Loading...
Deanna Enterprises- PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DEANNA ENTERPRISES, INC.D/B/A A1A EMPLOYMENT OF MIAMI FOR TEMPORARY PERSONNEL SERVICE PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 22-09/10 - T is Profe sional Services Agreement ("Agreement") is entered into this day of '~. 201.0, 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 DEANNA ENTERPRISES, INC. D/B/A A1A EMPLOYMENT OF MIAMI, a Florida corporation, whose address is 2125 Biscayne .Boulevard, Suite 205, Miami, .Florida 33137 (Consultant). SECTION 1 DEFINITIONS i 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. 22-09/10 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 Manager: The Risk Mariager of the City,. with offices at 1700 Convention Center Drive,. Third Floor, Miami Beach,. Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023.. 4 1 a f - 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 equ.ipmenf; 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 righf 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. SECTION 2 SCOPE OF SERVICES (SERVICES) Consultant shall provide temporary personnel services, on an "a's 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: 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, e 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 vvho .provide services ' pursuant to this Contract, the hourly living wage rates based on the .following three (3) year ' phase-in approach:. . Commencing with Cify fiscal year 2010-1.1 (October 1, 2010), the hourly living - wage rate will be $10.46/hr. with health benefits, and $11.41/hr without benefits; • Commencing with City fiscal year 2011-12 (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 Secretar 1 $14.34 $14.79 ~ $15.60 Secretar 1t $16:61 - $16.61 $16.61. Clerk T ist $ 13:69 $14:51 $1:5.32 Clerk I ~ $13:62 ~ $14:44 - $15.25 Clerk II $13.76 $14.58 $1.5.38 Clerk ill $15.80 $15.80 $15,80 Bookkee erWccountin Clerk ll $15.28 $1.5.28 $15.Z-1 Customer Service Re s/Com taint O erator - $15.20 $15.20 ~ $15:70 . Customer Service Re s/Communication O erator $15.20 $15.20 - $1!5:70' Personal Technician I $15.86 ~ $15.86 $15.86 Car enter $16.88 - $16.88 $16.88 Service Worker $13.85 $14:66 $.15:47 Painter $15.00 - $15.18' ' $1'5.99 . Procurement S ecialist : $16.61 $16.61 $16.61 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) performingahe 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. 4.3 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. . - 4 SECTLON 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 (1-0) 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 pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 5.2. 5 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 a•II 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 iri equity, which may arise or be alleged to have arisen from the negligent acts, errors,. omissions or _ other wrongful 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. ". Alf 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 in the event that submitted certificates- of insurance- are inadequate to ascertain compliance with required coverage: . 6 SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement_ shall be construed in accordance with the laws of the State of .Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect . to the enforcement of any or all of -the terms or conditions herein, exclusive venue. for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, 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 shalt be made available to the City (and/or such representatives as the City Manager may deem fo 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 all 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). 7 10.2 ACCESS TO RECORDS [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR 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. 10.4 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 shalt 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 erriployed 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 i ' TO CONSULTANT: DEANNA ENTERPRISES, INC. D/B/A A1A EMPLOYMENT OF MIAMI 2125 Biscayne Boulevard, Suite 205 Miami, Florida 33137 Attn: Anita Lawson, Vice President of Operations 305-573-0333 305-573-1895 x alawson(~a 1 aemployment: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 shalt 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 conditioris contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY Jf any term or provision of this Agreement is held invalid or unenforceable, the remainder of this 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. 12.3 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 n t ~ '. tN WITNESS 1MH~RE4P, the parties hereto gave caused this Agrsemerat to hs executed by their appropriate officials, as of the dais first entered above.. FOFd CITY: CITY C1F lilllAMt BE;ACN, FC.ORIDA ` ATTEST: . . ~ t3y: . City Clerk Ma r ft~R CONSULTANT: DEAN-dA ENTERPRISES, (NC. D/BIA . A1A E(6PIPLQYI911ENT 4F MIAPHII ATTEST: ~... Secretary President _ Veldrin D. Freemon, President Print Name. Print Harris /Title . ^^ .y ~, , t` ~,~ = ,~ ~,.,: ,^ i ~ `r : ~ ^„ ,~ ear ~ i ~ '~ p ~. IFC7RM 8c LANGUAGE ~~:..~,_ ~_-.. ESt:F EXECUT1taN ~_..~. u ~ r ~~,~~ Cr-__~:" . d ORDINANCE NO. 2010-3682 AN ORDINANCE OF THE MAYC+R AND CITY COMMISSION OF THE CITY OF ..MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED, "ADMINISTRATI{aN;° BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT"„ BY AMENDING DIVISION 6 'ENTITLED "LIVING- WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY . EMPLOYEES", SECTtON5.2-407 THROUGH 2-410. THEREIN; ` AND PROVIDING. FURTHER FOR CODIFICATION; SEVERABILITY, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND .CITY COMMISSION OF THE CtT'i' OF MIAMI BEACH, FLORIDA: SECTION 1. .That Chapter 2, Article Vl, division 6, ':Sections .2-407 through .2410, of the Code of the City of Miami:Beach, Florida., is hereby amended as follows: DIVISION 6. LIVING WAGE REQUIREMENTS -FOR SERVICE CONTRACTS :AND CITY EMPLOYEES Sec, 2-4Q7..Definitions. City means the government of Miami Beach or any authorized agents, any board, agency, cammission,.department, or other entity thereof, or any successor thereto. :Covered employee means anyone employed by the .city or :any service contractor, as further defined in :this division, either full or part time, as an .employee. with or without benefits of Covered empioyer means the city and any and .all service .contractors, whether contracting directly or indirectly with the city, and'subcontractors of a service contractor. Health .benefits shall. at a minimum: mean health insurance coverage which consis#s of Service .contractor is any individual, ~+s+srd-~-; corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or si~+i~rother business e" ntity who is conducting business in .Miami .Beach, , .and who' is eitherr~aeete a=1. ?paid in whole or .part :from one or more of the city's general fund, capital pro}ect finds, special revenue funds, "or any other funds ei#~iar i. ( ~ ,whether by competitive- bid process, informal bids; . requests for proposals, some form of ,.solicitation, negotiation, or ~. ~ agreement, or any other decision to enter-into. a contract; or b-2. €engaged in the business of, or part of; a contract to .provide, or a subcontract to provide, ,services, e+t~ef d+~,t~-i~a~ir~tly for. the benefit of the city. However, this does, not apply to contracts related primarily`to the sale of products or goods. Covered services are the type of services purchased by the city that are subject to the requirements of this division which include the following:. (T} City service :contracts. Contracts involving the .city's. expenditure of .over $1 00;000.00 per year and which include the following types of services: a.Food preparation andlor distribution; b. 'Security services; . ~- -c. '.Routine maintenance services such as -custodial, cleaning . ,(~ sea; refuse remoual, repair, refinishing, and recycling; d. Clerical or other non-supervisory .office. work, whether temporary ar :permanent.; . e. Transportation and parking services; f.. Printing and reproduction sevcices; - g. Landscaping, lawn, and. iar agricultural .services; and ( h. Park and public base rp otaerty maintenance. ( ~2) Should any services included in subsection 1(a) - (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 subject to #his .division. . Sec. 2-4t}8. 'Living wage. , (a} Living usage paid. (1} Service contractors. AllAny service contractor , entering into a covered services contract with the city shall pay to all .its employees .who :provide services covered by this division, ?a living wage of no less than $~:aC11.28 an hour with. health .benefits, or a living wage of .not less than $9:-~-'12.92 an hour without'health .benefits, t2} Phase-in~~lsyees. .Effective t7ctober 1, 20.10, the living wane in subsection__(a) will be implemented on a phase-in basis beginning in the 289T-~=2Q10-2011 city 2 budget year, increasing an an annual basis incrementally sa that the living wage is fully implemented far covered employees in the ~98;~--_28842012-2013 city budget year'- . {bj Health benefits; eligibility period. 1=or a covered ernplayer ar the city to comply with the living wage pisiaereauirements of this divisian by choosing to pay the lower wage scale adaiiable when a cavered employer also provides health benefits, such .health benefits shall f consist af:payment of at least $~--2a164z-..perhourtaward the provi~ian.af a health benefits plan far.cavered employees and their dependents. ~ 1f the 'health benefits plan of #-hea cavered employer er-t~ia-s+t~} requires an initial period of employment for a new employee `to be eligible far.health benefits {eligibility ,period) the living wage p~~tisir~requirements of .this divisian shall be deemed to behave been complied. with during the- eligibility period, provided the covered employer er ti"ia-sib commences to pay tithe applicable living wage rate without health benefits , .effective as of the date of hire of the cavered employee: Upon completion of the eligibility period,. and ..provided the 'new employee will be provided health benefiits, a covered employer may cammence'ta pay the . ssaleapbiicable~living wage ra#e with health benefits. Rcpof of the provision of health benefits must be submitted to the award-a+~t#~er~+t~citv's procurement director to qualify-for the wage rate far employees with health benefits. (c3 Annual Open ~nrollrnent/Election of Benefits: if .a .cavered employee is said the.:houriv living wage rate with healthbenefits and elects. during such period of time etriplayer :permits. its employees an opportunity to change (heir health benefits elan coverage hereinafter such election eriod shall be referred to as the "annual a en enrollment eriad" to no ioncter continue receivincl coverage under the :employer's health benefits .plan, then -- Using the proposed three t3} year phase-in, commencing with city fiscal year 2010-11 (October 1 2010 ; the livin wa a rate will be 10.16/hr. with health benefits, and 11.41/ttr without benefits commencing with city fiscal year2011-12 {Oc#ober 1, 2011}Lthe.liyinq wade rate will be $10.721hr with health .benefits. and 12.17 without benefits and commencin with cit fiscal .ear 2012-13 October 1 '2012}, the liVing wage rate will be $11.28/hr with health benefits,. and~12.92/hr without benefits: 2 Using the .proposed three (3} year phase-in pursuant to Section .2-40$(2}, commencing with cih,~ fiscal year 2010-11 (October 5, 2010, the- health tenefts rate will be at least ~1.25lhr; commencing with -city fiscal veer 2..011-42 October 1, 2011~,.the health benefits rate will be at least $1.45/hr, and commencing with cityfiscal year 2012-13 {.October 1, 2012), the health benefits rate will at least ~1.64/hr. 3 .cavered employer may, in its reasonable iudament and discretion, determine the length of time for the annual open enrollmen# ,~eriod• mav require employees to complete and return a benefits election form; and, in the event that a covered employee does not complete and return such election form to the covered emgloyee during the prescribed time of the annual open enrollment period. then the covered employer .mav treat the covered employee as having elected to ,continue with the health plan benefits coverage (then in effect) and accordingly mav continue to a the covered em la ee the a ficable hour) livin wa e rate with health benefits. {dc) Indexing. The living wage rate and health. care benefits rate u~iftmaY, by resolution of the city commission be aratiea~ indexed, eat-~ea~annually for in#lation -using the Miami _ PMSA Consumer Price Index far al# Urban Consumers (CP1-U) MiamilFt. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%~; nor shall an I ca urir~t~r~ser~G~a t~,e. ur~ciassmea~ cozy employees. r ne crTV commissron mav also y resolutron elect net to index the Irving wage rate in any particular year if it determines it would net be .fiscally sound to implement samet~e=~~l-L~l ,din a particular year;). The determination to index {or :not index the liviri wa a rate shall be considered annual) Burin the cit commission's review :and approval of the city°s annual operating budget. In the event that the city commission has determined, in env particular fiscal year (or to net index the livin wa e .rate .and fhereafter determines. that makin u all or an the__prior year's (ar years') unindexed percentaoe would net have an adverse fiscal impact upon the Citv, then the city commission shall .also have the riaht_ but Writ the nhiic~atinn to_cumulatively index the living wage rate to "make-.up° for env deficiencies in the prior year (ar ears where there.-was : were. no increase s -the "catch a "election:. The '"catch-u "election must be approved by .resolution; and may .only be considered during the city- commission's. review and approve! of the city's annual operating budget. fed) Cert~cation required .before payment. Any' and ail contracts for covered services s~llmay be uoidable, and ho funds may be ,released., unless prior .ta ~nterirEg -any agreement _ ; wifh the city-for a covered. services :contract, the ele+}efserrice contractor certifies to the city that it will pay each of .its covered employees no less than the living wage described in section 2-4U8(a}. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, rriust include the following: (1) The name, address, and phone number of the .covered employer, a local contact person, and the specific projectfarwhich the covered services contract is sought; (2) The amount of the covered services contract, a brief description of the .project or service provided. and the city department the contract will serve; . '~ ; {43) A .statement of the wage :levels for all employees; .and {54) A commitment to pay .all covered employees athe living. wage, as .defined by section 2-408{a). and 'including, without .limitation, env annual indexes thereto (as provided in section 2-4fl8(d). 4 Vie} t?bservation of -other laws. Every covered employee shall be paid not less. than biweekly, and without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement}. The covered employer shat! -pay covered employees wage rates in accordance with federal and .all other applicable laws such as overtime and similar wage laws. (g~ Posting. A copy of the mast current.living wage rate shall be kept posted by the covered employer a# the site of the wank fn a prominent .place where it can easily be seen and read by the covered erriplayees,, and shall also be supplied to t#ean employee v~rithin a reasonable time after a request to da,so. Posting requirements will oat be required where ".the covered employer prints the following statements on the front of the covered ernplayee's first paycheck and every .six ~rnonths thereafter: "You are required by City of Miami Beach law to be paid at least $€~~ dollars NCiTE. Covered em to er to insert a Gcabte tivin wa a -rate an haur. [f .you are not paid this .hourly rate, contact your employer, an attorney, or the City of 'Miami Beach.." A[I notices will be printed in English, Spanish, and :Creole. (hg} Collective bargaining, Nothing in this division shall be read to require ar authorize any covered employer to reduce -wages .set by a collective bargaining agreement ar areas .required .under any prevailing wage law. {i) Tip credit. exemption. Eor a covered employee who regularly receives tips or ...gratuities (hereinafter "tipsn) as part of his/her pay, a covered emalover will be exempt from Pe_Y_r??~nt-af the~plicable_haurly living wage rate for such employee provided thaf the follawina repuirernents are met: 1. .in order to qualify far the-excecatian, the covered em~alover must claim a °tiP credit" under the federal Fair Collor Standards Act tFLSA), 2. The exception shall only apply to covered employees "wrha receive .tips as art of their com ensatfan [:e. waiters, bartenders hostesses busby s. etc. 3. The covered em to er shall be solel res onsible for assurin that elf ti ed covered em~loyees meet the elittibility requirements far the tip credit under the ELSA; 4. The covered em to er ma onl credit toward satisfaction of the a licable hourly lving_wage requirement, tips up_to the maximum amount of the allowable tip credit and 5. The covered em to ee's ti s" lus direct haur) .wa a combined must add u to at least the applicable hourly living wane rate. Natwithstanding ariythinq in :this subsection, .tipped covered employees -must :receive at least'the a livable haur) livin wa a rate when their direct wa es and ti s .are:combined. 5 I .Sec. 2-409. Implementatir~n. (a} .Procurement specifications. The living wage shall be required in the procurement specifications. for all, ~ covered services contracts on which bids a~ proposals s#a4t--Beare solicited on or after the effective :date of this division. The procurement. specifications shall include a requirement that service contractors and their .subcontractors agree to produce all documents and records relating to payroll ar3d compliance. with this division upon request from the city. All covered service .contracts awarded subsequent to the date when this division becomes effective, ~shail be subject to the requiremertts.of this division. All rrocurement ,~ specifications for city .covered services contracts ' shall include appropriate information about the requirements of-this division. (sb) Maintenance of payroll records. Each covered employer shall maintain .payrolls for all. covered employees and basic records relating thereta~'and shall preserve them for a period of three ,(3Zyears or the term of the covered services contract, whichever is greater. The recards shall contain: ' . {1} The name andaddress of.each covered employee; (2) The jab title--and classification; - {3} The number of hours-worked each :day; (4} The gross wages earned and deductions .made; . (5} Annual wages .paid; {6} A copy of the social security returns and:evidence of payment thereof; {7} A record of fringe benefit payments including contriiauticins to approved . ;plans; and (8} .Any other data oranforrnation this division should require from .time to time. .(dc) Reporting payroll: :Every .six ,, 6,~manths, the covered .employer shall file with the citY,S procurement director a complete payroll showing the covered employer's payroll records for each cavered employee working on the cavered services contact for one payroll period. Upon request from the city, the covered employer shall produce #ar -its payroll records for :any. or all of its .covered :employees for any .period cavered by the covered services contract. The city may examine, inspect, and/ar copy such ,payroll records as needed to ensure compliance with the requirement af.this division. :Sec. 2-410. Compliance ancf enforcement. (aj Service .contractor to cooperate. The service contractor .shall p~rrnit the city to observe work being perfprmed at, inLor on the project ar matter far which the covered services contract was issued. The city may examine the books' and records of the service contractor relating to the 5 .employment and :payroll to determine if the service contractor is in corripliance with the provisions of this :division.. ~ ` (b) Coc»pJaint procedures and sanctir~ns. ~ . (1) Aa 'covered employee, or former covered empldvee, who believes that this . division applies e~ appl+ed to him or her and thaf a covered em,~loyer, er-t~~ is ~ ;not complying with the requirements of this division,, has a right to file a--an administrative complaint with the pr~~s:'~~~ ~ire~e~-a#~#~e city's Erocuremerit director. Any individual ar entity may also file a complaint with the :procurement director of ~ the city on behalf of covered emoiovee for"irivestiaation by the city. f2~ Complaints by ~emplayees. of alleged ..viola#ians shall be made in writin The complaint .based: and suc of er Sri ormation as may be required by the city,,,,,,,,,,,,,,,,,_,,, may be filed by ..personal delivery..ordinary mail, or certified mail, ,addressed to the city's procurement director (_~} The city's procurement director shall notify the .covered employer named in the cornpla~nt tthe "respondent"), by providing. the employer with a copy of the complaint by .certified mail or personal deliver+l. Within thirty f30) working days after a copy of the complaint has been served u on the res ondent b the rocurement director the res `ondent ma file an answer thereto. if an,answer is :fled, the answer shall be in writing and contain.. at a minimum., a separate and specific response to each and every particular of the complaint, or a denial of any knowledge or information thereof, sufficient to form a belief. An alle ation of the corn faint which is not denied shall be .deemed admitted. " (.5) if an .answer is filed, the .procurement director shall cause a copy of the ansuver to be served on the:compiainant. 'If the respondent elects not to answer the complaint, then the' matter shall proceed on the evidence in support of the complaint. 7 violation practice occurred: (3) The complaint shall be .signed by the person making the complaint (hereinafter, the "complainant"} -and, if the complainant is not the covered ~6) Whenever a verified written complaint is filed pursuant to this division .the procurement director shall make a prompt investigation of to-i~ alt allegations of violatians in connection therewith and forward to the .city manager a written summa of the investi anon e1=#i~is~r~ within 3960 days after the complaint is filed. lf, ~ ., upon his/her review of the complaint. answer_(if filed), and investigation, the cit. mans er determines that,a violation of this division has occurred, +tthe city shall, within te~athlrkv ,{3~working days of a finding of noncompliance, issue a notice of corrective action, in .writing, efto the respondent, ea~leyer specifying ..all areas of noncompliance and deadlines far resolutions of the identified violations. A copy of the city manager's notice of carree#ive action shall be sent to. the complainant and the respondenfi by certified mail, return receir~t requested, ar by hand delivery. ~7~ if a respondent fails to comply with .any or all of the resolution_s__ far_ the identified. violations, within. the deadlines arovided in the noticei-ice, the city manager ,may issue an order: in writing,, to the respondent,. by certified mail or hand .delivery, hatifying the respondent to .appear at an administrafive hearing- before one of :the city's sitting special :masters, to be held at a ;time to be fixed in such order, ' . A cagy of the ardershall also be.sent to the corn lainant b certified mail or hand_delive , 8 The cit mana er shall ,also rovide a written re ort to the cit. {a1_0} The proceedings shall be :recorded and :minutes kept by fhe city. Any res ondent requiring verbatim minutes for judicial .review may . arrange for -the .services of a court reporter at the expense of fhe se~ice ea+~t-~.re s p o n d e nt. (~1~,,,1) . ~'~+t~+n-tey~s-~fl)pon the close of the hearing, the special master ' ~ ..shall render a decision in .writing determining whether ornot the resoondent is in compliance;; ar 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. {~12} The city ttae-city--sts~~ shall :send a true and correct copy of #+sthe order by certified . mail, .return receipt requested, or by hand delivery, to the respondent and complainant. 8 (49) 'The hearinca .proceedings shall be informal, ahd shah .afford the ~eaf+ae seatraste¢respondent :.the right-to .testify in his/her: awn defense, present witnesses, be represented by caurisel, submit relevant evidence,.. cross examine witnesses1 and:objectto evidence. . ($1r3) The ~t~-ma•~s•~ ~eaial master'sd~~aae's fir#dings shall constitute the final administrative action ofi the city for purposes of judicial review under state law. An aggrieved party. including the city administration, may appeal a final administrative order of a~ special master to the circui# court. in accordance ~ with Section 30-77 hereafi. {914) if a' respondent fails to seep timely appellate review of an order of the special master ' , or to comply timely with such order,. the city may pursue the enforcement of sanctions set forth in section 2-410(c). (c) Pruafe right of action against covered em la er. Any covered employee e# ar farmer covered employee of a service. contractor may, instead of, but no# in addition to, utilizing the si~y administrative complaint procedures sr~~ in section 2-410 b bring an action to enforce the provisions of this. .division by .filing suit against the covered employer in any court of competent jurisdiction-#~ 1 afnd~s. U on a frndin b a court of com etent ~urisdictiori that a covered em is er unlawfully withheld wages under this division, such covered .employee shall be entitled to an award of unpaid or underpaid wages,,,_to reasonable costs. and attorneys fees and. in addition `to liquidated damages in a sum -squat to :twice the amount of wages the covered empio~er is found to heve ;unlawful) withheld in order to com ensate the covered em io ee for the economic lasses they saffered by teason of not receiVinc~their wage at the time it was due and in order to . deter future noncompliance by the covered employer. 'The applicable statute of limitations for . such a claim will be two ~earsl as;provided in ~-Section 95.11(4}~c), Florida .statutes, as same ma be amended from time to time for an action for payment of wages: T'^° ^^I,-- ^~.,1, C 1f d AM~r !+~ ~t+ ~ Itf1!^~ ~/y '{^f ^JItGS ~11~~']'}LS /*I ~~1 ~[~ /'~~a'tl ~"IhM ' iTG~71VG C'GI1.1[I aCliVf Ip .10011fl. [O IILi9G OlpiQ[GQ .CI iIO O[41Q1411. ( {~)(d) Sanctions against service contractors. For violations of this division, the city shall sanction a service contractor by requiring the .service contractor to pay wage restitution at the eescontractor's .expense for .ems the .affected covered .employee and may alsaac~s tae-iswi~gtake the following .actions: (1) The .city -may impose damages " _ for . each week that the covered 'employee was found to have not been paid in accordance with this division; andfor (2) The city may suspend ~inate payment under :the covered services contract and/or terminate the contract with :the service contractor; and/or ~3) The city may declare the e~service contractor ineligible for future service contracts for ~p-„toythree ,years or until atl alties-cad restitution ~#~ehas been paid-in fiuil ~to the covered employee and all penalties {if any)paid to the city, whichever is longer.-; andlor , 9 J In order__t_a _campensate the city .for the costs of investigating and ' remedying the violation, the city may also order the vialatioq covered employer to pay the city's reasonable costs (for.investigating arid defending the complaint and remed in the violation . Such funds shall be allocated .and used to offset the costs of implerrrentinp and enforcing this division; (e.) Public, record of sanctions: All .such sanctions recommended or imposedshall be a matter of public record. . (f) Sanctions far aiding and abetting. Tlie sanctions in section 2-41 Q(cd~ shall also apply to -any party or parties aiding and abetting in any violation of this division. (g) Retaiiation and discrimination barred. A covered employer shall not discharge, reduce the compensation af, or otherwise discriminate or take .adverse action against any covered employee in retaGatian for exercising the rights protected under this division including, without limitation, making a complaint to the city, under ~ ' this division,; _4r .informing any person about any party's alleged non-compliance with this " division; or informing any person of his or her potential rights under this division and to assist hirn/her in asserting such rights. Protections under this subsection {ra) shall apply to any person uti+ho mistakeni but in ood faith alle es non-cam liance with this division. Takin adverse ofi such right . Allegations of retaliation ar discrimination, if found truei shall result in an order of restitution and reinstatement of a discharged, covered .employee with back .pay to the date of the 'filing of the complaint with the city {h) :Enforcement powers: If necessary "for the enforcement of this division, the city commission may -issue subpoenas, c©mpel the attendance and testimony of witnesses -and production of books, papers, records, and documents relating to payral! retards necessary for hearing, investigations; and proceedings. In case of disobedience of :the subpoena, the city attorney may apply to a court of competent jurisdiction :tor an order requiring the attendance and testimony of witnesses and production of books., papers, records, and documents. Said court, in -the case of the refusal to obey such subpoena, after notice to the person subpoenaed, and upon finding that the .attendance or testimony ofi such witnesses of the production of such .books, papers, records, and documents; jas the case may be,); is relevant or necessary far such hearings, investigations, or proceedings, may issue an order requiring the attendance or. testimony of .such witnesses or the prodaction of such .documents, and any violation of the court's order may be punishable. by the court as contempt thereof. (i) Remedies herein nonexclus+ve. No remedy set forth in this division is.intended to:be . exclusive or a prerequisite far asserting a claim for reliefta enforce the rights under this division in a. court ~of law. This division shall not be construed to limit an err~ployee's right to bring .a ` common .law cause of action for wrongful termination; provided. however. that if a complainant has previously initiated. or initiates., a civil action in a caurt:af competent. jurisdiction allegjng a violation of this division or other matter. with respect to the same grievance which is the subject of an :administrative Complaint pursuant to this division, then the administrative complaint shall not be or shall no longer be. as the case may be) within ttie jurisdiction of the city under the administrative complaint procedures established herein. 10 SECTIC7N 2. SEVERABILITY. ` !f any section, sentence, clause or phrase of this ordinance is held, to be invalid or unconstitutional by any court of competent jurisdiction, then said hoiding shah in no :way affect the validity of the remaining portions of this ordinance: SECTICtN 3. CODIFICATION. It is the intention of the Mayor and :City Commission of the City of Miami Beach, and it is .hereby ordained that the :provisions of this ordinance shall become and be made a part_of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accornpiish such intention, and the word "ordinance" may be changed to "section", "articie,'` ar other appropriate word. f SECTION d. EFFECTIVE DATE. ` This Ordinance shall take effect ten days following adoption. PASSER and ADOPTED this tai day of ~~~ ,'2410. ATTEST: `` ~~, °~ ' ~ MAYQR CITY CLERK , . f:\attoWGUR\RESOS-flRDlLving Wage Qrdinance -Amendment (Second Reading 6-9-10).docx APPFiUVED AS TC~ FURM & LANGUAGE - 8~ Ft~N:EXECUTICIN FF,' '" orne ate ~.___-.. 11 ACORD INSURANCE CERTIFICATE OF LIABILITY °io;""B;ZOio' M . 297FLBZB PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION [tsx Transfer'HOldings ~ ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE 219 East Livingston street HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Orlando, EL 32601 1 9363 8 O ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - PH NE.: 66-58 _ INSURERS AFFORDING COVERAGE NAIC # INSURED ~ ~ i INSURER A:American International Group Co. (AIG) - Deanna Enterprises; Inc. dba AlA Employment of Miam -2125 Bisc Blvd -. INSURERB:National Union Fire Insurance - Suite 205 ~ -FL 33137 Mi mi ~ - INSURER C: ~ ' a ,. INSURERD: INSURERS Cfl\/FRAI:GR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR .MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5 LTR DD NSR ~ TYPE OF INSURANCE _ _ POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MMIDD/VY -- LIMITS B GENERAL LIABILITY _ SSL9257553 _ 04/Ol/.2010 -04/Ol/2011.~ EACH OCCURRENCE $ 1, 000, 000 - - .X COMMERCIAL GENERAL LIABILITY ~ -PREMISES Eaoccurence ~$ 100,000 CLAIMS MADE ~ OCCUR .' MED EXP'(Any one person) $ 5, 000. ~ ~ .PERSONAL & ADV INJURY $ - 1, 000, 000 GENERAL AGGREGATE $ 2,000,000' GEN'L:AGGREGATELIMITAPPLIESPER: - ~ PRODUCTS-COMP/OPAGG $ 1,000,000 X POLICY PRO- LOC . 'B AUT OMOBILE LIABILITY SSL4257553 04/01/2010 04/01/2011 COMBINED SINGLE LIMIT ANY AUTO ~ ~ ~ (Ea accident) $ 1,000,000 ~ALLOWNEDAUTOS. SCHEDULED AUTOS ~ ~ - BODILY~INJURY (Per person) $ - X X HIRED AUTOS - .. NON-OWNED AUTOS ~ / 1 'n /N/ //r'~ ~/ )~ , ~ - BODILY INJURY (Per accdent) $ I // / / ~ ~ V ~ PROPERTY DAMAGE - CCC.••/// ` (Per accident) $ , GARAGE LIABILITY ~ AUTO ONLY - EA ACCIDENT $ - ~~ ANY AUTO - ~ - OTHER TNAN EA ACC ~$ - AUTO ONLY: AGG '$ . ~, ~ EXCESSIUMBRELLA LIABILITY - ~ ~ EACH OCCURRENCE ~ $ OCCUR ~ CLAIMS MADE ~ ~ AGGREGATE ~ $ , $ DEDUCTIBLE - ~ ~ ~ - $ ' RETENTION $ _ ~ - ~ $ A' WORKERS COMPENSATION AND OOS319331_ 04/30/2010 04/30/2011 ~ ~X~ .WC STATU- OTH- TORYLIMITS E EMPLOYERS'LIABILIiY ~ E.L. EACHACGDENT $ - 1, 000, 000' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? E.LDISEASE-EAEMPLOYEE $ 1,000,000 - If yes, describe under SPECIAL PROVISIONSbelow ~ ' ~ E:L.DISEASE-POLICY LIMIT $ 1, 000, 000 B ,OTHER FIDELITY/CRIME 01449723f3 '04/O1/2010 04/O1/2.OT1 Employee. Dishonesty 100,000 DESCRIPTION OF OPERATIONS LLOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS - *lO,Day cancellation for non-payment of. premium. City of Miami Beach are included as ah additional insured with respects to the general liability. CERTIFICATE HOLDER rnnlrFl I ATInN - - ~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION . ~ - - DATE THEREOF,THE ISSUING INSURER WILL~ENDEAVORTOMAIL IO DAYS WRITTEN NOTICE TO ' ~ THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO - - OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER, ITS AGENTS OR ~ .REPRESENTATIVES. City of Miami Beach Attn: Procurement Division ~ - - ' ^1700 Miami Convention Cent'er'Drve Beach, FL 33T39 - AUTHORIZED REPRESENTATIVE ~"' ' • Page 1 of 1 ACORD 25 (2009/08) v rt~,vrcu yvrcrvrv+r rvrv r aoo