Union Temporary Servicest
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
UNION TEMPORARY SERVICES, INC.
FOR
TEMPORARY PERSONNEL SERVICE PURSUANT TO REQUEST FOR
PROPOSAL (RFP) NO. 22-09/10
This,Professional Services Agreement ("Agreement") is entered into this ~~day of
/i~ , 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 UNION
TEMPORARY SERVICES,. INC., a Florida corporation, whose address. is 5400 South
University Drive, Suite 415, Davie, Florida 33328 (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 Documen ts: 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 at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number ,
(305) 673-7000, Ext. 6435: and fax number (305) 673-7023. .
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SECTION 2
SCOPE OF SERVICES (SERVICES)
Consultant shall provide temporary personnel services, on an "as needed basis," as more
specifically set forth in the Proposals documents
2.1 MIAMI BEACH ONE-STOP CENTER
Consultant shall work with the One-Stop Career Center to recruit potential employees.
2.2 .SCREENING, INTERVIEWING, TESTING AND TRAINING
Consultant will be responsible for screening, interviewing, testing, and training to include, but
1 not be limited to:
- In depth interview .that includes job preferences, experience, goals, .interests,
attitudes, motivation and other work-related attributes.
- Job-related tests to include typing and communication skills.
-Background checks to include the Florida Department of Law Enforcement (FDLE)
and Miami County as well as credit history for positions that may requires the
handing of City funds.
-Verification that its employees are not convicted sex offenders.
-Training employees on the City's Service Excellence program.
Prior to the start date for all persons receiving a work assignment with the City, Consultant is
solely responsible for providing the documentation comprising the results of the background
check performed on these .persons, .including the results of the criminal' background and drug
,test. When requesting temporary services to fill the vacancies dealing with sensitive
information, or in safety-sensitive positions (i.e. personal or financial .records; driving heavy
equipment; etc.), the City shall. have a right to request additional background checks,
including, but not limited to, credit check, driving history check, civil litigation history, and
additional medical evaluation. All components of the background checks must be current
(conducted within the previous 30 days). The Agency shall bear the full cost of the
background investigation.
In the event the provided background check(s) shall be deemed unsuitable to make the
determination about the .person's eligibility to obtain a temporary work assignment with the
City, the City shall have a right to perform its own background investigation, and any
expenses associated with this investigation may be charged back to the Agency.
The City reserves the right to accept or refuse any or all individuals for temporary work
assignments with the City of Miami Beach, based on the 'results of the background
investigation.
- 2.3 QUALIFICATION
If a Consultant employee(s) assigned to the City is (are) found to be unqualified for any
specific assignment, the City has the right to return such employee (s) at no cost to the City.
The City shall be the sole judge of the, individual's qualification and its decision(s) shall be
final.
2.
SECTION 3
TERM
3.1 TERM
The term of this Agreement shall commence upon execution of this Agreement by the parties
hereto, and shall have an initial term of two (2) years, with two (2) one-year renewal options,
each to be exercised at the City Manager's sole option and discretion, by providing written
notice of same to Consultant no less than thirty (30) days prior to the expiration of the initial
term (or the first renewal term, as the case may be).
3.2 TEMPORARY TO PERMANENT
In the event that the City employs a temporary employee,. no damage fee (i.e. temporary to
permanent charge) shall be assessed.
3.3 CITY OF MIAMI BEACH LIVING WAGE ORDINANCE REQUIREMENTS
This Agreement is subject to, and Consultant shall be required to comply with the provisions
of, the City's Living Wage requirements, as codified in Sections 2-407 through 2-410 of the
City Code, and as amended on June 9, 2010 pursuant to City Ordinance No. 2010-3682
(which Ordinance, is attached as Exhibit "A" hereto).
Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from
time to time, service contractors shall be required to pay all employees who provide services
pursuant to this Contract, the hourly living wage rates based on the following three (3) year
phase-in approach:
• Commencing with City fiscal year 2010-11 (October 1, 2010), the hourly living
wage rate will be $10.16/hr. with health benefits, and $11.41/hr without
benefits;
• Commencing with City fiscal year 2011-12 (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 N0. 2010-
3682 AND, THEREAFTER, AS SAME MAY BE AMENDED FROM TIME TO TIME.
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SECTION 4
.FEE
4.1 COST OF SERVICES
Consultant agrees to the following hourly billing rates:
osition Bill rate
effective
October 1,
2010 Bill rafe
effective
October 1,
2011 Bill rate
effective
October 1,
2012 Bill rate
effective
October 1,
2013
Car enter $37.45 $38.45 $39.45 $40.45
Plumber $45.50 $46.50 $47.50 $48.50
A/C Mechanic $50.70 $51.70 $52.70 $53.70
Painter $28.30 $29.30 $30.30 $31.30
Electrician $44.70 $45.70 $46.70 $47.70
Laborer $25.25 $26.25 $27.25 $28.25
4.2 INVOICING
Consultant shall furnish the following information on its invoices to the City:
• Purchase Order Number(s) issued by the City's Procurement Division;
• Department and location within. the City of temporary employee(s) being
provided;
• Full name of individual (s) performing the service (s);
• Job classification; and
• Number of hours worked.
All invoices are subject to verification, approval, and processing by the City department
requesting the temporary personnel. .
4.3 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
1f 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
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Notwithstanding the above, the Consultant shalt 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.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
• Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees agents, and contractors, from and. against any and all actions, claims, liabilities,
losses,, and expenses, including, but not limited to, attorneys' fees and costs, for personal,
economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, .
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or
. 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
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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 6e 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 equivalerit.
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
in the event that submitted certificates of insurance are inadequate to ascertain compliance
with required coverage.
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
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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
ornon-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 - SPM, 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
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
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10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not sub-consult, assign, or transfer any work under this Agreement without
the priorywritten 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.
-,
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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, asset forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall. be
admitted to any share or part of this Agreement. or to any benefits arising there from.
SECTION 11
NOTICES
All notices and ~ communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
.nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: UNION TEMPORARY SERVICES, INC.
P.O. Box 813847
Hollywood, Florida 33081
Attn: Wendy M. Blanton
954-880-0078
954-880-0065
wendyCa~uniontemp.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 parry 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,
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notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
` ~ SECTION 12
ENTIRE AGREEMENT AMENDEMENT SEVERABILITY
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall 'be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
.,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.
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~a/a-27~// ~/
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:
ATTEST:
,.,. B : _ ~ ~~~
Y
City Clerk
CITY OF MIAMI BEACH, FLORIDA
M yor
FOR CONSULTANT:
ATTEST:
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ti ,_y ~~~.
.
~~ ~,,~y;
.w r
SeLretary
'
,~ ~
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Y~
"~ ~, £;Wen~y M. Blanton
`~ Print Name
a.
UNION. TEMPORARY SERVICES, INC.
Presi nt
DyLee McNally, President
Print Name /Title
APPROVED AS TO
FORM & LANGUAGE
F~fi EXECUTION
~,'
Cit orney b~.Fe ~
~~
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EXHIBIT A
URDINA,NCE N0. 20't'Q-3fi82
AN. E3RdiNANCE OF THE 11~AYCkEr APtC} CITY Cdt1tlMlSSIC3N' C3F THE. CiTY,C)F
M[At~t :BEACH, FLl3RlDA, ,AMENDitVG CHAPTEtR ,2 t3F THE CITY .CC3I3E,
'ENTITLED,: "A,DMIhiISTRATEON;• BY AiVIE~liJltdd Ai~TIC.iwE 1(! THERE.dF
ENTlTLEb,- "PR4CURi=MEHT";, 'B'Y AMENDING Di1JlSidiV. 6: ~NTlTL:Ed
"LiSIiNG 1t~AGE REGlJlREMEN'T'S FdR -SERVICE CC7t~fFFtAGTS AND CITY
EMPLCII'EES:", SECTit3NS 2-07 THROUGH 2-~'f4 THEREIN;.
AND:PRQ1l1dtNG FlJRTHER FClf2 GQDiFIGATIC3N, SEITERABILiTY; A;ND A:N
IfFFECTIVi~ `DATE.
M011H, "i:HEREF.t?RE BE !T tJi~DAlNED BX THE: MAYt7R. AND .CiT'l .Ct}NNMlSSIC7N
Ct.F THE;CITY' C3F M(1~MI BEACH,,.FLtORID,0.
SECTit~N' 7: .
That Chapter 2;.Article 1/l, £7ivision 6:, :Secfions 2-4D7 through 2-4'f.0,: cif :the Gode.of the -city of
Miami Beach, .Florida, is hereby amended as follows:
Di1/iSIC}N. fi. L.i/IIdG .WAGE REt;3t!lREM.ENTS FdR ;SERVICE Ct3iitTRACTS Atdt?. CiTX
EiVlPL~C?YEES
Sec.2-447 Lfef[iitotts.
_ Gity.means the government of Nlarni Beach ar :any authorized. agents; .any board.,. -
agency, commission, departrr~ent, or other enfity thereof, or any successor tlieret~:
Covered.employee means anyone employed by 'the city ar~any seriice.contractorf as
further defined in :this di~rision; either full or part time; as.an employee, with or without- berefifs .er .
Covered .empCoyermeans the city ;and any -anii a[l senrice:.contractars, wtiefher
contracting directly or`inclirectly with the city; and subcontractors of:a.senrice con#ractoi•.
,. ~=1. paid in whale.or..part:from ono ar rrsare of the city's general Rand;
capital project Ends, .special revenue funds, ar any other funds] ei#
Service contractor is any cnd~uidual, h~~~,^o:,o-cam corporation (whether for profit or
not for profit), partnership, limited !lability company; joint venture, or smother business entity
who is conducting :business in Miami ..Beach., : ,..and who is eithert-s.
( ~4~-e~=+a+~+~t-ice whefher by corr3petitiue bid process, informal bids;
i!equests for .proposals, Borne form of solicitation, negotiation, or
agreement; or any.other decision to enter-into a contract;:or
#:2: €engaged in "the business of; ar part of; ~ ocintract to provide, or a
I
s~ibcontract to provide, ,services, ei##ter
-far the benefit :of the city. However; this does not.
. apply to;contracts related primari]y to the sale of products or goods.
~Coyered services are the type of services ;purchased by the .city that, are subject to tte .
requirements of this division-which`include=the follovrrng: .
(1:} City service contracts. Gbntracts involving the city's: expenditure .of :oven
$1~A,ODO.OO:per year and which andiude`thefailowing types of services:
a, Food preparation aridlor c3istributori
`.b. >Secarity services;
`c. ~0',:OtSn~ n'o;aiiite~~a~Ece: SE;~vq.i;eS: such aS GUStadial Glean."rng,
,.(, Vic;: refuse::ren3ovaE, repair, rsfinishing, and recycling: _
d. Clerical or other non-supervisory office: work, whether ternporary.or
perrnarier#;
e, ~ Transportation and :parking services;;
f. Printing and reproduction;services;
`g. Landscaping, taws, and or agricultural services;: and .
,~ ti. Park and put3lic.e rp ocieity i~enteriance:
'.( (2} Should any .services Included in subsection 1{al - fh) 'that °are 1?eing
performed by city ernplQyees a# the tirrie this division is enacted be. solicited in
the future;by the city to 'be performed:by:a service contractor, such services shall
. be .covered.services °subject to this elivisian:
Sec. 2-~.t3.8. 'Liuin~ vva+ge,
(a} : Liuing'wage..paid.
{1') 5eruce contractors. Any service ccntractvr , .
entering :into -a covered services .contract with the ci#y shall pay to all its
employees.who prodide services<eavered by this division,. a living wage of nc less
than "$~:~112$ an hour.with.`health :benefits, or a living i~rage of not less than
'~ $5-~1-12:92 an~hourwifhout.health.benefrt ., '- .
(2} .Phase-in~#y-sees: - :Effective {Qcfober ~, 20'i0. the (vinci wage in
,subsection fa3 :will be 'smCslemented on .a
a~° ~^~*,=:.phase-in basis beginning in the. ~^^~ _~g8~2010=20'l 1 cify
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(bj Heath beneits, elgibslity period. for a covered:eMployer or the city to comply with
the living.wage ~t-ovieireguirements of this division by choosing to pay :the lower ti±vage scale
.available when a covered eri~ployer also provides health. benefits, such health benefts shall
consist of payment of at least $~-21:642 pe.r hour toward the provision c+f :a health t~enefits.: plan
`forcovered employees:and ther'ciependents. _ ,
~; If the health .benefits pjan of.##ea:covered employer e1=~t-fie-sib requires an initial .period.
of employment for a new employee :ta be eligb}e fot'health benefits ~eligbiiity period) the living
wage sie~reQUirernents of this division shall be :deemed to .-behave been :complied with
during the eligibility period,, provided the covered employer a~it~C commences to pay tithe
applicable living vtragegate without health i~enefits , effecfve as of
th:e. date o~F hire>of the .hovered:employee:
Upon completion of the eligibility period, and provided- .:the new employee evil( be
provided.health benefits, a covered employer may commence to -pay the $e.
ssaleapolicableBving wade rate=with health benefits,
I Proof o~ thle provision of health benefits must besubmitted to the,a~e~~-aEU~erit3~city's .
l procurement director to qual`Ify for the wage rate for employees with heattli benefits:
Usina the vroposec3 three f3} vear phase-in commencing with city fiscal vear:2(liQ-'11 fDctoEier 1
2810}, the livin4 -wage 'rate will .be $10.16lhr.:with health benefits and $11 491hr without benefits
commencing with city fiscal year 2011-92 {{)ctolier 1 2011) the living wage rate will be 510 721hr with
health :benefits and $.9:2.27 without benefits• and commencing tn+ith city fiscal vear 2012=13 {October 1
.20227. the living wage rate vrill be ~12:281hrinrith health benefits 'end s12 921hrwithout benefits
2` Using the proposed thiee {3} vear phase-in pursuant to Sectioh 2-408{2) cammsncina with city fscal ,
.Year 2090-1"1 ibctober 1. 201D}, the health benefits rate wlfl be at least ~2 25thr commencing with city
fiscal vear 2011-12 {Clctober 1,:20111.. the Health benefds rate will beat least ~1 45/hr• and commencing
with city fiscal vear 2012-13 fOcfataer 1, 2022}, the health benefits rate will at'least ~1.64Ihr T
3
..budget year; increasing on an annual basis incrementally so that the living wage
is fully implemented far covered employees in the 28g~-884201:2 2013
city ESUdget. year` - .
for-the annual open enrollment period: may reduire employees to complete and return a benefits
election #orrn: and, in the event that a covered empiayee does not complete and return such
election form to the covered employee during the prescribed`time of fhe annual open enrollment
period.. then the covered .employer .may treat the covered employee as having elected to
cost#nue with .the health plan benefits coverage (then in effect) and. accardingky may continue
to,pay the covered employee the applicable hourly living waq.e rate with fiealth benefits.
{ds) Indexing. l'he living .wage rate and health-care benefits rate wff#may, by resolution
of the. t:ity commission f7e der-aa~t+ indexed "eas#~a~annualPy for inf#ation using the. N#iami
PMSA Consumer Price Index far al# Urban Consumers (Cf~1-U) Miami/Ft. iW.auderdaie, issued by
annuak increase exceed the correspond#nq .annual compensation increase (if any) provided to
un_represented~i.e.:unclassified) city ~rnplayees. The city cornmiss~on may aEso by resolution
elect not to index the living wage rate. in any particular year, if it determines it viauld not be
##scally sound to imp#ement same'~r,~ -~ din .a .particular year. The determination to indeX (or
et.
~sl) Cert~ca#ion required before.pa~?misnt: Any :and .all contacts far covered. services
s#~tmay be vo#dable; and no `funds tray be released, .unless prior to entering any agreement
with the>city for a.:covered.s.ervices contract, thee~eye~seruice contractor certifies to the cifji
that it will. pay each .of :i#s -covered employees no Tess than the living wage described in section
2-408(x). A copy of .this :certificate must. be made available to :the public upar :request,. The
certificate, at a'ri~inimum, rxiust include the fofiow#ng:
{~) The name, 'address, and .phone number of `the .covece.d employer, a focal
contact person, and the specific project for wh#ch the covered services contract::#s
sought;
i;2.). The :amount of the covered services contract, a brief description of .the
praiect or:service provided. and the city department the contract: will sense;
_ ..
~4~ A statement af'the vuage #evels'for all employees; and
{~4~ A commitment to°pay all covered employees the #iving wage, as :defined
by section .2-4D8(a). and inctuding, without.i#mitation. any annua9 indexes thereto
(as pray#ded in section 2-4t18(d1.
4
must Qe approvea oy resoiutton; ants may only :be cons-aeretl auring the. city Gommission's
review-and .approval of the ~ity`s annual operating budget...
Vie) Observafon of nfher haws. Every covered employee shall be paid not less than
biweekly, and without subsequent deduction or rebate on any account (except as such. payrgQ
deductions as are directed ar perrriitted by-law or by a collective bargaining agreement). The
covered empioyer.shall pay covered employees wage rates in accordance with federal and. all
-other applicable laws such as overtime and similai^ wage iairirs.
(g#} ,Posting. A.copy of the,most currentliving wage- rate shall tae kept posted 'by the covered'
employer at the site of the work in a :prominent .place where it can easily be seen and read ay
the cowered employees=and shall also be supplied fo t#ean employee within a reasonable time
after a .raquest to do so; Posting requirements will „not be. requited where `the cowered. employer
prints the #ollowing ::statemenfs on the front of the covered em_ployee`s first paycheck ;and every
six ,months thereafter "Yaw are required by City of Miami Beach law to be pa'sd at least
~, dollars INC?Tlr: Covered emptoyer to insert a~pticaf~te [ivinq wage ratetan dour,, if you are
not paid this hourly rate, contact your employer, an attcomey, or the City :of Miami Beach." A(P
notices will~be printed in English, :Spanish, -arid Creote.
~) Coliecfive bargaining: Nothing:in this division shall be read to require or:authorize
any covered employer to reduce wages, set by a collective bargaining agreement or afeas
required under any prevailing wage law.
{i; Tip credit .exemofic~n Por a :covered emplayee who reaula~ receives tips or
gratuities (hereinafter "tips°) as part of hislher pay; a covered employer will. be .exempt from
payment :of:the applicable kiourlu living wage rate forsuch employee provided that'the follc~uwintt
`requirements are iriet:
1, in order to gualifvfor the exception: the covered emoloyer must claim a tip
credit" underthe federal Fair Latior'Standards Act (ELBA);
`2. The exception shiall only appl~ta covered employees who receive Pips as
;part of:their.compensatlon (i:e. waiters. taartenders hostesses bus6ovs etc )•'
5 ~'he covered employee's tips plus direct hourly wage combined must add' up'
to at least the applicable hourly iii+ing wage-rate. ~"~
5
Sec.2-9•U9. irnpiementation.
{a} Procirremerit specsficafions. The 1iVing wage shall be required in'the procurement
specifications for all ~ covered services caritracts on wkiich bids or
proposals. sail-beare solid#ed .on ar after the effective :date of this division.. The procurement .
i specifications .: shall include a requirement that ssrvici;
contractors artcl their subcontractors agree to produce all documents and records relating to
payroll and compliance -with this division upon request. frarrt the city. All :covered service
Cnntracts:awarded:suhsequen# to the date when this;divisian becomes effective, :shall be subject
to the requirements of this division..
. All procurement
specifications -for cit cavered services contracts shall include
appropriate information about the requirements of this clivisian.
{s~ iVleantertance of payroll records: 'l=acl~ covered employer shall main#ain .payrolls far
a(I covered empliiyees sand basic records relating tttereta;; and sha.(I preserve them fior a period
of three ears or the:term cifthe covered services contract, whichever is greater. The. records
shall contain:
~'I,j Tf3e nari~e:and adorers of-.each cavereel'emplayee;
~2y. The job titleand classifcation;
~3~ The number of hours worked;eadh-day;
~4} The grass:wages earned acrd deductions made;
~~} .Annual: wages paid;
{6) A Dopy ofthe:socal security;returns and:evidence of'paymertt thereof,
{7.). A record ;of fnrge 'benefit payments; ,ricludirig contributions to approved
plans; and .
{8) .Any tither' rata or information this. divisiari should require from time to time.
(~ R~portirtg.:payrofl,. Every .six.,~6~inonths, the covered ~i-nplayer shall[ file with the
cit 's procurement directar,a complete payrrall shauving the cavered employer's payroll records
far-each covered employee ruarking on.the covered services contract fc~r
one payroll period. lapon 'request from the city, the .cavered :employer shall produce #sr
itspayrcall records for.~ny or all of its:coverecl employees for<any period
cavered by the covered services contract.. The city ,may exa[ri'ine. inspect. and/or copy such
,payroll records as needed to ensure compliance with the requirement of this division..
'Sec. 2-~41.{?. Compliance and enforcert~-snt.
{a) Service contractor to cooperate. The service contractor :shall permit 'the ..city
°~„^.^„°°° °^''° ^• ~°^~°~~^{~}".°° to.:abserve work being.perFormed at, in~or on the project
or matter for which the covered. services corittact was .issued. Tate city
°°^''°+~~~^ may examine the books acid records of the service contractor relating to the
6
.employment and ,payroll to determine if .the, service contractor is in; compliance with the
prauisions c~€`this diyisian.
(b} Complaint procedures and sanctiaris.
'('E:) . Aa covered employee, ar tomier covered emplayee, tinrho beiieves that this
division applies e~lied to hirri ar her and that a covered
employer,.:.~e=sib is er--wear .not complying with the requirenier~ts o€ this
division1 lias a right to file a-an administrative complaint wifh the ewer-~
sii~s~aFe#-tl~ city's i~rocurement director. Anv individual or entity may atsn file_a
t2) C.omplaints by employees of a. [leged violations shall be made in writiri~ .
deemed .admitted.
(5} l€ an .answer is filed, the procurement director.shall cause a copy of the
.answer to .be served on the compiainant. 1f'the respondent elects not to answer
the .complaint.. then the matter shall proceed on the evidence in support of the
complain.
7
.~
this division i€ the complaint is tiled more than one (1) year after the alleged
uioia:tion practice accu~ied..
#6) V1~henever a verified written complaint is fled pursuant to this division the
procurement director shat( make. a prom'At :investigation of ~tig~ all
allegations of violations in connection therewith and forward to the city manager
a wntten summary of the investigation ' ' ' within X860 days after the
j complaint ~s filed i#; °f ~nlr +ir;.,n ++,r1 rii+„ upon his/her review of the complaint.
answer (if filed). and ~inVestigations fhe cify manager determines .that a violatipn:af
this division has occurred, +tthe city shall, v~iithin ~+thirtv ~wor#tng days of a
finding of rton~:ompliance, issue a :notice of corrective action, in writing, e#=to the
respondent: e~leyet: specifying all .areas of noncompliance and deadlines far
resolutions of the identified violations A copy of the .city manager's notice of
corrective action shall be sent to. the complainant and the respondent.bY certified
mail, return receipt requested, or b!r hand deliverer:
(7) if a espondent fails to comply ~iith any or all of the
resolutions for the identified violations; within the deadlines prodided .ih the
'notices-ise~ed, the city rnan.ager may issue an
order. in writings. to the respondent, by certified mail or hand
+.~;:+nr
delivery, noel€yirig the se~is~?-~,-resc~onderit to appear at an
administrative hearing: before +"° ri ; ~^~~pn~ ^Y +++n ;+, rY,~. a ,a
.one of-the city's sitting special masters: to be held at a time to be fixed in such
:order,. A copy of
the order shall also be sent to the:cornolainant by certifedl mail or hand delivery
(4~ The hearing proceedings shall be informs(, Viand sha(f:affordthe:e
trespondent the right. fo testify in ttislher , + own
defense; p;e:sent wifiesses; be .represented by counsel, subt~iit relevant:
. evidence,. dross examine witneasess and.ol?ject to evidence.
(a10 , The proceedings. shall be recorded .and :minutes kept by the city. Any
respondent. requiring ver~atirr3 r~iinutes for judicial revie~r inay
:arrange for_ the services of a court reporter :at the expense of the sear
seritfast~respondent:
i<s1 ~} inr++,in ;-~;, a<;,r~ :,f~on the close .of the hearing, the ^ *., '^ ^^^^r n> +l,n
specie! master ' steal! render' a decision in .writing
. determining whether ornot the rnnrir~ ,.,:~+r.,..+,irrestiondent is in: comp.liance;_ Or
. whether .other action .should be taken,; or whether the matter should be
continued, as _the case i~ay be; and. stating the reasons and Endings offset.
_.f~'1 ')\ ~'he ~+~ty r»~n.~renr rir ihn ni+ir mnn.~nnr~.c. 'incinnnn cL,-ill fil.~ ,Fir~iiinnc .eritk+
+`"~^~+~~ ^'nr~, °^~ shall .send a true and correct copy of #isthe order'by certified`
mail,. return receipt requested, or by hand delivery, to ttte
respondent and complainant..
8
#.8} The city manaaer shall also. provide a written report to the city
t$1-~) The s€t3~aFaager's-~ special master'sd~si~~iee•'s .findings shall constitute
the final administrative action of the city far purposes cif judicial review under
stag iaw: An aaarieved party. including the city administration, mare appeal a
(~'S4 if a respondent. Pais #.a :seek timeiy appellate review of
an order of the special mastero,,i y ^~~^~:^~~'n ~~~;~~~~; ar'to
comply timely with such order,. the city may: pursue. the enfarce,ment of sanctions
set forth in section 2~410(c).
(c) Priuate rrgtit of -action .against covered ernptaver. :Any covered
employee a€ .or former covered emp(ayee of a service contrac#c~r may; instead of, but not in
addition to...utilizing .the administrative complaint procedures sew in .section Z-41 fl~t#is
` ~ , bring. an action to enforce the' prauisions of this
division by filing suit against the covered employer in any- court of cc~rnpetent ~urisdiction~e
Upon. a finding by .a court of competent iurisdictiari that: a caverect emafover
to
deter future noncompliance by-the covered employer. 'The-applicable statute :of limifatiaris for
such a claim w11 be two ,years, as, provided in ~~S-Section 8.11(4){:c), :Florida Statutes., as
same -may be amended from -time to'fime, for an action-::for payrnen# of wages. Thn ,.,,,,,~ .:.,,,..
r rtnr~ ~ 3r~^+nr~ icy :~ni ~..#n h icy ~ xinl~+erl'fhio x~{i~~xir.nh ~ .. ..
.d GC'P10~' flO'i'1'iTGO'CCT'l~E'~liT'IC. ['GT104G-p'[piLTCGGZTnC-GT41IIlp1T_
~~ {-~}(d) Sanctions:against.service.contractocs. For violations of this division, the city shall
.sanction a service contractor by requiring fhe service contractar'to pay wage restitution at :the
e~iscantractor`s .expense 'far 2asia fhe affected •covered ernpioye~ and m.ay aisoapsess
-he-fslitgtake the fraliowina :actions:
~~7 The city may impose damagesi' for
each week thaf the covered employee was found to have not bean paid in
.accordance with this division; andlor
(2} .The city may .suspend of +Q,--~~i~;~ payment under:the ccivereci services
contract andtai-terminate the cantractwith the service coritractar .andlor
(3) `The city may declare fhe :e~tpleyerseryice contractor 'ineli.gible :for future
service contracts for itp tp three wears or until -all dies-antl cesttufion
#arfehas been-paid in full to the covered employee and all penalties (if env) .paid:
to the city, whichever is longer::. andlor i^ ^~+~+i+;>,,, .,n e,,,ri~„e~~ h~u he
9
In order to compensate the city fDr the costs .of investiaatinq and
remedying the yio{anon, the city may also order the violating covered employer to
pay the city's reasanab{e costs (for investiaatinq and defending the complaint
~tnd remedying the violation). S~sch funds shall be allocated and used to offset
the costs of implementing and enforcing this division-
(e) f}ublic record p€ sanctions. All such sanctions recommended or imposed shall be a
rnafter of pubtic:recortl.
i {f} Sanctions for aiding aril abettf>?g. The sanctions in section 2-4'(0~~~ shah. also
apply to any party or parties aiding and abetting `in any violation of this division.
(9} Retaliation artd discrimination 'barred. A covered ernplayer shall not discharge,
reduce the compensation of, :or otherwise discriminate or take adverse action against .any
covered employee in retaliation for exercising the rights protected under this division including,.
:without. limitation, making a complaint to the city, r under
(h) Errforcerrient powers: {f' necessary for the enforcement of t{iis :division,. the city
corrimissipn may issue. subpoenas, compel the attendance and testimony : of witnesses and
.production of 'books,.. papers, records, and documents-.relating to payroll records necessary for
hearing; investigations; ;and proceedings; in case of disobedience cifi :the subpoena;, fhe city
:attorney may apply to,acourt of eornpetent jurisdiction for.an order requiring the:attendance and
testimony of vvitne;?ses and producfion of books, papers, records.; and documents. Said court, in
the case of .the refusal to obey such subpoena, after n. atice to fhe person subpoenaed, and.
upon :finding that :the .attendance .oi testimony of such witnesses of the production .of such
books, papers, records, and documents; ,has the case inay bed; is relevant or necessary for-such
hearings, investigations; or .proceedings, may issue an order requiring the attendance .or
testimr~rty of such .witnesses or the production of such .documents, and -any violation of the
court`s order may be. punishable by'the court as confempt thereof. ,
{i) Remedies: f-erein nonexclusive. 'No remedy set forth "in this division. is intended to be
exclusive or:a prerequisite for asserting a claim far re{ief to enforce the rights under this division
in a court ;af law; This division shall not `6e construed to Limit an ernployee's right to bring a
common law cause.. of action'for wrongful termination;, provided. however, that if a comp{ainant
has preuiously initiated, ar initiates, a civil action in a court of competent jurisdiction alleging a
violation of this division. or ether matter. with respect to the:sarne grievance which is the subject
of an administrative complaint pursuant to tfiiis division, then the administrative complaint: shall
not .be {or shat[ no {anger be. as the case may bel within the jurisdiction of the city under the
admirristrat{ve :complaint procedures established herein.
10
Ot Sl1Gt'1 right
. ~{legations 'of retaliation ar discrimination, if found true.
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 ..
SECTION ~. SEVERABILITY.
if anj+ section, sentence, clause or phrase . of :this .ordinance. is .held :to be invalid or
unconstitutional by airy court of competent jurisdiction, then said holding shad in no way affect
the validity df-the remaining partiorts of this ordinance.
SEGTtf)N 3: i ODt1 (CATION.
It is the intentiari of tFte"Mayor and.;City Commission of the City df Miarrii Beach, and it is
hereby ordained 'that the :pi"oVisions of this prdinance sball'b~come and. be made a part of tt~e.
Code of the Gi#}~;of Miami.Beach, Florida. Tate sections. csf this tsrdinance sriay be. renumbered or
relettered to:accomp(ish such intention, and the vrarc! "s~rdinancd" may be changed to ;`section", .
"article," ar other appropriate word.
,.
SEOTIC}N 4. EFFECTtUE DATE.
This t)rd'srtance shall take effect ten days:following adoption.
PASSEt3:and.A}~OPTEa this ~ clay of ~}u~:t , 2tJ'90.
ATTEST:
`CITY Cl.ER1C
~~ ;
~ IItIAYClR
F.lattotAOIIRiRES05-URD1Livittg Wage Ordinance-Amer~dmenY(Sewnd heading 5-910).docx
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ACORD,~ CERTIFICATE OF LIABILITY INSURANCE 09/28/20 0
PRODUCER (305.) 824-3464.
JACKSON AGENCY INC
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DESCRIPTION OF OPERATION8ILOCATION.aIVEHICLESIEXCLU810N5 ADDED BV ENDORSEMENTISPEGIAL PROV1810N8 -
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ATT : CRISTINA DELVAT, PROCUREMNT ExP1RAT10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9UT
CITY OF MIAMI BEACH FAILURE TO DO SO SMALL IMPOSE NO 0®LIGATION OR LIABILITY OF ANY KJND UPON THE
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MIAMI BEACH FL 33139-
ACORO 25 (2001108) C9 ACORD CORPORATION 1988
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eRO~ucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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19160 Dallas Parkway #500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Dallas, TX 25254
(800) 632-5096 (972) 715-0959
INSURERS AFFORDING COVERAGE
INSURED: AMS 1/c/f: ~ - INSURERA: Com anion Pro ert and Casualt Insurance C
UNION TEMPORARY SERVICES, INC INSURER B['
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INSURER.E
THE POLICIES OF INSURANCELISTED 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 TOWHICH THIS CERTIFICATE MAY BE~ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND1710NS.OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR~ TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO LIMITS
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DEDUCTIBLE - $ - -
RETENTION $ $
WORKERS COMPENSATION AND X WC STATU- OTH-
- EMPLOYERS'LIABILI7Y WC77779991701 04/01/2010 04/01/2011
E.L. EACH ACCIDENT
$ 1000000
A -
.
E.L. DISEASE-EA EMPLOYEE
$ 1000000
' ~ E. L. DISEASE-POLICY LIMIT $ 1000000
OTHER
- LIMITS $
LIMITS $
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE%CLUSIONS ADDED 8Y ENDORSEMENTISPECIAL PROVISIONS
L This certificate remains in effect, provided the client's account is in ood standingg with AMS.
AMS
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ent is not re ort
ng wages
Coverage is not provided fppor any employyee for which the cl
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WOrkers
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RFPYNo9 22-09%10
2ppProject~Information:
-
the policy for employees leased from AMS.
liability as a co-employer under
C ADDITIONAL INSURED; INSURER LETTER: - '
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION
- - - DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
CITY- OF MIAMI BEACH ~ - IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THEiNSURER, ITS AGENTS OR
1700 CONVENTION CENTER DRIVE _ - -
MIAMI BEACH, FL 33139 ~ REPRESENTATNES, '
AUTHORIZED REPRESENTATIVE . ~.~~_ y __ -
DRD 25-S (7/97)
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