Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Academy Design & Technical Services
~- PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI' BEACH - AND ACADEMY DESIGN & TECHNICAL SERVICES, INC. FOR TEMPORARY PERSONNEL SERVICE PURSUANT TO REQUEST FOR . ' ~ . ' PROPOSAL (RFP) NO. 22-09/10. - ~ _ T is Professional Services- Agreement ("Agreement") is entered into this ~~day of ~ 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 ACADEMY DESIGN 8~ TECHNICAL SERVICES, INC., a Florida corporation, whose address _ is 1303 North State Road 7, Margate, Florida 33063 (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 independerit 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 VACATLON, 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 $each, .Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023.. 1 ; { 1 i ' SEC"TION 2 ' SCOPE OF SERVICES (SERVICES) '. " Consultant shall provide temporary personnel services, on an "as needed basis," as more specifically set forth in the Proposals documents " 2:1 MIAMI BEACH ONE-STOP CENTER. - ~ . ~ Consultant shall work with the One-Stop Career Center to recruit potential employees. 2.2 SCREENING INTERVIEWING, TESTING AND TRAINING Consultant will be responsible for screening; interviewing, testing, and training to include, but not be limited to: a - In depth interview that includes job .preferences, experience, goals, interests, attitudes, motivation and other-work-related attribute`s. . -Job-related tests to include typing and communication skills. . -Background. checks to include the Florida Department of Law Enforcement (FDLE)" . - - and Miami County as welt 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 alt 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 fiistory, 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 i nvestigation 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 $each. based on -the results of the background investigation. 2.3 QUALIFICATION _ ~ If a Consultant employees} 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 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 ease 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 shalt 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: e .Commencing with City fiscal year 2010-11 (October 1, 2010), the hourly living .wage rate will be $10.16/hr. with health benefits, and $14.41/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 ~ ~ . e Commencing with City fiscal year 2012-13 (October 1, 201.2), the hourly Giving 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. [REMAINbER OF THIS PAGE LEFT INTENTIONALLY BLANK] SECTION 4 ' FEE 4.1 COST OF SERVICES .Consultant agrees to the following hourly. billing rates: 4.2 91VV®ICING 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; - FuIF name of individual (s) performing the service (s); • Job classification; and ` • Number of hours worked. _ All invoices are subjecf to verification, approval, and processing by the City department requesting the temporary personnel. 4 - Position Bill_rate effective October 1 20:10 Bill rate effective October 1 2011 Bill rate effective October 1 2012 Secreta 1 $ 14.39 $ 15.21 $ 16.0'1 Secreta II $ 14.38 ' $ 15.19 $ 16.00 Clerk T ist $ 14.40 $ 15.22 $ 16.03 Clerk I $ 14.45 $ 15.27 $ 16.08 Clerk 11 $ 14.40. $ 15.22 $ 16.03 Clerk III _, $ 14.44 - $ 15.25 $ 16.06 Bookkee erWccountin Clerk II $ 14,47 $ . 15.29 $ 16.10 Customer Service _ Re s/Com taint O erator $ 14.39 $ 15.21 $ 16.02 Customer Service Re s/Communication O erator $ 14.40 $ 15.22 $ 16.03 Personal Technician t $ 14.39 $ 15.21 $ 16.02 Car enter - $ 15.68 $ 15.81 $ . 16.62 Li ht Dut Auto Mechanic $ 15.65 $ 15.80 $ 16:61 Plumber $ 24.35 $ 24.35. ' $ 24.35 Service Worker $ 14.42 $ 15.24 $ 16.05 A/C Mechanic _ $ 23.45 $ 23.45 $ . 23.45 Painter $ 15.02 $ 15.84 $ 16.65 Procurement S ecialist „ ~ $ 14.40 ,. $ 15.22 $ 16.03 Trans ortation Assistant 1 $ 14.42 $ 15.24 $ 16.05 Trans ortation Assistant 2 $ 14.42 $ 15.23 $. 16.04 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.'I TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to this Agreement, the City, shall thereupon have the "right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon .termination, the City shall be fully discharged from any, and all liabilities, duties and terms arising out of/or by virtue of this Agreement. " Notwithstanding the above, the Consultant shall not. be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, .shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's . right and remedies against the defaulting party. The. City shall be entitled to, recover all costs. of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE.CITY THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOl1T CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO _ CONSlLTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT. OE 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. to 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 unfil the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City terminates the Agreement 5 ~. ~.. pursuant to this Subsection the rights aril obligations of th'e' parties shall be the same'as provided in Section.. 5.2. ' SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6,'I_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 th'e'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 pursuart 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 fhe City in the: defense .of such claims artd 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 shalF 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 Mariager 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 musf be issued by companies rated ro 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 giverrto 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 contracf arising out of the performance or non-performance of any obligations imposed upon the City by thi s Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a.waiver of the Limitation placed upon the City's liability; as set forth in Section 768.28, Florida Statutes. SECTION 9 ATTORNEY'S FEES In the event that any party to this Agreement should seek legal or administrative recourse to enforce the terms of this Agreement, the breaching party shall be obligated to pay the prevailing party the reasonable attorney's fees and costs incurred by the prevailing party. SECTION 10 . ~ GENERAL PROVISIONS . 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or• written notice to Consultant and at any time during. normal business hours (i.e. 9AM - 5PM, Monday through Fridays,. excluding nationally recognized [legal] holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City (and/or such representatives as the City Manager may deem to act on the City's behalf) to audit, examine, and/ or inspect, all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and any and 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 vvork 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 judgmeht 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 Consultanf shall file's State of Florida Form PUR 7068, Sworn Statement under Section. 287:133(3)(a) Florida Statute .on. Public Entity Crimes with fhe City's Procurement Division. , 10:5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant. shall not discriminate against any employee or applicant for employment .because of race,- color, religion, ancestry; sex, age, and national origin, place of birth, marital status,. sexual orientation; gender identity, or physical .handicap. + 10:6 CONFLICT OF INTEREST • ~ ~ The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances. and Ethics provisions, as set forth in the Miami-Dade .. ~ 'County 'Code, and as may be amended from time to time; and by the City of Miami Beach Charter 'and Code (as some may be amended from time to time); both of which are , _ incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest .and .shall not acquire. any interest, direct or indirectly, which could conflict in any manner. or degree with ~ the ' performance of the Services. The Consultant further covenants that in the ,performance of this Agreement, no person having any such interest shall knowingly _be~ employed by the ' Consultant. . No member of or delegate to the Congress of 'the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall tie delivered personally to the representatives of the Consultant ahd 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, aIP such notices and communications shall be addressed as follows: . • 8 - TO CONSULTANT: ACADEMY.DESIGN & TECHNICAL SERVICES INC. 1303 North State Road 7 Margate, Florida 33063 ` Attn: Thomas Sholar, President 954-973-7600 954-973-4890 ~ " tom(c~adts.org 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 tie 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 entifled to notice. _ Notice shall be deemed given on the day on which personally served, or the day ofreceipt 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 ofithe 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 ter"m 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 ~_. J 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, FLORLDA ATTEST: . , „ .... ~ t~- BY~ C " - \ City Clerk Ma r fOR CONSULTANT: ATTEST: B Secretary -a~{-lv .Print Name ACADEMY DESIGN & TECHNICAL SERVICES ING President ~/~Qf7lalf ~Jj~~K ~221i%~ Print Name /Title W4~1 L ~M G~ 1~ ~ ~,y l •ytic" S ~ y: Zj / ~ w ~~ t! ~ a" t t.. ¢ ` {NI ~ ~ .w.r v ~e ., ~M ~y L lj7 ~.. ~.y '~, t '' ~"~ ~~ F L . .1 ~y g rf ~` y/~ ~ 4 ~ ~..- .r _ APPROVED AS TO FORM & LANGUAGE &fnH EXECUTION ~ 6 5 (b t Attorney Da~ Y 1,0 i _~_ - ~. EXHBBIT ~4 t7RDEN,~NCE Nt). 20~ t~-~ssz 1tN.ORDtNAtVCE OF THE MAYQR ANC) CITY COIt+tM15StON t,~F THE GTTY CAF MlAiii91 :BEA'Ct-1, FLC}RlDA, ,AMI:NQtN:C Cf~APTER 2 OI~ Ti~E CITY' .CEDE,. ENTETI::ED, "ADMINiSTRA'Tt~N,~~ Bl'' 4MEN~tN~ ARTICLE ~/1 THERE.OF ENTETLED, "PRUCLIREMEN3`";~ 't3Y ;i4MENUING DlVISIOtV ''6. EtdT17'l:ED ~ ~ . :j`LIVING 1t~AGE REG2111R1=MENT5 'Fbf2 SER1JtCE Ct7C~lTRAGTS AND CITY EMFLClYEES:", SEGTICitiiS,2-407 FHROIlGf-I 2~1fl THEREII+3; .AND t?ROVI.DING FI~RTHER FUR Ct~DIF1CA,T. ION; ;SEVERAQILt7'Y; A,ND. At+! EF~EC'1'Ct/lw `C1aTE. , MC31M, T#~EF~E~t~RI=, BE IT C~F2DA[NED BY THE: MAYt~R AND OITY Ci~1tilIMtSSION C3.F'"THE: C(T4''IJF tVlli4;Ml. BEACH, FLQRIDA: y 'SECTIC)N°1. - That Chaptor 2,.Article Vi, Division 6:; Sec~iaras:2-40? through 21'0, ~ifi `fhe Code>c~f the City of IV(iam Beach, Florida, °is hereby>amended as foliows: DIV`[S[ON. 6. L.IVItd~ .1AtAGE .FtECt€JIREMENTS Ff7#t =SER1ltGE Ct31!+ITRI4GTS AN17..CITY` EMPL~YI=~S 'Ssc 2-4x7 Definitions. __ City.meat~s the government of Miami Beach or :any ;autharized ,agents; .any board.;. agency; cammissian, department, or other erTfity:thereof, or any successor theretra: Caverecl=ernpl~yee means arryor~e :employed by'the city or ~anjr service contractor.; as furfher:de~ned in:tf~rsdivisian; eitherfuJl:orparttime;as.an.employee~.wi~fi or~+vifhout.kaertefrfs,er Covered:emp/over rrreans 'the city and any -and :all :sentrce:.corrtractors, -viriaeffier contracting directly or indirectly vv~th ttie city; and:srabcontractors afa.service contractor: Servrce ;eorrtractr~r is any rndruidwai, ~si~eas-ems .ar~rporation (whether for profit .ar riot for profit} partnership, limited I-abi[ity company; joint venture,: or sr~i~€a€o{~er business .entity who is conducting business in Iviiami ..Beach, - , _and who is either~ieets ~=1. paid in whale ar..part:from one or more of the city's general fund; capital pra}ect fads, .special revenwe funds, car any ather '€unds~ eit#~ ;.(, es#~~-edifier," whether by coiipetifive bid process, informal bids; requests for ,proposals, some form of solicitation, rteg"otiator, or agreerrcent; or any .other decision trr enter into a contract; :or ~2: €eng~ged in "tEae :bus'iness of; ar part of; ~ contract to provide, o subcontract tti provide; . ,, seruices, e±#~er for the benefit :of the city, .However; this does not apply to.contracts.related primarily to the sale of products or good. ;Covered services are the type of services purchased liy the city that..are. subjec#.to t1?e . rep~irements °of this division-vttich'include.,the fcillov~ring; " t`1) City :service :contracts. Contracts irivcilvirtg ,the city's: expenditure .of ;over $1 OD;1j04.U.0:per:year and which inolude'fhefollowing types :of setr~ces a. F.god preparatiari andlor:distribution,'' " a_ Security s.ervtces, . c. °o~tine ,i~ii~se,^~~; n:.e serYtces: -such as custodial; cleaning, ;~( ~i€e~s;.refuse<remova[, repair; refiriishing, and: recycling; . d_ , Clerical or other non :supervisory office -work,. whether temporary or " ,permanarat; e. ~ Transportationand :parking services;, - f. Pi'itting and reproductaan;services;:, ;g. Landscaping, :lawn, and or agricultural services;: and :,~ }i. :Pai'it.and public place roe maintenance. ;( ~2} Should any :services 'included in subsection 1(a) -- (h) that a.re being perFormed by <city ernplQyees at .fhe tirrie `this divisioca.:is enacted be. solicited in Vie. {uture .by fhe city to be performed :by :a service contractor, such services:shall _ be covered setvices ~subjectto this i~ivision: `Sec. 2-0.8 Living rsvage. (a:) :Living wage ..paid. I t"1;) 5eruce;.cc~ntractors. any service contractors, °° ~^~~°^' " , ~~,:r ^~~ ,~~;^^ l entering <into :a covered services :contract with the city shall ,pay to all its employees:who provide services covered'byttiis divisiflr3;-a living wage o"f no less ~~ ~ than $611:28 an haur.with health :lasnefits, or a`living uvage of net: less than $9-8-1-1 x:92 .an<hour without health :benefit ., {2) f?hase-ink-e~ley~es: Effective .Qctaber 1: 209fl, the living :wade in ;subsection fa) :will be implemented :gin .a ;phase-in :basis beginning in the. _^^~ ~~8^010=2011 city 2 budget year; increasing on an annual basis incrementally so (hat the living wage is fully :implemented far si#~covered employees in the ''^'"'^2012-2©13 .. city .budget. year` (b). Health benefits; eligibilityperiod. I`or a covered erriployer "or the city to comply with ~. the living .wage:i&ialareguirements of this division by choosing tp pay the lower wage :scale available when a covered employer also provides health benefits, such health benefts steal[ consist of'payment of at least $~-~~1642 per hour toward the :provision :of a health benefits,:~ian `farcnvered employees and ttieir'dependents. ~; If the health .t>eriefits .plan o#'.#-f~a covered employer e~#-f~a-eit~ requires .an'irtitiaf period: of employment far a new employee :to be eligible fot health .benefits ,(eligibility period) .the living wage ~avisist~requirements of this division sFiall :be :deemed to ~ehave~`been :complied uvitli during the eligibility peraotl prpvidecl the .covered err~ployer'e~=t3~ commences to pay tithe applicable living.'uvage;rate without }iealth .benefits "effective as :of the. date of hire::afi the .covered: employee: Upon cor~ipleticin of: the eligibility periled, and p~aviderl .the ~einw employee wil! be proV.ided :health 'benefits, a covered emplgyer m.ay commence to pay the ~~.~~ ~^ "^~'..•~^^~ ssali~agn}icati(e living wage °rate with health:benefits I Fr;dof of the .provision of heatthbenefts must.be sutirriitted to:the.av+i-~~'~ar~}{city's :l :procurement director to quaf'ifj?~for the wage rate for.emplayees witH healtH benefits. {c1 AnWaal OAeri Enrallrrieit%Electiori.ofBeiaefits~ if a covered" 'employee is :being:paitl the:,Hourly living wane rate with hea#th benefits and elects, during such :Qeriod flf fitne :(but nil 'less than once citii-inct the :covered eniplayer's 1=rscal yearl ors whicfi the covered erriploYeF `perrriits :its :employees an ool7ortunity to .change their Health tier-efits clan covei~ape `i'hereiriafter sucfa eleition period shall'°be .referred to as the "annual "ocaen enrollment >3eriod") to nd Il,ric~er .coritinae _receiviriq ciayEraCte ;under the employer:'.s .:Health 'beneftts plan. then - . ~notwith5tandtri~'the"covered _ernploVer's contirtuinq to offer.a healfH `benefits Man to emt5ldyees -the coyeredei~ploVeia (electirig ouf:of coveracte during the annual.enrt~ltment.period~ shall by the next pay •period, tie paid the appiicable'hourly living waoe rate without Health benefits. l"he covered employer ~rriay:, `ir its reasonable lui~gment and discretion, determine `the length of time Usina the pronasec3 three =f3) year phase-in, commencing :with . aityfiscal vear::2010-11 (October 1 2010). the livino wage rate will be s1D.1BIhr.. with health benefits and s1h_411hr without bens#its~ aommencinq with city .fiscal year'201'1-12~October 1' 2011) the living -woes rate wiN be X10 ~2/hr•with health :trenefits: ahd $.`1:2.17 without benefits:..and commencing with city fiscal year 2012-"(3 fUctober 'l .2012), the living wade rate vrill f?e ~11:281hrwith health benefits and X12.92/hrwithout benefits, '2 Using the proposed these (3) year phase-in pursuant to Section 2-408(2), commencinel .with aity fiscal Lear 2010-1"1 fdctober 1. 201 D), the health :benefits rate: wil[ be ai least ~1.251hr commencing with ,city fiscal year 2011-12 October 1, :20111:. the health benefds'rate will be 'at least ~1.4v/hr: and commencing with city fiscal near 2012-13 fO.cfober 1.'20127. the health benefits rate will at least 51.64/hr. 3 for:the annual open enrol{meat period: may require employees to complete and return a benefits election form: and, in the event that a covered emp{ayee does no:t complete and return such (ds) Indexing. The-living wage rate and healthcare benefits rate ~illmav, by resolution of the. city commission be ~tisa~~ indexed eac~yannualiy far inflation using the.Miami PMSA Donsumer Price tndex.f4r all Urt3an Consumers (CFI-U) MiamlFt. ':Lauderdale, issued bV the U:S. Department ofi' Labor's Bureau of .tabor ~tafistics. Notwithstanding the preceding, no-annual index shakl exceed three percent (3%)~ nor shall ah ` annual inceease exceed the corresponding .annual compensation increase (if env) ,provided to , unrepresented (i.e. ~anciassified) city employees. The city commission may also- try resolution elect :not to index '.the living wa~erate. in env particular year, if it deterrriines if would not be fiscally sound.toimplement same~'~°~-Q din a particu{ar years. The determination to index {or ' not indeX} fihe Iiying wage rate shall `be considered .annually during the city rommission's review anal approval of the city's annual .operating budget. r~yleW and:approVai of the cltY`s annual operatlnq budget. :; ,(ed) `i/s~cai`inn. required before ,payment: izlr±y and .aH confracts for'cauered. services s#}allma~ :be voidable; and no #unds may be released, :unlss's prior"to :en#ering any "agreement with the:city:for a covered .services .cantracf, the eley~service :contractor certifies to the c[ty that it-jrvillpay each of ats covered employees no less than the lining wage despribe~:in section 2-~iDB(a). A.,copy :of :this :certificate must. be made ;available to 'the pudic upon requesf, The certificate, at a,'rninimUm, rriust include the foiiowing: {~ j The name, :address, ;arid .phone number of the .covered employer, a local contact.person, :and the specific prajec~"for-which the .cove.recl services contract:is . sought; {2) The :amount of the covered services ~corifract.. a brief. "description .af _the project:or service provided.:and the city department the contract. will serve; • .I ~ > ~4~ A sfiatement of :the wage levels for all employees; and {~4~ ~ .commitment to°pay all covered employees Bathe IiVing wage, as :defsned by section. 2-4D8(aj. and irictuding, without .iimi#ation, env annual indexes theretfl (as provided in section 2-408(4). 4 __ ~ Vie) lJbservaflon :of ofher laws. Every covered employee shat! be ..paid r<ot less: than biweekly, and without subsequent deduction or rebate on any account. {except as such. payrgll d.eJtuctons as are directed ao perrriitted by law or by a cclective bargaining agreement3. The .covered emplt~yer.shall °pay covered .employees wage rates in accgrdance.with federal and all -other applicable-laws such as overtime and similar V+iage laws. (g#j Posting. A.copy cif the most current living wage rate shall .be kept posted,by the covered employer atahe site of the work.n a:praminent place where it can easily be seen and read by the covered employees: and-shall also be supplied to ~hean employee vvithin a reasonable time after a request to do:so: Posting requirements wiii,not be_ required:where 'the: covare.d:emp.loyer prints :the #opowing ::statements on the front of the covered employee`s first payctreek and every six ~rnanths thereafter. "Y4u are.required by City of Miami Beach law to be pa'sd a# least $~6 dollars (NOTE: Covered emntover to insert atypticabte tivtnq u-age ratelan dour., tf .you are not paid this hourly rate;. contact your ernplo. yec, an attorney, or the Gity :of Marr#i Beach." A(I 'notices vuill;be,prinfea in ~ngiish, Spanish,.arid .Creole. (1~) Collective bargaining. Nothing:n this :division chap be read to' require. or:authiacize any cavered employer 'to reduce wages. set .by a collective ba[gaining agreement oc yeas required under any prevailing wage law. {i) Tits credit .exemption. -For a <covered employee who regula~ receives tips or gratuities (hereinafter "tips) as part of liis/her pay:.a covered- employer wilt be .exempt €rom . payment :of`the.applica}31e tiourly living wade-rate fQi-~sucli'smployee provided thaf:the followinct `regoirements are rriet: . 1, in order to qualify fcr the ezcetition the covered erniiaver must claim a -"tip credit" under the federal Fair Labor'Sfancl~r~ls Act (ELBA): - iiL2yctGU~ct3t}JttJyCGJ 1JtCCl-U1C C11l.iJ:UJiJLY 1CyUlf-CfIlCJtl29~ 1UI lP1C-IijJ~~(:f:B{7(T unQe~~Irle~ FLSA: 4: Tiie cavered employer may Drily .credit toward.satisfaction .of the :appli.cable hourly living wage requirement, tips uR to the maximum amount of the allowablir tip coedit; and ~: The covered empioyee's figs plus direct .hourly wage combined must add up to.at-least the applicable hourly liuinq wage-rate. Natvuithstandinca anything in :this subsection, tipped -covered emtiloyees must :receive at least the .applicable hourly living wage rate whentheir direct waoes and tips are.combined. 5 Sec.2-409. tmptement<ition. jaj Prc~ctrrem.ent spe,crl<cations. The lCVing wage shalC be' required in the procurement specifications for all. covered services contracts- :on which bids or - proposals •s#~-Beare .solCcitr~d .an or .after ttie effective .date of fibs division.. The .procurement s ecifications' -.. . p shall include a requirement that ervice :contractors 'and their subcontractors agree to produce ail documents and records relating to - payroll. aril cornpfiance with this .division upon request. °from the city. ACC :covered service • contracts awarded subsequent to the date when this .diuision becomes effective, :shall be subject to the requirements of this xlivis'ion, . All procurement specifications .frsr cit : -covered services contracts shall include ` . aC3prc~pnate information i~bout therequiremerits of th"-s division, ~ . ~s~ Nlairrtenance of payroll records: Each covered employer shaCl maintain -payroAs for all covered employees and .basic :records relating thereto and shall preserve them for a period " of tCzree wears or xtze::term of the covered services contract, whichever is greater. The. records shat! contain:. {1,) TC3e'name :and-address Hof each couered'employee; " . {2j The job:tit(e and classrfica.$ion; ; C;3} The riuriber of hours wui~iced;each :day; i (4) l'he gross:wages.eamed and deductions made, .. -'(~} Annuat wades .paid; ~6~. A. copy of the:social-se:curity.retsarns. and:evidence of payment thereof; ~'I} .A .record .of fringe 'beneft payments: ,ncludCrig contributions to araproUed fsfans; and {.8j .Any. iithei• data orinformaton this. division shouCd regaire :from time to time. • • (~~ Reportirg:,payroll: Every ,six,~trionths, the cowered ei~ployex shall file with the - cit 's prbcvrerrrent diregtor a cornpiete paytolt showing the covered ernployer':s payroll records for peach covered employee working on .the. oover•ed .services cor~itract.' for one payrcalC period.:l:lpon request from the city, the .covered :employer shaCl produce #er- Cts;payroll records for' arty or ail of its covered employees ~.for<any :period covered ;by the :cowered seruices :contract.. The city,:may examine. inspect. and/or copy such. payroll records as needed to•ensure compilance with the requirement of this derision. 'Sec. 2-41.f?. 'Gomplianee:and enforcemsnt. raj ;Service contractor to cooperate. The service contractor :shall permit .the .city .~^~^~,,,,°~° n°{c ° °^t°+".°~::to observe work being performed at, in^or on the project ,' • .or matter forvvFiieh~ the covered services contract was issued: The city - r°°°^{°+~~~°~ may examine the :bo.o.ks and records of the service contractor relating to the 6 em~iloyment and ,payroll to deermine if .the. service contractor. is in, compliance with the :provisions af`this division. (t?) Complaint:pracedures and sanctions. ''{.1) ;9~a covered employee,. or former covered employee. who believes that this diyision:applies er-~pl+ed to him.gr Fier and that a~~~ ~~^-~~~ ^^~*r~~f^~covered employer, °~~,-z;~-~tya is a~as pat complying with the requirements of fhis divisions has a right fo file .a-an administrative complaint vvifh the , ~"~~~ ci~}r's procurement director. ,Any individual or entity may also file a . complaint :with the procurement. director of the city on behalf of covered employee forinvestigation by the city t2 Complaints by employees of alleged violations shall be made in writing , within -one f11 'Year after the .alleged violation occurred: No complaint shall be° within .the jurisdiction of the city under the administrative;eompiaint procedures in this division if the complaint is filed more than one (1) Vear after the alleged . violation practice_nccurred.. . f3) The complaint shall be signed by the person making the complaint based: and~:such other information as°maY be required by-the city. The complaint. may be fled by personal delivery, `ordinary mail, or certified mail, addressed to. the .city's procurement director rr~ay--be 'r~aade- at a~,, *;.~^~ ~^^' ri'^^!! '^°:. ~~' ~ ,!} .~.c,.:ll t,e .~t,e ~ roc..,,.,c;hi(;4~i .:t.}The :city's..procurenient~ director shall notffy.~ the :complaint, or a .denial .of any knowledge ar information thereof: sufficient to forma :belief, .Any allegation of the complain# which is not denied -shall be deemeri :admitted. . j_5} . If ;an .answer is filed, ttae procurement director .sha11-cause a copy of the answer to .be served on the complainant. If'the respondent elects.not to answer the .complaint: Cher! the matter shall proceed nn the evidence in support of the complaint. 7 [6} Whenever a verified written complaint is filed pursuant to this.division the procurement director shall make. a prompt :investigation of is-it~t all °allegations of violations in connection therewith and forward to the city manager a written summ ~ of the investigation s~#I~is-divista+~ within X860 days after the complaint is flied. !f, ^* ~^~° +i.Y.r +"° ^i+„ upon his/her review C}f the complaint. answer (if filedl. and investigati.ori,the city manager deterrrtir-e.s that a violation>of this division 'has occurred, ~itthe c#v shall, within teathirty working days of.a - finding of noncampfiance, issue .a :n.ofice of corrective action,. in rrvritinq, a#to the respondent: -ems specifying all areas of nancompfiartce and deadlines foc resolutions of the identified violations: A copy of the :city manager's notice of corrective action shall be sent #o the compla-inane and the respondent.bV certified mail, return receipt requested; or by hand .delivery. 17~ [.f a espnndent -fails to cor~tply with any or all of the resolutions for the ider~tiffed •violations within the deadlines provided .in the 'notice-issued, the city manager ` . may issue an order, in writing to the respondent, by certified mail or hand :delivery, i~otifyirtg the senric-~ ^~t;-~r_respondent to appear ~t an admirtisfrative hearing: before the cl+j ~=^a.ger of =ha-.ems-;~;~~?-s-dc~ .one of the city's sitting special masters: 'to be held at a.firne to.:be fired in such order,: A copy of the order shall also be sent:"to the:coril~iainant bV certified mail or`harjd delivery. (~~. 'The- hearing .proceedings shall be informal, Viand shali.affard the se~uise sat~trespondent .the right. to testri;+ to liisJher ~ own defense; .present wifiesses; be :represented by cpunsel, subtr#it relevant - fi i~vdence,, gross examine ~siitnesses~.and abject to evidence. (~1 r3), The proceedings. shall be .recorded .and :minutes kept by the city. Any ^ respondent .requiring yerlaatirn rriint.ites fear judicial review may arrange' for fhe services of a :court reporter .at the expense of the ..seruise sewrespondent: - X11 `nil+T t1 an the close _of the hearin the : ' special maste _, shall render a decision in writing :determining whether ornot-the esgondent is in corripliance;_ ar whether other action .should be taken,. or whether the matter should be continued,, as the case may be;~ and stating the reasons and. findings ofifact. - ~~..~~~ The t+Ity rv~ar~.~rvcr nr +{~n ni+t~r mar,.+ner~e. rdcninnoo r"nll .file "f;r~:-7innr- .wrih~ +".~ ^i+„ ,:iar~ °ha .shall send a true and correct copy of ~isthe order`by eertif[ed mail, . return -receipt requested, or by fiand delivery, to 'the '~' respondent and complainant., 8 ~'!3 The:^i+,. ~,-,~n~„ar~ nr special .master's ' ,~ (,_) ~esigriee•s .findings shall constitute the final administrative .action of the city for purposes of.judicial review under • state law: An .aaarieved caarty. including the city administration, may. .appeal "a final administrative order of a special master to the circuit- court, in accordance with Section 30-7T Hereof. {~'i4 if a respondent fails #o seek timely appellate review of an order of the ri+„ .,.,.,.,nor nr +~,n special masterri~+„ ^,~^^^a+`c -~~~;^ra~; or to cor~iply timely with such "order,. the city may: pursue. th.e enfaroement.of sanctions setforth in section 2-4'10(c). {c} Private ;right of :action -agafist covered .ei»plover. :Any covered erpployee ~€ .or'former covered erripioyee of "a service. cantract~ar may; instead ofi. but riot ih addition. to_ .utilizing the "si~'administrative complaint procedures ~e~ in .section ,2-4'10(b}t#is bring, an .action to enforce the' provisions of this - division by filing suit against the 'covered' employer in any court of competent ~urisdiction~i • a~-pes#s. Uoon :a fmdna by a "court of competent iurisdietiori that: a covered empioyet • unlawfully "withheld .wades `under tills division such covered "employee shall be entitled to an award of:unpaid or underpaid wages, to reasonable costs and attorneys fees and: in addition, `ta . liauidated.damaaes in a sum-eauai to twice-the amount of wages the covered employer is found to have -unlawfully yirithheld 'in order to 'compensate the covered employee far the economic - " losses they"suffered by reason:of~nat receiv"ina their wane at the time it was due anal in order to deter future noncomplianes by-the covered employer. `The a.p~ilicable statute of limitations for such :a claim will be two~earsy: as:.provided in "€S--~Sectian 9.11(4){:c;}, Florida Statutes, as '...same -may be :amended from'tirne .to.':fime. for an ;action:for pajrment of v~rages,~ae-sag _, renrir~n r+r~in+r~+n+nr is fn.,n.d+n hn roe-rirti 4-~iee-1'fhic i3 i,sicnr•+ • ~ . {~{d) Sanctions..against"service,contractors. F'orvrcilations"of this division, the city shall :sanction a service contractor :try requiring tfie .service'contractnr tb pay wage restitution at :the ea~+p~i}~~scontractor`s :expense for a'the affected covered .ernpioyee and may "alsoassess Neyti~~take the follawina :actions: ~'€} The.:city rriay irnpose.damagesl " " #or' each week -that the covered employee ":was found to Have not been paid in accordance with this division; andlor 2 The cit ma sus end nor a ment under:the covered services ..I {) Y Y p p Y eciritract and/ar terminate the contract wi~t~hp~the service con. tractor; .and/or • ~{3} `The city may dec{are the ea~le,"'service contractor ineligible :far future service contracts 'for u~to~three ~3,~years or .until "afl. ~°^^'a^a restitution • #avehas been paid in full to the cove-red employee and alf .penalties (if "any).paid: to the cifv, whichever i longer:: and/or '^ ~^'^'~• ^n eY„~~n,.e~~ .~h.,~i o 9 (i;j Public. record of sancfions. All such sanctions recommended or iinposed.shall be a • matter::af pub[ic;recocd. {f) unctions for, aiding. and abeiting. The sanctions in section 2-410(sd~ shall also apply to oily party.or parties aiding and abetting in:'any vialation .of this division. . (g) FZetaliafon anct discrimination ~arrecl. ~ covered :mp(oyer shall not discharge, reduce the compensation of, :or otherwise. dlscrirninate or take adverse action against any covered employee .in retaliation for exercising the rights. protected under this division including; viithout limitation, malting a complaint to rile city, n n}Y.yaneree.n .~scco.+inn tii nr har ~;,,h+~ under of such right tee.. ~,~h~~ ,~,:~h: +~;;~. ,~~^~;~;^^. Allegations of ,retaiiatiort or discrimination, 'i€ found #rue_ ;i~-~ .shall .resort in ~an order :of restitution and reinstatement of a discharged covered employee with f -back pay to the date of the i~ilinq of the complaint with the city: a {h) Enfarcerrienf ,powers: If necessary for 'the :enforcement of this :division,. the city corrmmissian 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 .af disobedience. of .the subpoena,. :the ;city' attorney may appljr<to a:court of competent jurisdiction for.arr order-requiring the:attendance- end testimony of ~ntitnesses and production pf books; papers, records.; .and documents. Said- court, in :the case of .the refusal to .obey such subpoena, after notice to the person subpoenaed, and, .upon finding that :the .attendance .or testimony of such witnesses of the production .af such books; papers, records, and documents;,, jas the case may bed is relevant or necessary:for-such hearings, investigations; or proceedings, may issue an order requiring the attendance ar ~; :testimony of such ..witnesses or the prodaefian of such .documents, and :any violation of the . court's order maybe. puriishabie by -the court as confempt thereof. ~'i) Remea'ies herein nnnexalusive. No remedy set forth in this division. is.intended to be exclusive or,a_prerequisite for asserting a claim far re(iefto enforce the rights under this division in a court _of law; This .division shell not 'be construed to limit :an employee`s right to bring a comrr-on law cause.of action for wrongful termination provided. however. that if a complainant. has previously"initiated or initiates a civil action in a court of competent jurisdiction alleging a vialation of this division. or other matter.' with respect to the :same grievance which is the subject of an administrative complaint pursuant to this division then the administrative oompiaint shall not be {or shat{ no longer be as the case may be) within the jurisdiction of the city under the administrative complaint procedures established herein. ~ . 10 the costs of implementing and enforcing this division. SECTlDN 2: SEVERASILtTY: if any section, sentence., .clause or phrase . of :this .ordinance is .held :to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shad .in no way affect. the validity of the remaiping portions of this ©rdinance. SECTlaN :3: CODIi=lCAT[Qht. . tfi'is the irttentiari of the "Mayor artd..City Commission of the City of Miarrii Beach, -and it is hereby ~nrdained 'that the :provisions of this ordinance shall'become and, be made a :part of the Cpde.of.the City of Miami Beach, Flflrida, The secfions. of this ordinance rnay,be renumbered or reiettered to accomplish-such intention, and the word 'ordinance" may be changed to "section" . "article," ar ofiher:appropriate ward. " J SECTlCtN 4, IrFFECTlUE DATE. This Ord'inanca shall take effee4 ten ~days.fi~tlowing adoption. PASSEI~and.Al]:OPTED;this, ~' ctay of J~'~t , 2iT~4Q. ATTEST: lllIAYQR GtTY CLERK F,IattolAGL1RIRESOS-OFtD1L'iving Wage Ordinance-Amendmeni(Second`Rsading s=9-~~).docx COVERAGES ACORD 25 (2009109) A4_..Vlr~,:v- CERTIFICATE OF LIp BItLTY INSURANCE DATE'(MM/DDIYYYY) ,~,,:. - Kmalcat,; 0~,24,Z0,o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER - ' CO T C _ - NAME: Alexander GBOfg81a5 ' . WOrld Wlde SpeClalty PCOgCamS, 1nC. PHONE FAX Lo Ezt : (631) 390-0900 x165 631-390-0922 (AfC, No): ~ 68 South Service Road, Suite 235 . A A eor al s@ s i g g a ww p .com PROOUCE Melville, NY 11747 - - ix CUSTOMER.ID #: 2379 INSURER(S) AFFORDING COVERAGE NAIC # INSURED ~ - - ~ ~ INSURERA: NatlOnal llnlOn Flre 1nSUCal1CeCOm an Academy Design & -Cechnical Services, lnc. INSURER B 1303 North Statc Road 7 - t FL 33063 M INSURER e arga e, - - ~ ~ INSURER D : ' INSURER E : - INSURER F ~~rc r rrrz=rar r rvr uvrnrrt• vFVrcrnnr nn innrsco. -------------- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR: `. ~ TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY BFF MMfDD/YYYY POLICY EXP MMIDDfYYYY _ LIMITS GENERAL LIABILITY ~ ~ EACH OCCURRENCE ~$ i,000.OOO X COMMERCIAL GENERAL LIABILITY .~ ~ AMAGE O R NTED PREMISES Eaoccurrence $ 100 ~~~ CLAIMS-MADE ~ OCCUR MED EXP (Any one person] $ 5,00 A X SSL9519667 OS~Ol~IU .05~01~11 brrOrsand~1T11SSlOriS PERSONAL&ADVINJURY $ INCLUDED - GENERAL AGGREGATE $ 3 OOO OOO GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMP/OP AGG $ INCLUDED - X POLICY PRO- LOC - $ AUT OMOBILELIABILRY ' COMBINED SINGLE LIMIT ANY AUTO . BODILY INJURY (Per person) $ ALL OWNED AUTOS - BODILY INJURY (Per accident) $ ,q .SCHEDULED AUTOS SSL9S 19667 OS/0]IlO- gS~Ol~ll . PROPERTY DAMAGE $ X HIRED AUTOS - IPer accident) X NON-OWNED AUTOS ~ $ $ UMBRELLA LIAB - OCCUR ~ EACH OCCURRENCE $ EXCESSlIAB CLAIMS-MADE AGGREGATE _ $ - DEDUCTIBLE ~ [/~~ ~ ~ $ RETENTION $ ~ -_ lD J, $ WORKERS COMPENSATION WC STATU- OTH- ~ AND EMPLOYERS' LIABILITY -TORY LIMITS R V f N ANY PROPRJETOR~PARTNERiEXECUTIVE N ~ E.L. EACH ACCIDENT $ ^ -0FFICERlMEMBEREXCLl.Q7ED9 fA (Mantlatoryin NH) - ~ E.L. DISEASE - EA EMPLOYE $ If yes, describe under ~~ ~ - DESCRIPTION OF OPERATIONS below E.L _DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 707, Additional Remarks Schedule, if morespace is requiretl) City of Miami $eachl is included as an additional insured with respect tothe General Liability. ~ ~- CERTIFICATE HOI_~ER CANCELLATION - 279 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ProcuYement Division 3rd Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Mianii Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach, FL 33139 - ' AVTHORI D REPRESENTATIVE Dorothy Taylor .~--~ U 99tftf-"LUU~AC:UKU GV~YVKAIIVIV. All rlgnis reserves. The ACORD name and logo are registered marks of ACORD ~.~Q~ CERTIFICATE OF LIABILITY INSURANCE 4 CERTIFICATE NO. /DATE AC10-11700009-92836& 9/24/2010 9:37:59PM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Highpoint Risk Services LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE '14160 Dallas Parkway #500. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas, TX 75254 (800) 632-5096 (972) 715-0959 - Fax: (972) 404-9450 INSURERS AFFORDING COVERAGE __ INSURED: AMS 1/c/f: INSURER A: om anon. an sua t - urance. ACADEMY DESIGN & TECHNICAL SERVICES INC.. - INSURER B: 1303 NORTH STATE FD 7 STE B-3 MARG AT5 FL 33063 ~ INSURER C: . , 1959) 973-7600 Fas: (954) 973-9890 - INSURER D: INSURER E`. ' " ACORD 25-S (7/97) 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 TYPE OFINSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO - LIMIT S GENERAL LIABILITY ~ ~ EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any One Fire) $ CLAIMS MADE ~ OCCUR' MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ' ~ ~ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ , POLICY PRO- LOC AUTOMOBILE LIABILITY - ~ COMBINED SINGLE LIMIT ANV AUTO (Ea accident) $ ALL OW NED~AUTOS - ~ BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS - - BODILY INURY NON-OWNED AUTOS (Per accident}' $ - ~ PROPERTYDAMAGE (Per accident) $ GARAGE UA8ILITY AUTO ONLY - EA ACCIDENT $ ANV AUTO - OTHER THAN ~ EA ACC $ AUTO ONLY: AGG $ ' EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ^OLAIMS MADE ~ AGGREGATE $ $, DEDUCTIBLE - $ RETENTION $ "$ WORKERS COMPENSATION AND WC77779991701 04/~Ol/2010 04/0.1/2011 X we sTATU- oTH- EMPLOYERS'LIABILITY - ~ E.L. EACH ACCIDENT 1000000 $ A ~ EL DISEASE-EA EMPLOYEE- $ 1000000 E. L. DISEASE-POLICY LIMIT $ 1000000 OTHER - LIMITS $ LIMITS $ - 1. This certificate remains in effect, provided the client's account is in good.standinq with AMS. any employyee for which the client is not re ortinqq wagqes to AMS. Coverage is not provided for yy e laE ? E Y E i D r s e l 102~ under employer as co liability on Employers Compensat & kers afforded Wo Insured is 04p01/2010. the ppolicy for emplo ees leased from-AMS. • ***PLEASE SEE ATTACHED EMPLOYEE ROSTER.*** ADDITIONAL.INSURED; INSURER LETTER: !`ANI!`CI I ATI(lAl - . DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 3 0 DAYS WRITTEN ' ~ ~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT.FAILURE TO DO SO SHALL - C I i Y OF MIAMI BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1700 CONVENTION CENTER DRIVE MIAMI BEACH; FL 331391819 _ ~ REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ' ~, - ~ ~ © ACORD CORPORATION 1988