbers, locations,
remedies, and contract amount.
20
Resources and approach
1. The methodology and systems reflecting the ability to provide the requested services;
thorough discussion of objectives; sensitive approach to public and regulatory concerns;
management, coordination of services and quality controls; attention to detail and
creativity in finding background information.
30
Price Proposal
1. Workload
10
TOTAL
100
13
4-3 ORAL PRESENTATIONS
Proposers may be required to make individual presentations to the City Commission to clarify their
proposals. Only those firms with the highest rated scores in accordance with the stated criteria and
their weights will be invited to give oral presentations. However, the City has the right to accept the
best proposal as submitted, without discussion or negotiation.
If the City determines that such presentations are needed, a time and place will be scheduled for
oral presentations which could be September 13, 2023 at 7:00 PM or soon thereafter. Each Proposer
shall be prepared to discuss and substantiate any of the areas of the proposal submitted, and its
qualifications to perform the specified services. During the oral presentations, the Proposers should
relate their discussion to the evaluation criteria, which will include (but not be limited to) their
approach to the project. The proposed Project Manager or any other person who will be involved
with the background screening must be in attendance.
The Evaluation Criteria may be changed for the oral presentation evaluation phase, if applicable.
Additionally, prior to award of an Agreement pursuant to this RFQ, the City may require Proposers
to submit such additional information bearing upon the Proposer's ability to perform the services
in the Agreement as the City deems appropriate.
4-4 FINAL SELECTION
The City of Opa-locka City Commission will select the firm that meets the best interests of the City.
The City Commission shall be the sole judge of its own best interests, the proposals, and the resulting
negotiated Agreement. The City Commission's decisions will be final. Following the selection of firm,
the expectation is that an Agreement will be executed between both parties. The City Commission
will recommend award to the responsible Proposer whose Proposal is determined to provide
overall best value to the City, considering the evaluation factors in this RFQ.
4-5 AWARD AND CONTRACT EXECUTION
The City Commission shall make the final award. Upon Commission authorization, contract
negotiations will be initiated with the first ranked firm. If those negotiations are unsuccessful, the
City will formally terminate negotiations with the first ranked firm and will commence contract
negotiations with the next ranked firm, etc. Upon successful contract negotiations with the
prevailing firm, the remaining firms will be notified that the process has been completed and that
they were not selected.
14
CALENDAR EVENTS
EVENT
DATE/LOCATION
Release Date
TBA
Pre -Bid Meeting
N/A
Written Questions Due
N/A
Response to Questions
N/A
Due Date/Bid Opening
City Commission Meeting @ 7:00
pm on September 13, 2023, 3rd
Floor, 780 Fisherman Street, Opa-
locka FL.
Due on September 12, 2023 at 2:00
PM:
City of Opa-locka Clerk Office
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
OR
Electronic Bid on
www.Demandstar.com
Award
September 13, 2023
15
RFQ NO. 23-0913200
Independent Professional Background Screener
The Proposer, as a result of this proposal, MUST hold a County and/or any City Occupational License
in the area of their fixed business location. The following information MUST be completed and
submitted with the proposal to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation () Partnership () Individual ()
3. If Corporation, indicate:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of
such authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least three commercial or government references that the bidder has
supplied service/commodities meeting the requirements of the City of Opa-locka RFQ during
the last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the Proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding
any resulting contract. The purpose is to insure that the Contractors, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform
all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are
in conflict, the most stringent requirement shall apply.
16
SUBMITTED THIS DAY OF 2023.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit
Bid
Signature
Title
CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF
RESPONSIBILITY
1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its
Principals:
A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible
for the award of contracts by any Federal agency.
B. Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract
or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in paragraph 1-B
of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts
terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions). This Certification Concerns a Matter Within the
Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,
Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Proposer learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the
certification will be considered in connection with a determination of the Proposer's
responsibility. Failure of the Proposer to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Proposer non-
responsive.
D. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by paragraph
(a) of this provision. The knowledge and information of a Proposer is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business dealings.
18
E. The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Proposer
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES
FULLY WITH THE ABOVE REQUIREMENTS.
Signature
Printed Name
19
CITY OF OPA-LOCKA
RFQ NO. 23-0913200
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual
services, a bid/proposal received from a business that certifies that it has implemented a drug -free
workplace program shall be given preference in the award process. 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 controlled substances is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's 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 number (1).
4. In the statement specified in number (1), notify the employees that as a condition for
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 on or plea
of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled
substance law of the United States or any singular 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 Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program, which
meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)
through (6) above.
Date Signature
20
CITY OF OPA-LOCKA NON -COLLUSION AFFIDAVIT
STATE OF FLORIDA - COUNTY OF MIAMI DADE
being first duly sworn, deposes and says that:
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
the PROPOSER that has submitted the attached
proposal;
(2) He/She/They is/are fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said PROPOSER nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any way
colluded, conspired, connived or agreed, directly or indirectly, with any other PROPOSER,
firm, or person to submit a collusive or sham Proposal in connection with the Work for
which the attached Proposal has been submitted; or to refrain from Proposing in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any PROPOSER, firm, or
person to fix any overhead, profit, or cost elements of the Proposal or of any other
PROPOSER, or to fix any overhead, profit, or cost elements of the Proposed Price or the
Proposed Price of any other PROPOSER, or to secure through any collusion, conspiracy,
connivance, or unlawful agreement any advantage against (Recipient), or any person
interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the PROPOSER or any other of its agents, representatives, owners, employees or parties of
interest, including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
21
NON-DISCRIMINATION AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that the organization, business or
entity represented herein shall not discriminate against any person in its operations, activities or
delivery of services under any agreement it enters into with the City of Opa-locka. The same shall
affirmatively comply with all applicable provisions of federal, state and local equal employment
laws and shall not engage in or commit any discriminatory practice against any person based on
race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for
service delivery.
By:
Title:
Sworn and subscribed before this
day of , 20
Notary Public, State of Florida
(Printed Name)
My commission expires:
22
E -VERIFY
Effective January 1, 2021, public and private employers, contractors and subcontractors will be
required to register with, and use of the E -Verify system in order to verify the work authorization
status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment
eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Vendor
/Consultant/ Contractor to perform work pursuant to the contract with the Department. The
Vendor /Consultant/ Contractor acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the contract is a condition of the contract
with the City; and
By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not
limited to utilization of the E -Verify System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall
maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to
termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must
be terminated immediately. If t contract is terminated for a violation of the statute by the Contractor,
the Contractor may not be awarded a public contract for a period of 1 year after the date of
termination. The Contractor acknowledges it is liable to the City for any additional costs as a result
of termination of the contract due to Contractor's failure to comply with the provisions herein.
23
E -VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with
a public employer to provide labor, supplies, or services to such employer in exchange for salary,
wages, or other remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin
required registration with, and use of the E -Verify system in order to verify the work authorization
status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment
eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties
within Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the
Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the
U.S. Department of Homeland Security's E -Verify System during the term of the contract isa
condition of the contract with the City of Opa-locka; and
Should vendor become successful Contractor awarded for the above -named project, by entering
into this Contract, the Contractor becomes obligated to comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not
limited to utilization of the E -Verify System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall
maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to
termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract
must be terminated immediately. If this contract is terminated for a violation of the statute by the
Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date
of termination.
Company Name:
Authorized Signature:
Print Name:
Title:
Date:
24