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Juristaff, Inc.' PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JURISTAFF, INC. FOR TEMPORARY PERSONNEL SERVICE PURSUANT TO REQUEST FOR PROPOSAL {RFP) NO. 22-09/10 'This .Professional. Services Agreement ("Agreement") is entered into this /~7~ day of ~,t~s'z~iZ 2010, 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 ' JURISTAFF, INC., a Pennsylvania corporation, whose address is 1600 Market Street, 38tH Floor, Philadelphia, PA 19103 (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. 22-09/10 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 Manager of the City, with offices of 1700 Convention Center Drive, .Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES (SERVICES) Consultant shall. providetemporary 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 O,ne-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 shalt 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 c 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 2011-12 (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 Secreta 1 $16.54 $17.36 $18.17 Secreta II $16.89 $17.71 $18.51 Clerk T ist $16.49 $17.31 $18.12 Clerk I $16.29 $17.11 $17.92 Clerk II $16.63 $17.45 $18.25 Clerk III $16.85 $17.66 $18.47 Bookkee er~Accountin Clerk'll $19.80 $19.80 $19.80 Customer Service Re s/Com taint O erator $16.85 $17.66 $18.47 Customer Service Re s/Communication O erator $16.54 $17.36 $18.17 Personal Technician I $19.60 $19.60 ...$19.60 Car enter $24.00 $24.00 $24.00 Li ht Dut Auto Mechanic $30.00 $30.00 $30.00 Plumber $30.00 $30.00 $30.00 Service Worker $19.00 $19.00 $19.31 A/C Mechanic $27.00. $27.00 $27.00 Painter $24.00 $24.00 .$24.00 Procurement S ecialist $22.85 $22.85 $22.85 Trans ortation Assistant 1 $19.80 $19.80 $19.80 Trans ortation Assistant 2 $22:80 $22.80 $22.80 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) beirig provided; • Fult 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- ofsuch 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 cancellations. 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 6.9 '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 iaw or in 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. 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 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. z 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 all other documents and/or records relating to all. matters covered 7 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, 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. 1-0.5 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 bemailed 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: JURISTAFF, INC. 1600 Market Street 38th Floor Philadelphia, PA 19103 Attn: Brian M. Perero, Manager 215-751-9100 ext. 305 1-877-751-9388 bperero ,juristaff.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 1'2.1 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 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 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: By: City Clerk ay r FOR CONSULTANT: ATTEST: Y Secretfa-ry ff ~V~VI S~~^n~ALhQ~ Print Name JURISTAFF, INC. ~--~- d- G~C~ APPROVEd AS TO FORM & LANGUAGE & F~'lhi E ELUTION ' r,_ .... - f ~~ ~,,. ~ ~ (b ~ ( ~ sty' A ney Date 1-0 Print Name /Title QRDEN~,NCE N~. 201;i~-3682 AN ORfatNANCE bF THE MAYOR ANL3 CiT1' COMNiISSIUN C>E THE. i~ITY' 4F MtAEt13t 'BEA. ~H, FLClRiDA, ,AMEiVDlNG CHAPTE~t 2 C'3E TIDE CITY COC?E,. ENTtTLED, "ADMIt+ItSTRATi{aN;" BY AiVIEi'3DIN~ ARTIC[..E'VI THEREOF ENTFTLED, "F1~~77CUREMENT"., :B'Y' ANtE1~DlNG I~IVISIOttiI. '6 ENTtTLEd 'ul_IVING 1tVtAGE E2EQLJIREMENTS Ft3Ft $ERVI:CE CC1:I~TRAGT'S AND CITY . EMPLE?YEES", SECTiON8.2~407 THRQUGH 2=~1fJ TF{EREI~; .AND PR(31/IDNG FARTHER FQR Gr~DiF1GATIO.N, SE1lERiAE~1F~iTY, A.ND. AIV EFFECTIVE 1~ATE. iVU{r~/; TNEREFC?RE BE i7 t)RDAINE'L3 BX THE: MAYOR AND CITY Ct;'3~MtSSIQN +C3.F' THE: CiTY'OF t~i11AMl. ~EACfi, FLtOlR1L1A: SECTiIUN' 7: . That Chapter 2;.Articfe Ili, IJivisia,n fi:, :Seci<ions.2-407 through 2-410, ofi:the .Cac3~.c~f t~,e, City of Miami Beach, FCarida,, is hereby:amendec! as fcillows: DIVISION 6. LiViN6 Vf~tAOE REQEJIREM.ENTS FaR SERVI:!GE Ct~~tTRI~CTS Ai'dCl, .CITY EIUIPLt7YEES - Sec. ?-4(l7. Def tliti`OIIS. „ City means the government of (Vliarn~ Beach ar any authorized ,:agents; .any board., - - agency, cammiss~on, departrr~ent, or other erSfity.thereof; oi~ any successor `thereto: Covered employee means 'anyone employed by tfae city ar any seririce;cantractor; as further defined -in this division,; ~:ither full _or part time, as.an .employee, with or viiifhout..bertefifis :e~ Covered: °employermsans the city and arty -and all service: contractors, whether eoritracting directly or indirectlywitil the city; and subcontractors afa.service contractor. - ~1. ~~?aid.in whale ar..part from one or mare of the city's genera[ fund; capital project finds, .specie{ revenue funds,, :ar any ether funds e Service contractor is any rnd~vidual, h"~ ~r^~ ^^}+«~ corporation .(whether for profit or not far profit), partnership, limited liability company, joint venture, or sii~a€other business entity who is conducting business in Ivliami Beach, - , .anci who is eithar~2ets r whe#her by coi~petifive bid process, infaCrrtal bids; requests for .prciposals, some farm of. salicifation, negotiation, or agreement; or anp .other decision to enter into a contract; or ~Z: €engaged in'tfe business of; ar part of; a contract to provide, o~ a s~lbcor#tract `to provide, ~ ,services, e :for the benefit :of the city. However; #his does not. ` apply to contacts related primarilyto the sale df products or goods. ~overetl seruiees are the type of services purchased by the .city that, are subject.to the requirements of this division-i!~itich include.,the follc~v~ng:: ~~} Gity :service contracts. Contracts involving the city's: expenditure of :over $10(t;iaDO.AO per year and which .incfude'the fallowing types .af services: a. Food, preparation grid/or distribution„•' :b.~ >Security services,. v. :~vuiin~ ~m~4nte,~a~zce. SG~;vicS. ..SUCh as :CUStQdlal,~ .~clear1.'rng~ se~~;: refuse rernovaE, repair, refinishing, and recycling; d_ 'Clerical or other rion-:supecvisory:affice work; whether temporary, .or :permanent, e: Transportation and parking services; f,. Prritirrg and reproduction:;services;.. g. Landscaping, .lawn, and. or-agricultural services;: anc( f h. Park and.put?iic ~ ra "e ` maintenance, ':( i2} Should .any services tricluded in subsection 9fa3 - (h) 'that are being performed by :city employees at the tirrie this division is enacted be. sgliciteci in tine future.;l~y the city to be.performed by:a service contractor, such senices:shall iae .covered services subject to this division: Sec. 2-~4Q8. 'Living°wage. (a) .;Laving wage paia'. {1;) Seruice;.:contraciors. Any service contractor , , entei3ng into :a covered services :contract -with the city shalt .pay to all its employees:who provide services covered .by this division,. alining -wage of no less than $1'(.28'an hour:with'health :benefits, ar a living wage of not. less than $8:~-~1'~:92 an::hour without:health :benefits, . (2) F'hese=inGi~-s~~ls~ess: .Effective Qctober 1. 2010, the living :wage in .:phase-iii basis in the. ~^oY-^~88~2010=2{1'l1 cify 2 (b) Healt`tr benefrfs elgibility period. 1=or a covered employer or the city to comply with the living .wage v+sis~requirements of this division by choosing to pay the lower wage scale availakile when. a covered employer also provides health benefits, such health benefits stial[ consist of payment of at (east. $~-2~164~ per hour toward the ;provision of :a health benefits; plan 'fcr cowered employees 'and their dependents. If the health .benefits plan of.t#ea: covered eirtployer e~tt-ha-si#,}~ requires .an Initial periarl. of employment for a new employee'to be eligiblo for'health :benefits .(eligibility period) the living wage sCequirements of this division shall be :deemed to ~behaue :been .complied with during the eligibility period, provided the covered errzp(oyer fir-tae-.~i#~ commences to pay tithe .. applicable living wage rate without health benefits , :effecEve as :of ' the date of hire>of the covered; employee: Upon corripletiori of. the eligibility period, and provided .the view .employee will be provided . health.'benefits, a covered employer m.ay commence :to pay the - ` ~}e ssalsapolicab(e li~iing wade rate with health benefits, Proof of'the provision Qi health lienefifis mist be'sutmitked to the:. ity's l :procurement director to qualify for the wage rate fQr employees with health benefits. Using the proposed •three f31 year phase-in commencfig with city fiscal year 20'tQ-1'1 tiJctober 1 201fl~. the Iivino wade 'rate wip be $10.16/hr with health benefits and X11 411hr without bene#its~ commencing with-city fiscal year 2011-'F2 {Uctaber 1.20111.'fhe lvino -waae.rate will 6e "~1[t i~thr with 20121. the Living wage rate grill be s11;28/hrwith health benefits and $12 92lhrwithout benefts ~ Using the .proposed three l31 Vea~ z~hase-in pursuant to Section 2-408f21 commencing with city fiscal year 2094-11 fOctober 1. 201D1 the health `benehts rate will be at least ~9 25thr~ commencing with' city fiscal Year 2011-12 {C3ctober 1 .201.11.. the health benefits rate will be at least 51 45/hr and commencing with city fiscal gear 2012-13 fOcfober 1. 2fl121. the health benefits rate will at'least 51 64/hr 3 budget year; increasing. on an annum basis incrementally so that the livir3g wage is fully ,implemented far si#~covered employees in the X883--_~-99420'f:~-2Q13 city budgefi. year? . ail sound. to iinpiement "same«'^~,~°l-~ din .a .particular determines i# v/auld not be ~e determination to index (or: must be .approve[] by resolution: and may only be considered during the city Commissions review and approval of the "city`s annual operatrnq budget.. ~~} 'Cert~ca~ion required before pa~rnent: Any :and all contracts for covered. services" sl~allmay be voidable, and no'funds may be released, .finless prior to entering any ,agreement with the city for a.:covered services contract, the {eyeFService contractor certifies #o the city that it will ::pay each ;of :its -covered employees nr3 less than the I'rving wage described (n section 2-~08(a}. A .copy of :this :certificate must. ire rnad:e ;available to 'the pul'rilic upors request.. The certificate, at a;'riiinimum, rriust include the fo(iawing: {1 } The name, 'address, "and .phone nurriber of the covered errpbyer, a loco( cantact,person, :and the.specific project liar-which the covered:services contractas sought; . ~2} The .amount of the covered services contract, a brie# eleseriptian of .the project or service provided. and the "city department the contract: wi(I serve; {4~ A statement of the wage>fevels-far all employees; and {54~ A .commitment to pay alt .covered employees athe living wage, as :defined by section .2-4~8{a). and:including, vuithout.iimitation. any annua3 indexes thereto fas provided in section 2-4fl8(d1. 4 {ds} Indexing. The li~ing.wage rate and healthcare benefits rate v~illmay, by resoiufon of the. city commission be ~et+ra~~ Indexed "eask~yearannually #or inflation using the. {Miami 'PMSA Consamer Price Index.foraii Urban Consumers {GPI-U}:.Miami/Ft.':Lauderdale, issued by (fe} Observation of other laws. Beery covered employee shall be paid not less than biweekly, and without. subsequent deduction or rebate on any .accaun~ {except as such. payrgll deductions as are directed or permitted by lanr or by a collective bargaining agreement}. The covered employer.shall pay covered ernplcayees wage rates in accordance with federal and all other applicable-laws such as overtime and similar image laws. Posting. A copy of the most current living wage- rate sha11 be kept posted by the covered en~:ployer at the site of the:work in a prominent place where it can easily be seen and read .by fhe covered emplayees~ and shall also be supplied to t#eari employee within a reasonable time after a request to dQ so; Posting requirements will not be, required where `the covered employer ;prints the #ollowing ;statements on the front of the covered employee`s first paycheck and every stx,{6~months thereafter; ".You are.required by City of Miami Beach law to be paid at feast $~:~ dollars t~C)7E: Covered errt to er to insert a licaf~te [ivin wa a -rate an hour., If you are not paid this hourly rate; contact your employee, .an attomeY, or the City :of Miami Beach." A[!' .notices will;be. printed in English, :Spanish, and Greafe. {hg) Collecfive bargaining. Nothing:n i:his division shall be read to require ar.aiatharze. early covered employer to reduce wages. set by a collective bargaining agreement or a~as required under any prevailing wage law. {i} Tio credit exemption.' lror a <covered employee who rettularlV receives tips or gratuities thereinafter "tips") as part of liislher pay a covered emr~lover will. be exempt from ,payment:af the.applicable tautly livino oracle rate far such'employee provided that the followinci rectuirerrents are met: . `2. The exception shall only apbl~to coves°d ei'nployees vuho receue tips as part of_:their compensation (i:e. rivaiters. taartenders, hostesses busboys etc`-' FL'SA; tip credit:; -and.. 5. 'The covered employee's figs plus direct hourly wage combined must add' up' to at: least the aprilicable hourly llvincl wage rate. 5 Sec.2-~E}9. trnpletneritatiort. (a} Procurement specil<catrons. The living wage shall be required in the procurement specifications for al! ~ covered services contracts- :ari which bids or proposals s~ial}-b~eare soCicited on r~r after the effective .date of this division.. The .procurement specifications. - shall include a requirement that.service contractors and their subcontractors agree to praduce a!I documents and records relating to payrol! and compliance with this division' upon request from the city. Ali :covered service contracts: awarded subsegaen# to the date when this division becomes effective, :shall be sub}ect to the requirements of this division. . JAII pracuremerit specifications far sit covered services contras#s shall include appropriate infort~atior about the requiremerifs of this division. ~ . (s~ Maintenance of payroll records: Each covered employer shall maintain .payrolls for a(I covered empliyees and basic records relating thereto;, and shall preserve there far a period of three wears or the term of the covered services contract, whichever is :greater. The. records shad contain: . (1,~ The name and address of each covered employee;. {2} 1"he~ob,title and classification; (3} The nurriberof hours worked each day; (4} The gross wages earned artd deductions made; .. (~} Ann~ral wages paid; (6} A. copy of.the social security returns and:evdence of. payment thereof t7.} A record of fringe :benefit payments; .including caritributiaris .to approved ..plans; and {8} Any other data or information Phis. division. should require from time to time. (dc~ Reporting payroll . Every .six _,~6~nianths, the covered employer shall file with the .situ's procurement director a cc~rriplete payro[I showing the covered employer`s payroll: records: ,for each covered employee working on .tile, covered services contract for one payroll period. Upon request from the-city, the .covered :employer shall praduce its:payroll r~:cords for.ai~y or a!l of its:cavered employees far any:period cayered ;by the covered services .contract.. The city. rxtay examine, in"sped.. and/ar copv such ..payroll records as needed ta, ensure compliance with th. a requirement of this :division.. Sec. 2-~1.€t: Gamplance and enforcement. (a} Service cor-traetor #o cooperate. The service contractor :shall permit the ..city °^~^~,,,,°°° °^''° °^* *;~•~°::to observe work being performed at, in^nr on fhe project or matter far which~'the covered services caritract was issued: The city may examine the books and records cif the service contractor relating to the 6 .employment and ,payroll to determine if .the. service contractor is in comp€iance with fhe :provisions of-this division. (ta) Complaint procedures and sanctions. ('l) Aa covered employee, or #ormer covered erriplayee. ~niho be€ieves that this division :applies p to hini or her and that a ctsvered empioyer,..a~#e-c-~t~; is s not complying with the requirements of this diuisionl has :a right to file .a-an administrative co.mpi.aint wifh the er~er~t s€i~esler-of-.tl~e city's procurement d€rector.. Anv individual or entity miay a€so file a corr~plairit :with the procurement. director of the city on behalf of ~ r_rSVer~ri t2) Complaints 6y er~iployees of alleged vitslatans_shall be made in writing, saflfi ~'tir! e'~r1rs ~~'1~ -~ta~t'-:~f~ar ~ha ~1{l~nar$ uinl~iinrt nrnt irrarl Atr. nn.xnt..~:..~ ~-b,ntl h~ Within :thirty (30Y .working days after a coov of 'the co file an farm a taelief, Anv allegat€on of the com_,plaint which .is not denied shall be deemed .admitted. (5) l# an .ansvrer is filed, the-procurement director :shall cacise a. copy of the answer- to -be served on the<complainant. lf'the respondent elects not to answer the .compfaint. then the matter shall proceed on the evidence in suonort of the complaint. 7 this division if the complaint is tiled more than one (1) year after the alleged viola:ti4n practice occurred.. procurement director shall make. a promrst :investigation of ~-intte all allegations of violations in connection therewith and forward to the city manager a written summary of the investigation a~tl~is-dicta within ~A~O days after the.. complaint is filed !f; :: ^nlr +„~,° +"~ ^,+„ upon hislher review of the complaint. answer tiffiied). and investigations the city manager determines .that a violation of this division has occurred, the city shaft, uvithn thirty j30Zworking days of:a finding of noncompliance, :issue a;notice of corrective action.. in writing, e#fo the respondent, e~p~ specifying all areas .of noncarrtpfiance and deadlines for resolutions of the identified violations:.A copy of the city manager's notice of corrective action shall be sent to the eomp[ainant and the respondent:by certified mail, return receipt requested. or by hand delivery. ,~_tf a espondent fails to comply with any ar all of the - resolutions for the identified violations; within the deadlines provided in the 'notices-iss~e~4, the city manager ` . may issue an order. in writings. to .the respondent, by .certified snail or hand. :delivery, notifying fife respondent to appear at an administrative hearing: befiore *ha r~+, ~~~~^~'- ^Y *~ '*~ ~~~ ~ ~ y ~ .one of the city`s sitting_special masters: 'to be held. at a 'fii•ne to be fixed in such order,. A copy of the order shall also be sent'to the:complainant by certified mail or`hand delivery (49} The hearing proceedings sha[1 be informal, Viand' shall:afford .the sanEise ceratfastarrespondent the right to testify in iais/her own defense; present witnesses; be .represented by counsel, subrrtit relevant: ~vidence,_cross examine witnesses1.and abject to evidence. (~10}, The proceedings. shall be .recorded and minutes kept by the city. Any res~rtt requiring veriaa~m rriinutes for judicial review may -arrange for the services of a -court reporter at the expense of the .se,-;ioe astefrespondent. X611) +a-te~~fU,,,~on the clcise .of the hearing, :the rv+., m<,.,~,.nf..,: +~,~ special master ' _, sha[[ render a decision In writing :determining whether ornot the espandent is in comp.liance,_ ar whether .other action .should be taken,, or whether the matter shr~uld be continued, as the ease may be;_ and stating the reasons and.findings of#act. ~.{<Y-~ The City m~ri~nnr sir ihn ri+v, a~r~.c rlerinnoe c-h~tl Fil.~ +'S r. iSinnc •rGf1h tt}L3-oisrole~-~ shall .send a tr4e and cotreot copy of ~isthe order by certified mail,. return receipt requested, or by hand delivery, `ta the '`' respondent and complainant.. 8 j;~1~3) ~ The. sits-~~aa~er-~-ef special master's~es+~~ee,'s,findings shall constittate the final' administrative action of the city far purposes ~if.judicial review under state law: An .aagrieved.party..including the city administration, may ap~aeai a (•~14 if a respondent fails to seed timely appellate review of an order of the special master~i+„ ^,°^^^~r'~ a^~~^~~^, or`to comply timely with such order,. the city may: pursue the enforcement of sanctions setfor#h in sectian.2=410(cj. (c} Private :right of action against covered employer. :Any covered employee of or former covered employee of a service' contractor iitay; instead of. but not in addition to...utslizing the. administrative complaint procedures sett in .section Z-410~b~#~is bring. an action to enforce the' provisions of this, divsion~,by filing suit against the covered employer in any court of competent jurisdction~e .,,.,t..r.... Fh.~-,. ....,, ..:`....,.- .,f iL~:.. ,3 i. ,:'::.... ...-..1 ..t.,.: i... ..,....,~...1....! 1:.....1. ......, 4,...,~..1':t~. ._tt_.w _..,_ r___ Upon a fr_ndinc~-_b~a court of competent jurisdiction that: a covered emoiover losses they sufFered by ~eason:of not receiving their wage at the time it was due and in order to deter future noncompliance by the covered employer. 'T'he a.pplicabie .statute of limitations for such aclaim -will be two ,~ears~: as .provided in €~•-~Section:9~.11(4}{:cJ. Florida Statutes, as same may be amended'from'time to time. for 'an action for,payrnent of wages. Thy, ,,,,,,,* m,„ re5n rinn i+rxnir.~e++Fnr ie~:Fn„nr1..~•Fn hr„, - ~.irin}.~+e~.~J ~+h~ rF i,~ric+nrh .. {-~-}(d} Sanctions;against.service.co»trsctocs. For•vialations of this division, the city .stialE :sanction a service contractor try requiring the service cantractor'to pay wage restitution at :the errapie~rscontractor`s :expense for -'the affected :covered enployee and may.alsoassess t~E-f~l~te~tin~take ttte following actions: ' ('€} The city may impose damagesi " '. for . each week that the covered employee .was found to have not been paid in accordance. vuith this division; andlor (2} The city may :suspend °~ *~;~-~ payment under:the covered services I. contractandtorterrninate.the.contractwith the service cdritractor;.andlor (3} 'The -city may declare the ez~pla}Rerseryice contractor ineligible :for future service contracts `for up to Three wears or until aU peaa4ties-aged restitution #a~ehas been paid in full to the covered emoloyee and ail penalties (if .any) paid. to the city, whichever is longer:; andlor '^ ~^'^'~*_^^ ^n e,,,n~,,,r^r~ ~,,-,~~ ha 9 (ej Public. record of sane#ions. Rll such sanctians recommended or imposed she#t be a matter~of :pub#ic:record. {f) Sanctions for aiding and a6etling. The sanctions in section. 2-410(sdcl) shalt. also apply to any-parley.or parties aiding and abetting in any violation of this division. (gj Fi=e,#aliafiori artet riiscrimination barred: A covered employer shall: not 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 includingL without ilimitation, making a comp#airtt to the city, ~ under 'this division sha#1 raise a rebuftab#e t~resumption of liavIr~g done so in reta#iation for the exercise. of such 'right .Allegations of refa#iation or cCiscrimination, if found true shall .result in an order of restitutidn and reinstatement of a discharged covered employee wit#~ back pay to the date of the fi#np of the complaint with the city . ' {hj Enforcernertf .powers: #f' necessary for ;the er~oreement of t#iis :division, the city .commission may issue. subpoenas, compel the :attendance and testimony:.af witnesses and ,production of 'books, papers„ records, and documents relating to payroll records necessary for :hearing;, #nvestgations;-;and .proceedings. In case Qf disobedience. cif .the subpoena;, .the 'city' attorney may apply to.a;couct of competent jurisdiction for.an order requiring the. attendance and. testimony of witnesses and producfion of booles., papers, records; and documents. Said court, in th.e case of .the refusal to .obey such subpoena, after notice to the person subpoenaed, and. upon finding that :the .attendance of testimony of such witnesses of :the production of such books, papers, records, and documents; jras the case may ber is relevant or necessary for such hearings, investigat#ons; or .proceedings, may issue an order requiring the attendance or testimony of such .witnesses or theproduction of such .documents, and :any violation of the courts'ordermay be. punishable by'fhe court as contempt: thereof. (i} Remea'ies herein nonexclusl~e. fi#o rerrtedy setfiorth"in this division is intended to be exclusive or a prerequisite for asserting a claim far relief#o enforce.the rights underthis division iii. a court :of law; This d,iyision shall not `be canstcued to Iimit an employee`s right to bring a corrimon #aw cause. of action for v/rongful termination: provided. however, that if a complainant has previously initiated., or~initiates, a civil action in a court.:of competent jurisdiction alleging a violation of this division. or other matter. with respect to the same grievance which is the subject of an administrative compla#nt pursuant to this division. then 'the administrative complaint shall not be {or shale[ no #onger be as the case may be) within the iurisdictian of the city under the administrative complaint procedures established herein. 10 and remedying the violationj. Such funds shall be allocated and used to offset :the costs of implementing and enforcing this d#vision: ~ Y SECTION 2. SEVERABILITY. if any .section, sentence, cause or phrase ."of :this .ordinance 'is .held ':to be inuaficl or unconstitutional by any court of competent jurisrlicEion, #hen said holding shail.n no way affect the validity of the remaining portions ofi this ordinance. SECTIC)N 3: CODA=IGAT'ION. It is the intentiari of the IVlayar and .City Commission cf the City-of Miami Beach,. and it is hereby ordained 'that .the :provisions of this ordinance shall become and. be made a :part df the Code of the City,af Miami Beach, Florida. The sections. of this ordinance tziay be renurriberec! or relettered to:accomplish such intention, and the word "ordinance° may tse changed to ;'section"; . "article,;': ar other appropriate word. 1. . SECTEC}N 4. EFFEGfiI\/E C2ATE. This Urdinance shall ta€ce effect ten.days following adoption. F!A.SSI^L7<and AI~OPTEp this, clay of ~~r~c , ~~ql},. ACORD,~ CERTIFICATE OF LIABILITY INSURANCE " DATE (MNVDD/YYYY) 09/24/2010 'PRODUCER (610)941-9877 ~ FAX (610)941-9889 NSM Insurance Group 555 North .Lane -Suite- 6060 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW: Conshohocken, PA 19428 INSURERS AFFORDING COVERAGE NAIC # INSURED JuriStaff, Inc. ' INSURER A: Hartford Casualty Insurance Co 29424 1600 Market Street, 38TH Floor iNSUReRB: Hartford Underwriters Ins. Co. 30104 Philadelphi"a, PA 19103 INSURER C: Tower Insurance Co. of NY INSURER O: National Union Fire Ins. Co. INSURER E: Cn\/G iJe (. PS '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. INSR DD' TYpE OF INSURANCE POLJCY NUMBER POLICY'EFFECTIVE POLICY EXPIRATION ~ LIMITS GENERALLIABIUTY 39SBAVD7910 10/01/2009 10/01/2010 EACH OCCURRENCE $ 1,000,00 X - COMMERCIAL GENERAL LIABILITY - DAMAGE TO RENTED __ $ 300,.00 CLAIMS MADE a OCCUR ~ MED EXP (Any one person) $ 1O , OO A PERSONAL&ADViNJURY $ 1,000,00 ' ~ .GENERAL AGGREGATE $ 2 ,.OOO , OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OO POLICY PRO- LOC JECT auromoBlLE LABILITY 39UECK03805 lO/O1/2009 lU/O1/2OlO COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,.000,00 ALL OWNED AUTOS - BODILY INJURY ~ B SCHEDULED AUTOS ~ (Per person) $ X 'HIRED AUTOS - BODILY INJURY X NON-OWNED AUTOS /` v ~ (Per accident) $ ~ ~ PROPERTY DAMAGE {Per accident) ; $ GARAGE LIABILITY ~ AUTO ONLY - EA ACCIDENT $ " ANY AUTO ~ ~ OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/ufNBREI.LA LIABILITY 39SBAVD79,lO 10/01/2009 10/01/2010 EACH OCCURRENCE $ 8 , Q00, 00 X OCCUR ~ CLAIMS MADE AGGREGATE $ 8 , 000 ,00 A ' $ DEDUCTIBLE $ . .RETENTION $ ~ - $ WORKERS COMPENSATION AND - ~( WC STATU- OTH- EMPLOYERS' LIABILm ANYPROPRIETOR/PARTNER/EXECUTIVE ~ -WB7-1800001-09 10/01/2009 10/01/2010 E.L. EACH ACCIDENT - $ 2, OOO, OO OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 2 , 000 , 00 If yes,describeunder SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 2 , OOO, OO si ro~ l i b SSL9519016 10/23/2009 10/23/2010 2,000,OOOocc/$3,000,OOOagg D P es ona L a 014497191 03/27/2010 10/O1/2010 $500 000 Fidelity 3rd Party rime , Included 'DESCRIPTION.OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS ity of Miami Beach is named. as an Additional Insured with respect to General Liability where required y written contract. rconGlreTC unl nGrs renlrGl I eTlnnl . - SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE •Ci y of Miami Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -. PrOCUrement Dl Vl SI On 3 rd F1 OOr - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn' "GUS LOpeZ , PPOCU rement Dl rector . BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY 1700 Con'venti on Center Drl Ve OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. Miami Beach, , FL 33139 AUTHORIZED REPRESENTATIVE 1 ~ ~~~' `-~.cc ~~" : Car 1 Donatucci CAD -. ACORD 25 (2001!08) ©ACORD CORPORATION 1988 ,, ~ IMPORTANT 1 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not,conf~ rrights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED{ subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conifer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form 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 ar alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08-