Loading...
GDKN Corp.PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GDKN,, CORPORATION FOR TEMPORARY PERSONNEL SERVICE PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 22-09/10 This Professional Services Agreement ("Agreement") is entered into this /.~~~day of ~~~~~p, 2040, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal . offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 {"City"), and GDKN, CORPORATION, a Florida corporation, whose address is .1.779 North University Drive, Pembroke Pines,. Florida 33024 (Consultant). . SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The Chief Administrative Officer of the City. Consultant: For the .purposes of this Agreement,. Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents. shall mean City of Miami Beach ..Request for Proposals No. 22-09/1.0 for TEMPORARY PERSONNEL SERVICES ON AN "AS-NEED BASIS" FOR REGULAR CITY EMPLOYEES WHO' ARE ON VACATION, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RfP), and the Consultant's proposal in response thereto (Proposal), all of which are . hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents _~ and this Agreement; the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk jManager; The Risk Manager of the City, with offices at 1700 Convention Center ` Drive, Third Floor, Miami Beach, Florida 331.39: telephone number •(305) 673-7000, Ext. 6435: and fax number (305) 673-7023. 1 r. SECTION~2 SCOPE OF SERVICES {SERVICES) , Consultant shall provide temporary personnel services, on an "as needed basis," as more specifically set forth in the Proposals documents 2.1 MIAMI BEACH ONE-STOP CENTER Consultant shall work with the One-Stop Career Center to recruit potential employees. 2.2 'SCREENING, INTERVIEWING, TESTING AND TRAINING Consultant will- be responsible for screening, interviewing, testing, and training to include, but not be limited to: - In depth interview that .includes job preferences, experience, goals, interests, attitudes, motivation and other work-related attributes. - Job-related tests to include typing and communication skills. - Background checks to include the Florida Department of Law Enforcement (FDLE). and Miami County as well as credit history for positions that may requires the handing of City funds. - Verification that its employees are not convicted sex offenders. - Training employees on,the City's Service Excellence program. Prior to the start date for all persons receiving a work assignment with the City, Consultant is solely responsible for providing the documentation comprising the results of the background check performed on these persons, including the results of the criminal background and drug test. When requesting temporary services to fill the vacancies dealing with sensitive information, or in safety-sensitive positions (i.e. personal or financial records;~driving heavy equipment; etc.), the City shall have a right to request additional .background checks, including, but not limited to, credit check, driving history check, civil litigation history, and additional medical evaluation. All components of the background checks must be current (conducted within the previous 30 days). The Agency shall bear the full cost of the background investigation. In the event the provided background check(s) shall be deemed unsuitable to make the determination about the person's eligibility to obtain a temporary work assignment with the City, the City shall have a right to perform its own background investigation, and any expenses associated with this investigation may be charged back to the Agency. The City reserves the right to accept or refuse any or all individuals for temporary work assignments with the City of Miami Beach based on the results of the background investigation. 2.3 QUALIFICATION If a Consultant employee(s) assigned to the City is (are) found to be unqualified for any specific assignment, the City has the right to return such employee (s) at no cost to the City. The City shall be the sole judge of the individual's qualification and its decision(s) shall be final. 2 SECTION 3 TERM 3:1 TERM The term of this Agreement shall commence upon execution of this Agreement by the parties hereto, and shall have an initial term of two (2) years, with two (2) one-year renewal options, each to be exercised at the City Manager's sole option and discretion, by providing written notice of same to Consultant no less than thirty (30) days prior to the expiration of the initial term (or the first renewal term, as the case may be): 3.2 TEMPORARY TO PERMANENT In the event that the City employs a temporary employee, no damage fee (i.e. temporary to permanent charge) shall be assessed. 3.3 CITY OF MIAMI BEACH LIVING WAGE ORDINANCE REQUIREMENTS This Agreement is subject to, and Consultant shall be required to comply with the provisions of, the City's Living Wage requirements, as codified in Sections 2-407 through 2-410 of the City Code, and as amended. on June 9, 2010 pursuant to City Ordinance No. 2010-3682 (which Ordinance, is attached. as Exhibit "A" hereto). Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, service contractors shall be required to pay all employees who provide services pursuant to this Contract, the hourly living wage rates based on the following. three (3) year phase-in approach: • Commencing with City fiscal year 2010-11 (October 1, 2010), the hourly living wage rate will be $10.16/hr. with health benefits, and. $11.41/hr without benefits; • Commencing with City fiscal year 2011-92 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and • Commencing with City. fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. CONSULTANT, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE CITY'S LIVING WAGE ORDINANCE, AS AMENDED PURSUANT TO ORDINANCE NO. 2010- 3682 AND, THEREAFTER, AS SAME MAY BE AMENDED FROM TIME TO TIME. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 3 . SECTION 4 FEE 4.1 COST OF SERVICES Consultant agrees to the following hourly billing rates: Position Bill rate effective October 1 2010 Bill rate effective October 1 2011 Bill rate effective October 1 2012 Secreta 1 $16.41 $16.41 $17.03 Secreta II $18.12 $18.12 $18.12 Clerk T ist $16.13 $16.18 $16.99 Clerk I $16.06 $16.16 $16.96 Clerk II $16.13 $16.18. $16.99 Clerk III $1:6.41 $16.41 ~ $17.03 Bookkee erWccountin Clerk Ii $20.58 $20.58 $20.58 Customer Service Re s/Com taint O erator $46.41 $16.41 $17.03 Customer Service Re s/Communication O erator $16.41 $16.41 $17.03 Personal Technician I $21.38 $21.38 $21.38 Car enter $22.76 $22.76 $22.76 Li ht Dut Auto Mechanic $22.70 $22.70 $22.70 Plumber $28.53 $28.53 $28.53 Service Worker $20.19 $20.19 $20.19 A/C Mechanic $22.70 $22.70 $22.70 Painter $20.82 $20.82 $20.82 Procurement S ecialist $21.38 $21.38 $21.38 Trans ortation Assistant 1 $20.00 $20.00- $20.00 Trans ortation Assistant 2 $23.94 $23.94 $23:94 4.2 INVOICING Consultant shall. furnish the following information on its invoices to the City: • Purchase Order Number(s) issued by the City's Procurement Division; • Department and location ,within the City of temporary employee(s) being provided; • Full name of individual (s) .performing the service (s); • Job classification; and. • Number of hours worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. 4 4.3 METHOD OF PAYMENT All payments shall be made for services satisfactorily rendered within thirty (30) days of the date of invoice, in a .manner satisfactory to, and as approved and received by; the City. Consultant shall provide invoices to the City department utilizing the temporary personnel. SECTION 5 TERMINATION, SUSPENSION AND SANCTIONS 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any of the covenants,. agreements, or stipulations material to this Agreement, the City shall thereupon have the right to' terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the .particular terms of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City .may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at ,its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY THE CITY, AS PROVIDED IN .THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY - SERVICES SATISFACTORILY PERFORMED (AS DETERMINED BY THE CITY'S BUILDING DIRECTOR IN HIS DISCRETION) UP TO THE DATE OF TERMINATION. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is .placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the .right and obligations for the parties-shall' be the same as provided for in Section 5.2. 5.4 SANCTIONS In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the .State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the ' ' Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City terminates the Agreement 5 pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees agents, and contractors, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or otherwrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. This indemnification shall survive termination or~expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall not commence any work and or services pursuant to this Agreement + until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the Term the following insurance: 1. Consultant General Liability, in the amount of $1,000,000. 2. Consultant Professional Liability, in the amount of $200,000. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance must be submitted to the City's Risk Manager for approval prior to any work and/or services commencing. These certificates will be kept on file in the Office of the Risk Manager. All. insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for its sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies 6 in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shalt be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party ,with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. Consultant shall specifically bind its officers, employees, agents, and contractors to the provisions of this Section. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount. of $5,000. Accordingly, and notwithstanding any other term. or condition of this Agreement, ..Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $5,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 ATTORNEY'S FEES In the event that any ..party to this Agreement should seek legal or administrative recourse to enforce the terms of this Agreement, the breaching party shall be obligated to pay the prevailing party the reasonable attorney's fees and costs incurred by the prevailing party. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant and at any time during normal business hours (i.e. 9AM - 5PM, Monday through Fridays, excluding nationally recognized [legal] holidays), and as often as the City Manager may,-in his/her reasonable discretion and. judgment, deem necessary, there shall be made available to the City (and/or such representatives as the City Manager may deem to act on the City's behalf) to audit, examine, and/ or inspect, all contracts, invoices, materials, payrolls, records of .personnel, conditions of employment, and any and al( other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business (at the address set forth in the "Notices" section of this Agreement). 10.2 ACCESS TO RECORDS [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFEROR SUBCONSULTING Consultant shall not sub-consult, assign, or transfer any work under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement,. nor any term nor provision hereof or right hereunder, .shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless, approved) shall be void. 1,0.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a} Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection. with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, sexual orientation, gender identity, or physical handicap. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code,. and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, .which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All ,notices and communications in writing required or permitted hereunder,. shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return, receipt requested,. postage prepaid, or by a nationally recognized overnight delivery service; Until changed by notice in writing, all such notices and communications shall be addressed as follows: 8 TO CONSULTANT:. GDKN, CORPORATION 1779 North University, Drive, Suite #102 Pembroke Pines, Florida 33024 Attn: Jay Narang, Vice President 954-985-6650 ext. 21.6 954-985-6652 estengelCc~~gdkn.com TO CITY: City of Miami. Beach Procurement Division 3~d Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director (305) 673-7490 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to .notice. Notice shall .be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 ENTIRE AGREEMENT, AMENDEMENT, SEVERABILITY 12.1' CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein, shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of th'ss Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 1,2.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations,. correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 9 IN WITNESS WHEREOF, the. parties .hereto have caused this Agreement. to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ~ CITY OF MIAMI BEACH, FLORIDA ATTEST: ~' a~~~ By.: _ _ City~Clerk Ma r FOR CONSULTANT: ATTEST: S~ec~retary Print Name v GDKN, CORPORATION President, s ~v~~ ~ Print Name /Title APPROVED AS TO FARM & LANGUAGE & FGN EXECUTION ~~~b y ttorney D to ~,~ ~. 10 . i ,._ _ . EXHIBIT ~4 CIRDCNANCE No. 2t1~a-3s82 AN URDlNAlVCE OF T!-!E M,AYO.R ANC! CITY CUMNlISStUN G?F TliE Gi`TY` C7F MlAtt~f 'BEACH, FLC}C~lDA,. AMENDING Ck{,4PTER 2 C31w T'1-~~ CITY- .CC3DE,. ;ENTITLED,: "A,DMINlS7'R,q?'tplU," BY AMIrN~tN~ Al2T(CI„E 1f! THEf2E.DF ENTITLED, "PRt~GUREMENT"., ~BY ,AMENDING 13IUI5lgItil :~i ENTITLED "`°LI1ltNG VIlAGE REQ11lREMEI+ITS FOF~ SERVICE CLINTRAGTS AND CITY EMPl.f~YEES", SirCTIONS.2-407. '€'HROlJGFI 2-~4'!fl THEREI~t; .AND PRQII.[71NG FURTHER FQR CC}DlFICATft3N; SE'4~ERABiLITY; AND. AN EF~Et~TI1JE DATE. . ld.t}li)!, 'CHEF~EFiDRE BE IT nf~DAlNE'D BY THEN MAY:t3Ft AND CITY CClltillMlSSI4N C3,~`THE C!T`t' CIF INfIANtI SEACH,. FLORt;7A: 'SEC~'ItJN'.1: That Chapter 2;:ArticfelJir Division 6 Secffans 2-4(17 through 2-4'i0, c~::the Code:of the. City cif _, . _ ,Miami Beach, Florida,,°is hereby:amended as follows: D!VlStt3N 6: ~ L!1/l13G .VItAGE 1?Et3tIIF2EMI=NTS F©R ;S;ERVICE C41~ITRACTS ANa CITY EMPL~QYEES Sec.2-407 Deficiitons. City means tha government of Miami Beach .or any authorized :agents- .any board.;. _,_._ , -agancy; cammiss~on, department, or.ottier er~fity thiei-eof, or any successor thereto: Covered employee means anyone employed by tfae city nt ~anj~ seririce contractor; as further defined in;this division, eitherfuli or part time; as.an:empfoyee~;, with=or uiiithout berefifs.e~ Covered. ^employer means the city and arty -and all :service contractors, t~vhether . cflntracting directly or indirectly:with the city; and.subcontractars of a.service:contractor. Healfh .benefits shall,_at a minimum. mean health `insurance coverage which consists of wellness ...and. preventive care includ~nca maternity and that meets the reauiremenfs of a °startdard health .bene#it uian" as defined rn Subsection fi27 6699(12){b)(4) Florida Statutes as . may. be-amended from t-me to.t-me: Service .caertractor is any ~ndiuiduaf, b ~ ; . ,corporation (whether for profit . or not fcr profit), partnership, limited liability company; joint venture,. ar sin other business entity who is conducting business i`n Miami Beach, .one;^-~~ ~^~a n..,. + ,..and who. is sither~eet~ a1. paid in whole ar..park :from one or rnoce of the city`s generaC fund, capital project finds, special revenue funds, qr any other funds ei€#~ar ( ,whether by competitive bid process, informal lids; requests for proposals, some -form of. solicitation, negotiation, or agreement.; or any other decision tc enterinto a contract;,or ~2: €engaged in the business of; ar part af; a contract to provide, or a subcontract `to provide, ,. services, ,ems -for the benefit of the city. However; this does note: :apply to contraets.related prii7tarily`fo the sale of products:or goods. ~~oyered services are the type of services purchased by the city that. are subject to the .requirements of this division which include.the following: ~1 j pity service :contracts. Contracts. invo[.ving the city's: expenditure :of oven $Z OC},ODO.OO per year and which incfude'the following types .of seruices a. Food preparation avid/br ciistributori ti_ >Security services; °c. °cutre .;~a,r;teia Fce ser'vic~s: such as :custodial, .cleaning, ( sai~e;.refuserernovaE, report, refinishing, and recycling; d. Clerical or other non-supervisory office: work, whether temporary . or permariert, ;e: Transportation and parlor#g;senrces f: Pr7rtir7g ono-repraciuction:;services; ;g. :l:andscaping, 1awn, and or-agricultural services;: ancf ?;( }~. Palk and ~itkilic ra "e - rnainteriance. `:( (2) Should :any services included in subsection. 1ta1: - t'h) `that are being performed by city employees at .the time this division. is enacted. be. solicited in the future;by the city to be performed<by,a service contractor, such services shall be.covered services subjectEtc'this division: Sec. 2-408. 'Living ~uvage. . ta) : L~uing v~iage .paid. ( {1) Service cnrrFracfors. ~IIA_ny service contractor , . :entering into a covered services .contract with the city shall pay to ail its employees who provide services covered'bythis-division, a Living-wage otno less than $i11 28 :an haur:with 'health :benefits, :ar a lining wage of not. less than $S:S-1-12:9 an;:hour without health :benefit ., (2) .Phase-inS~€j~--etas: .Effective Ocfober 1. 2090. the (vinci vracre in subsection {aj will be implemented on a ;phase-in basis beginning in the .~8^a--z'~94~201 ~=211'11 city 2 budget year; increasing an an annuaE basis increinentaily so that the is fully ;implemented far sibcovered employees In the 'inn- city .budget. year` wage (b) Ne~lth benefits; eligibility period. 1/or a covered employer arthe city to comply with. ~: the living .wage ~siet~requirements of this diuisian by choosing to pay the lower wage scale aVailatile when a covered employer also provides health benefits, such health .benefits stiatl consisf of payment of at least X1';642 perhaurtoward'the:pravisiart pf.a health benefits.:plan for colleted em.ptoyees'and their dependents. ~;.. If the health .benefits plan af.#t-lea covered einploy.~r -Sid requires an initia.! periar~. of emplayirtent :for a new employee to-be eligibte for health benefits eligibility period} the living wage p~s~isie~requirements of this division sFiail be :deemed ta.: behave been complied with during the eltgtbility periods provided the covered errzjaloyer et--~e-eit~ commences to pay tithe a#iplicable tying waga rate without health benefits: " ,effective as of the date of hire:of the oavered employee:. Upon carripletion of. the eligibility perii~d, and provided the riew employee .will be provided :health'benoft`t$, a covered employer. may camrrience ;to pay the tie , ssatsapolicable living wage rate ivi#h heaith':tienefits, FtQOf of the .provision .af heatth benefits rnusfi be submitted to the a~r~~a~u~ecity's . I :procurement.directar tiaqualify far the wage rate far.emplayees wifh health benefits: '' (G) ;~lllflU~~ Q!?ef} 1r73fQ1~177et1tfE~E.'CtIQ/).C?~$8192~s_ 1f :a r_nirxirari amnlnvaa is 1 ~ ~_-_ _ -_?+~~M Lf~G vi.vu~ocu urrcc~r.~) year yr~aac-r~r Lc3rrrrrinnLrr~U y+trLn crty -~r~scai vear~eu~iu=-r~~ tvetoner i . 2010). the fiUing -wage rate will .be $1 D.18/hr. with health 6eneztts and X611 411hr without benefits commencing with city: fiscal year 2011-12 (October 1 2091) fhe living wane rate will be 510 72%hr with health .benefits: and $.7:2.17 without benefits. and commencing with city fiscal year 2012-13 {t~ctober 1 2. Using the proposed three (3) year phasean pursuant to Seotian 2-408f2), commencing ,with citt~ fisca! Vear 2090-1"i fbctober 1. 201D1. the health t~enefits rate. will be at least ~9 25lhr- commencing wrth city fiscal year 2011-12 OOctober 1, 20111. thehealth benefds rate will be at least s1 4~/hr• and commencing with city fscat year 2042-13 (C3.cfober 1.20121. the health benefits rate will at'least ~1 64/hr T 3 -- eing aai a our v lying wage rate wt health benefits and elects during such period of time for the annual open enrollment period; niay require employees to complete and return a benefits election -form: end, in the event that a covered .employee does not complete and return such election form to the covered employee durinc( the prescribed'time of the annual open enrollment .period then- the covered employer may treat the covered employee as having elected to continue with the health rilan benefiits coverage (then.:in :effect) and. accardinq~ may continue to pay the covered employee the applicable hourly living wage rate with health benefts, {ds) lnriexng. The living wage rate and health of the city commission be ~~E+sa#~ indexed easka E'MSA Consumer Price {ndex fvr all Urban Consumers not to index '.the living wade: rata. in any particular y sound. to iinplemen# sam°~'^ din .a parficular will.may. by resolution lotion using the.Miam{ vcrould not be ( review and :approval of the city`s :annual operating budget. ~esl) Cerf~cation required 6efore.pa~rrient: Any and .a{I dontracts for'ebvered. setv(ces ~a~lmay be voidable; .and no `funds may be released, .urii~s prior to erteriitg any agteemenf :with the>city for a iovered services cantraci, the lsyefservice :contractor certifies to the city that it wip -pay -each of its covered. emp{ogees no less than the .luring wage: described. in section ~-~t08~a}. A .copy of-.this :certificate must. tie made ;available to the pualic upon request. Tl~e certificate,, at a minimum, rriust include the fallowing:: (1 )- The name, .address, and .phone nur~ber of the covered employer, a local contact person, and the specific project far which 4he covered services contract:is sought;. (2) The :amount of the covered services contract, a brief description :af .the project or service provided. and the city department the contract: will serve; i {43} A.statement of :the wage levels for all employees; and {54) A commitment to pay all covered employees Bathe living wage, 'as :defned by section 2-408(.a).:and:includinA, without limitation. any annual .indexes thereto !as provided in section 2-408(d}. 4 •l ,l ~fe) L76servation of ofher laws. !=very covered employee shall be .paid not less than biweekly, and without subsequent deduction or rebate on any accoun>. (except as such payrgll deductions as are directed or permitted by law or by a collective bargaining agrreement}: The covered employer shall ,pay covered employees wage rates in accordance with federal and all afhei• applicable taws such as overtime and similar wage laws. (g~ Posting. A.copy of the most current 1%ving wage rate shalt be kept posted '.by the covered employer's#:the sits af'#he:work in a:prominent place where it can easily be seen and read .by ' ~ the covered employees, and -shall also be supplied to t#ean employee within a reasonable time after a .request to dii .so. Pasting requiremen#s will_ not be. required where `the. covered, employer prints the follov~ring .statements on the'front of fihe covered employee`s first paycheck and every six ~mpnths thereafter; "You are.required by Ci#y of .Miami Beach law to be paid at least $x-.56 ~. dollars ~NC3TE: Covered employer to ittsert applicable [ivrntl wage ratelan hour., if you are not paid this hourly rate; contact your employer, an attorney, or the City :of Miami Beach." All'. no#ices wilLbe. printetl in E':nglisli, :Spanish, aril Create. {h,,,g) Cotleci`r"ve bargaining: Nothing in phis division shat! be read to require or.authorize. any covered employer to reduce .wages. set by a collective bargaining agreement or areas required under ariy prevailing wage law. {i} Tits credit .exemption. l=or a <covered err~-p!©yee who regularly receives tips or gra#uities (hereinafter "tips) as part of tiislher pav a coveted- employer will be exempt -from ;~ajament:af the applicable h. aui-ly livino wade-rate for sucli'emdloyee provided that:the followinct `rectuirenients are met;. ' `2.. The exception shall only apply to covered emmployees who .receive tips as .part of :theircompensatian (i.e, waiters. bartenders hostesses busboys etc`~~ ~LSA; 4.. Ttie covered em~iloyer inay onli<r credit toward,satisfaction of the.:applcable hourly livincr wane requirement.. tips up to the-maximum amount cif the allowable tip credit; and. 5: The covered employee's tips talus direct hourlywage combined must add' up to at least the apri(icable hourly.living wade-rater Nottisrithstandinci anything in :this subsection, tipped oovered etnt7loyees must receive at least`the applicable hourly living wade rate when their direct waoes and tips are combined 5 Sec. 2-4Q9. Irrpiemeritation., (a} Pracrtrement specifications. The fivrtg wage shall be required in the pro. turement ? specifications for alt. covered services contracts :o.ri which bids or proposals st~a~}-beare solicited an ar after the effective.date of this division. The procurement specifications. sha'II include a requicementthatservice :contractors and their subcczrstraCtors agree to produce ail documents end, records relating to payra[t and. compliance with. this, division upari request frarrti the city. Alt covered service contracts awarded subsequen# to the date v+ihen this .division becomes effective, ;shaft be subject to the Yequirernents of this division. A:II procurement st~ec~catians far cit covered services contracts shall- include appropriate information about the requirements of this division. ~s~ 1Vlairrtertanee of payroll records. 'each covered employer shalt maintain .payro(ts for all covered employees-.and basic records relating thereta~ and shall preserve them far a period of three wears ar the::term iifthe covered services contract, whichever is greater. The. records shat( contain: {:1 j The °name :and address of each covered employee;. {2} The. job:fitle and classification; . iii) The nurriber of hours worked each :day; . ;(4} The gross:wages:eamed`and deductions made, . .. ~~) Annual wages paid; ~6) A copy of the social security returns and:eviclence of payment thereof; {7}..A :record of fringe :benefit payments.; _iricluding coritnbuf%ans to approved plans; and ~8) Any Tither rata or infarrratian #t~is. division. shatild requir..e from time to time, '`'~ ~ t~~ Repartirg:;payrotl, Every .six j6Z:,months, the.cavered employer shall fife with the cif 's -procurement director a conip.iete payroll showing the covered etnptoyer`s payroll records fQr'each covered" employee rnrarking on .tfite covered services contract for one payroll period. Upon request from the city, the covered :employer shall produce - its payroll records for arty or ail of its covered employees far<any:periad covered by the covere~# services contract.. The city ,map .examine inst~ect. ancf/or cor~y such '..payroll records as needed to,ensure compliance with the requirement of this division.. :Sec. 2-41.U. Compliance 'and en€arcement. Via} Serutee contractor to cooperate. The service contractor :shall permit the ..city °"'^;.,,.°~° °^{° °^~^{;,,°°-to observe work being performed at, in~ar on the project ~' or matter for which the "' ~ covered services, contract was issued: 'T'he city ~rese,~,taives may examine the :books and records of the service contractor relating to the ~. .employment and payroll to determine. if .the. service contractor is in, ~ampliance inrth the :provisions af`this diyis.ion. (b) Gompfarn:t procedures and sanctions. '('!.) Aa covered employee, or former covered employee: ~riho believes that this division:applies o~-appl+ez~ to hirri car her and that a covered employer, .s~=tk?e^6i#~ is er-was not complying with the requirements of this diyision~ has a right to file` .a--an administrative co.mpiaint -with ttte ~ ^'~~~ city's procurement director.. Any individual or entity may also file a ~~' ainfs 6y employees of alleged violations- shall be made in writing fir°n+rir rif ~+hc-iii+ar ~+n F~nh elf ~ri#~~n.crr~r~Ei~rrco'fnr~~iriira 4in.+}irin ~l-.~r+hn r~'r+:'r 1 ~~~ , ~+ °+,.n he +r~° ,-°~r,°„~:c~,;E.+„ ~+ +The :city's .procurement director shall Rotify the .covered emgioyer named in fihie 'complaint (the "respondenf"), bV providing; the emplo~+.er with a. cope .of the complaint b~certif ed mail or personal delivery.. 1Nifhir; #hirt~t f'~(11 ti;vni^kinrr rlat~c: a:ftar a 'nnnrt Af 'thti i+nmr;l~ir~t hoc hccn ~cnrac! ;answer thereto. if an answer is filed. the answer shall be In writing and contain. 7 this division if the complaint is filed more than one {1) year after the alleged violation pracfice occurred.. ~ . {5)' i# :an .answer is filed, the- procurement director shall oai.ise a copy of the .answer to be served on the complainant. 1f'the respondent elects not to answer the .complaint. #hen the .matter shall proceed fln the evidence in support of the complaint. t~) yynenever a ventied written complaint is flied pursuant to this division the procurement director shat( make. a :prompt :investigation of +^ '^~ all. allegations of violations in connection therewith and forward to the city manager a written summary of the investigation within 3960 days after the complaint is flied. lf~-^~~~ +~^^^ +"^ ^~~-, upon his/her review of the complain. answer (if flied). and iavestigatian~ tFe cit~manaaer determines'.that a violation>pf 'this division has occurred, +tthe city shat}, within #a~thirty working days of:a finding of noncompliance, issue- a ;notice of corrective action, in writing, e#to the respondent. e~leye~ specifying all areas of noncorripliance -and deadlines far resolutions of tie iden#ified violations. A copy of the .city manager's notice of corrective action shall be sent to the complainant and the respondent.by certified mail, return receipt requested, or by hand delivery. ~7~ [f a esporident -fails to comply uvith any ar al! of the resolutions for ,the identified ~riola#ions within the dead]ines provided in the 'na#iceZ-+ssrried, the city rrranager may issue an order. in writing to fhe restondent, by certified mail or hand :delivery, notifying the respondent to appear at an administrative Bearing: before +Th~n amity n,a^ug~; ^-~-~-,~."h ^~+~• ^- -' -~ .ape of the city'.s sitting specie! masters. to be held at a 'time to be fixed in such :order,. A cony of the Girder shalt also be sent to the complainant by certified mail or'hand delivery (a19} The proceedings. shall be recorded and urinates kept by the city. Any. ^ 'respondent. requiring verlaatim rriinutes far judicial review may arrarlge for _ the reprices of a court reporter .at the expense of the .seruise ssaetefrespondent: {~"I 1) ~s-teams#lJpon fhe close .of fhe hearing, the ^;+•, n,ry^°^°r ^. ~"° special master ' sha[I render a decision In writing :determining whether ornot the ~^^~~^^ ^^^+~^^+^ ;espondent is in comp.liance;_ or whether other action should be taken<< or whether the matter should be continued, as the case may be;~ and stating the reasons and, findings of-fact. ,(~7z The city . t ^~+~~ ^~e~=ate shall .send a true and correct copy of #isthe order by certified . mail,, retain receipt requested, or by hand delivery, ta'the respondent and complainant.. 8 ~49:j The ;Bearing :proceedings shall be infarma[, stand shall;afford .the .r~uise #faste~i'espondent-the right `to testify in hislher . ^ own defense; present vrifiesses; be .represented by counsel, subtriit relevant: evidence, cross examine. v~ritnesses~ and.c~fject to evidence. (~1,_3) The si~aage~e-er special _master's~s+Q~ie~'s,findngs sha11 constitute the finai administrative action of the city for purposes cal judicial review under state law: An .aggrieved party..including the' city administration may appeal a wltn Seaton 34-77 ttereot. {~14 if a respondent. fails #o seek timely appellate review of an order of the .' special master^~+~~ m^~^^^~~~ ~^ ~^raQ; or to comply timely with such order,. the-city may: pursue. the enforcement of sanctions set forth in secfion 2=4'l0(e). (c) Prruate :rrgtit of action against colleted :ei7lpla~er: Any covered employee of or former covered employee of a service contractor. may; instead of. but not in addition to...ut~lizing the ei~}F administrative complaint procedures set-#e~1~ in.section Z-410 b.,~#is bring, an action #a enforce the provisions of this division f~y'filing'suit against the covered, employer in any oourt of carnpetent jurisdiction~i a~~-s~esl:s. Upon a finding by .a court of competent jurisdiction that: a covered empfoyei' is ar of w~ losses thed suffered by reason:of pat receiving their wage at the time it v/as due and in order to deter future noncompliance by tt~e covered employer. The applicable statute of limitatiaris for such a claim will be two ,ears,. as provided in €.~Section 9~.1 'l (4}{c), :F[orida Statutes, as same may Eie a.mended'from'tirne to'`tlme, for an actian'fc~r pa~rrrtent of wages. T"° ^^~,~ ^,^„ {mo(d) Sanctions against.service contractors. For violations ctfttiis.dlvisian, the city shall :sanction a service contractor by requiring the service cantracto.c to pay wage restitution at the e~~lt~y~scontractor's :expense for .ea~'fhe affected coyerett employee and may alsoass~es& t-he-€oNe~ingtake the following actions: (1) The ci#y :may impose da[nages,~ " '. #or each week that the covered employee ,was found to have not been paid in accordance uirith this didisian; andlor (2} The city may suspend °Y+~ payment under the covered seivices I, ~ contract andlor terminate the contract with the service. coritractar; .andlor '(3) `The city may declare fhe .el~leseryice contractor ineligible :for future service contracts far up to fhcee~ears or until atl eras-ai;d restitution #avehas been paid in full to the covered employee and all penalties (if.any? paid: to the- city, whichever is longer:: andlor l~ii -,u e,,,ni^„~~ ~ti.,n tia ,_ 9 In order to carnpensate the city fgr the costs .of investigating and . remedying the violation. the city may also order the violating covered employer to pay the city's reasonable -costs (for investiaating and defend"inq the comptairrf and remedying the violationl. Such funds shall be allocated and used to offset ' the costs of implementing and enforcing this division: (e3 Public record of sanctions. RIl such sanctions recommended or imposed shall be a mafter of public record. {f) Sanctions for aiding and abe#ting. The sanctions in section 2-4'i0{cdri shalt also apply to any party or parties aiding and abetting in any violation .of this. division. this division shall raise. a rebuttable presumption of having done so in retaliation for the exercise. of such right j" ¢' " .Allegations cif rrrtaliation or discrimination, if-found true, .shall .result in an order of restitutidn and reinstatement of a discharged covered employee with back pay to the date of the Elting of the complaint with the city, _ {h~ :Enforcement ,powers: if necessary for the enforcernerit of this :division,. the city conimission may issue subpoenas, compel the :attendance and testimony .of witnesses .and ,production of books, papers, records, and documents retating to payroll records necessary for hearing; investigations; . an. d proceedings. In case of dsi~bedience. of the sul~poena;.:fhe 'city` . ~ . attorney may apply:to a:coi~it.of competent jurisdiction for.an order requiring the,attendanceand. testimony of witnesses-and produetionof boo4es, papers, records; and documents, Said court, in. -th.e case of .the refusal to .alaey such subpoena; after notice to the person subpoenaed, and. upon .finding that :the .attendance .or testimony of such witnesses of the production .cal such books, papers, records, and documents ;has the case may bej; is relevant or necessary for such hearings, investigations; or .proceedings, may Issue 'an order requiring the attendance or ~, :testimony of such witnesses . or the production of such .documents, and any violation of the court`s order may be. punishable by fhe court as contempt.thereof. 7:0 {g} FZetaliafion and :cliscrimirtafion barred A covered employer shall no# discharge, reduce the compensation of, :ar otherwise. discriminate or take adverse action against .any covered employee in retaliation for exercising the rights protected under this division including, :without :limitation, making a complaint to the city, ., under {i) Remedies herein nonexclusive. filo remedy-set forth in this division. is intended to be exclusive or a prerequisite for asserting a claim far relief to enforce the rights under this division in. a court :of law; This. division shall not be construed to limit an employee`s right .to bring a common law cause. of action for wrongful termination; provided_ however. that if a complainant SECTION ~: SEVERABIIITY. if .any section, sentence, ciaus~ or phrase~.of this .ordinance is .held :tg be inuaiirl or unconstitutionai by any court .of com. petent jurisdiction, #hen said. holding .shad .in no way affect the validity of the remaining portions of this Ardnance. SEOTI()N 3: CODA=IGATlON. It i5 the intention of the Mayor and :City Commission of the City of Miami Beach, and it is hereby ordained 'that the :provisions cif this ordinance shall tiecome and. be made a :part of tiie rode of.the City<of Miami.Beach, Florida. The sacfions of this ordinance ii~ay be renumbered or reletteredto;accomplish such intention, and the vrord "ordinance" may be`changed to „section", . "article," or other appropriate word. SECTION 4. EFFECTII/E DATE. This ardir~ance shall take effect ten days following adoption. PASSLDand ADOPTER tfils ~ ;clay of 41~~u. , 2~19t1. ATTESTS ;~ ~ ~- IIAAYOFt CITY CLERI{ F~1aStoW~URiRES05-ORDtL'iving i/Uage Ordinance - /amendment ESecond' Reading fi-9~i 0).docx Ft7~RN1 & LANGUR-GE ...,&FC)N EXECLt`~'It~M r ~, ~ b ~ Q ome ate. v 11 - ~RO® .CERTIFICATE OF LIABILITY INS PRODUCER THIS CERTI ('~' ,t ONLY AND I BPS - ISG International HOLDER. TI 204 Cedar Street ALTER THE Cambridge bID 21'613.. Phone: 410-228-6464 Fax:410=22$-'7.645 ~INSURERSAF INSURED ~ - ----~~-~~~~" - - - ~ INSURER A: ' ~ j INSURER B: ) ._...._ ~~ CO ~ INSURER C: rp ~_.-....... _.......... . 1779 North Universt Dr #102 .INSURER D: Pembroke Pines FL 3324 ~ -- ;INSURER E: COVERAGES *"-' !J RAN C L DATE (MM(DD/Y OP ID LC ! ;GDTINC-1 02/26 'KATE tS ISSUED AS A MATTER OF INFORMATION - :ONFERS NO RIGHTS UF?ON THE CERTIFICATE IIS CERTIFICATE DOES NOT AMEND, EXTEND OR COVERAGE AFFORDED BY THE POLICIES BELOW.. f i FORDING iCOVERAGE '; NAIC # great American o _...__... _ ..___. 'f New York f 22136 'ederal~ Insurance COmT~anV 20281 - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT H RES?ECT TO 4VHICH~THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN. THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y FAID GLAItdS. ~ i , ...__....-. ..-...7_--°..°-------- POLICY NUMBER CTR :INSRD ~ TYPE OF INSURANCE ~ _ ICYEFF;=Ct`1VE ;PbLICYEXPIRAYTON - I _.--------- LIMITS ;DATE MM1DDlYYYY ;DATE MMiDDlY1'YY I ! GENERAL LIABILITY - B X X ~ COMMERCIAL GEN-RAL LIABILITY 35914008 ~ I I ~ EACH OCCURRENCE S 1000000 _ ~ ' ~ ^~ 10/19/09 10/1911/10 ; PREMISE~cOCUenCe) 51000000 _ i. ~^ CLAIMS MADE ; ~X 1 OCCUR ~ I MED EXP (An one arson ~ S 10000 X ' _ _ - II ~ PERSONALEADVINJURY S lOOOOOO _ ' I __ ~ ; ~ ( i GENERA ~ AGGREGATE i 5 2000000 GEN'L AGGREGATE LIMI I A~PL1E5 PER !. ~ ~ - ~ ~ ~ PRODUC I S : COMPlOP AGG j S 2000000 -- I IX L POLICY I, j~ ~ LOC ~j ' __ -__ i ~ AUTOMOBILE LIABILITY ~ ; - I ~~ ANY ALTO ' U : I I ' ~I ;1 ~ '-OMEINEOSINGLELIMIT ! S 1 OOq OOO ~ { ~Ea awdenq ~ r ~ ..._ .......... ..._._.._. _ ._-... _. .-----_-.. i --. . I `;, ALL OWNED AUTOS •~ ~ I '~ i .BODILY INJURY , S !SCHEDULED AUTOS ~ ~ ~ ~ ~ (Par person) ~ .~ - $ ! ' X ~ HIRED AUTOS 73559323 ~ ~ ~ ~_...._..... . _..---...._ ..__.--- -5------.-..__.. i 10/19/09 ~ 10/1.91/10 ;BODILY INJURY B iX (NON•owneoAUros ~ 73559323 ? 10/19/09 I 10/19'/10 i (Peracciaenq ' ! ~ i ~ ~~, PROPERTY DAMAGE t ! (Per accidlenq I GARAGE LIABILITY + ~ ~ ' { j i. AUTO ONLY - FJ~ ACCICENT I S I ~ ;ANY AUTO ! ~ ` I' EA. ACC S I ~ OTHER THAN _-__ 1 ~ I i„1 ~ i AUTO ONLY: AGG S I EXCESS f UMBRELLA LUiBIUTY '~ ~ ~ EACHCCCURRENCF ! 5 S 000 _OOO ~ i I B M X X j occuR - I CLAIMSMADE .7.9876783 _ ~ ATE ': s 5,000,000 10/19/09 '' 10/19,/10 aGGREG .. i , L I I S ~ " ; ;DEDUCTIBLE '~ ' j~ .-...._.. I_ ...-. _......_ S°°--.._. ___._.._....,_ X ;RETENTION S j ~~ ~ ~ ~ S ~ WORKERS COMPENSATION _ ! ANDEMPLOYERS' LIABILITY I ~ ~ ! X ~ T~L MITS i ~ ER I Y! N A !ANY PROPRIETOR!PARTNERIEXECUTIV WC5925885 01/11/10 ~ OZ/11 i /11 E.L.EACHACCIDENT S 1000000 OFFICERlMEMBER EXCLUDED? (Mantlatory In NH) ~ ? t ib ', i i ~ ~ E.L DISEASE - EA EMPLOYEE.; S IOOOOOO e under I yes, descr SPECIAL PROVISIONS below ~ ~~ I I ~ I E L. DISEASE -POLICY LIMIT i 5 1 OOOOOO ., . " DTHER ~ _ B ;Staffing E&O ' ; 35914008 ~ 10/19/09 10/191/10 ~ ~ 2,000,000 B Technolo ESO ;35914008 ; 10/19/09-~ 10/19,/l0i i, 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS I, + City of Miami Beach is added as an additiona'1 ts their insured asirespec contract with the insured on the General Liability and Umbrella~policies~- f I` { I 'CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF, THE ABOVE DESCRIBED POtIGIES BE CANCELLED BEFORE THE EXPIRATI01 CITYNiIM DATE THEREOF,ITHE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIDE LEFT, BUT FAILURE TO DO 50 SHALL C1ty Of Miami Beach IMPOSE NO OBLIGATION OR LIABiLIT(OF ANY KIND UPON THE INSURER, ITS AGENT'S OR Procurement Division, 3rd FL REPRESENTATIVES. 1700 Convention Center Drive ALIT O IZE EP E TATIV ', Miami Beach FL 33139 ~,_, Jf ~ ACORD 25 {2009/01) ©1988-200 ACORD CORPORATION. All rights reserved. I The ACORD name and logo are registered marks; of ACORD , i I i 11191P~RTANT !f the certificate holder is an ADDITIONAL INSURED, the policy(ies) rr~ust ire endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ~ ~' -f SUBROGATION IS WAIVED, subject to the terms and conditions ~f the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ~ ~ j DISCLAIMER i This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed th'erean. E I ACORD 25 (2009101)