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Creative Staffing
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND. . . CREATIVE STAFFING, 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 . ~LJDL3C'IC, 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 CREATIVE. STAFFING, INC., a Florida corporation, whose address is 7700 North Kendall I Drive, Suite # 300, Miami, Florida 33156 (Consultant). SECTION ? DEFINITIONS Agreement: This Agreement between the City and Consultant, including any ,exhibits and. amendments thereto. City Manager: The Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be - an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall. mean City ,of Miami Beach Request for . Proposals No. 22-09/10 for TEMPORARY PERSONNEL SERVICES ON AN "AS-NEED BASIS" FOR REGULAR CITY EMPLOYEES WHO ARE ON VACATION, together with all amendments thereto,. issued by , the City in contemplation of this Agreement (the RFP}, and .the Consultants 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 Faoor, Miami Beach, Florida 33139: telephone .number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES (SERVICES) Consultant shall provide temporary personnel services, on an "as needed basis," as more specifically set forth in the Proposals documents 2.1 MIAMI BEACH ONE-STOP CENTER Consultant shall work with the One-Stop Career Center to recruit potential employees. 2.2 SCREENING, INTERVIEWING, TESTING AND TRAINING "Consultant will be responsible for screening, interviewing, testing, and training to include, but not be limited to: - In depth interview that includes job preferences, experience, goals, interests, attitudes, motivation and other work-related attributes. - Job-related tests to include typing and communication skills. - Background checks to include the Florida Department of Law Enforcement (FDLE) and Miami County as well as credit history for positions that may requires the handing of City funds. - Verification that its employees are not convicted sex offenders. - Training employees on the City's Service Excellence program. Prior to the start date for all persons receiving a work assignment with the City, Consultant. is solely responsible for providing the documentation comprising. the results of the background check performed on these persons, including the results of the criminal background and drug test. When requesting temporary services to fill the vacancies dealing with sensitive information, or in safety-sensitive positions (i.e. personal or financial records; driving heavy equipment; etc.), the City shall have a right to request additional background checks, including, but not limited to, credit check, driving history check, civil litigation history, and additional medical evaluation. All components of the background checks must be current (conducted within the previous 30 days). The Agency shall bear the full cost of the background investigation. In the event the provided background check(s) shall be deemed unsuitable to make the determination about the person's eligibility to obtain a temporary work assignment with the City, the City shall have a right to perform its own background investigation, and any expenses associated with this investigation may be charged back to the Agency. The City reserves the right to accept or refuse any or all individuals for temporary work assignments with .the City of Miami Beach based on the results of the background investigation. 2.3 QUALIFICATION If a Consultant employee(s) assigned to the City is (are) found to be unqualified for any specific assignment, the City has the right to return such employee (s) at no cost to the City. The City shall be the sole judge of the individual's qualification and its decision(s) shall be final. 2 SECTION 3 TERM 3.1 TERM The term of this Agreement shall commence upon execution of this Agreement by the parties hereto, and shall have an initial term of two (2) years, with two (2) one-year renewal options, each to be exercised at the City Manager's sole option and discretion, by providing written notice of same to Consultant no less than thirty (30) days prior to the expiration. of the initial term (or the first renewal term, as the case may be). 3.2 TEMPORARY TO PERMANENT In the event that the City employs a temporary employee, no damage fee (i.e. temporary to permanent charge) shall be assessed. 3.3 CITY OF MIAMI BEACH LIVING WAGE ORDINANCE REQUIREMENTS This Agreement is subject to, and Consultant shall be required to comply with the provisions of, the City's Living Wage. requirements, as codified in Sections 2-407 through 2-410 of the City Code, and as amended on June 9, 2010 pursuant to City Ordinance No. 2010-3682 (which Ordinance, is attached as Exhibit "A" hereto). Pursuarit to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, service contractors shall be required to pay all employees who provide services pursuant to this Contract, the hourly living wage. rates based on the following three (3) year phase-in approach: Commencing with City fiscal year 2010-11 (October 1, 2010), the hourly living wage rate will be $10.16/hr. with health benefits, and $11.41/hr without benefits; Commencing with City fiscal year 2011-12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. CONSULTANT, BY ITS EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES AND AGREES TO BE BOUND BY THE PROVISIONS OF THE CITY'S LIVING WAGE ORDINANCE, AS AMENDED PURSUANT TO ORDINANCE NO. 2010- 3682 AND, THEREAFTER, AS SAME MAY BE AMENDED FROM TIME TO TIME. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY.BLANK] 3 SECTION 4 FEE 4.1 COST OF SERVICES Consultant agrees to the following hourly billing rates: Position Bill rate effective October 1 2010 Bill rate effective October 1 2011 Bill rate effective October 1 2012 Secretar 1 $15.48 $16.30 $17.11 Secretar II $16.80 $16.98 $17.79 Clerk T ist $15.48 $16.30 $17.11 Clerk I $14.87 $15.69 $16.50 Clerk II $15.12 $15.94 $16.74 Clerk III $15.51 $16.33 $17.14 Bookkee erWccountin Clerk II $18.50 $18.50 $18.50 Customer Service Re s/Com taint O erator $15.77 $16.59 $17.39 Customer Service Re s/Communication O erator $15.77 $16.59 $17.39 Personal Technician I $16.56 $16.74 $17.55 Car enter $24.00 $24.00 $24.00 Li ht Dut Auto Mechanic $27.00 $27.00 $27.00 Plumber $30.00 $30.00 $30.00 Service Worker $14.91 $15.73 $16.53 A/C Mechanic $30.00 $30.00 $30.00 Painter $19.50 $19..50 $19.50 Procurement S ecialist $18.20 $18.20 $18.20 Transportation Assistant 1 $16.80 $16.98 $17.79 Trans ortation Assistant 2 $18.85 $18.85 $18.85 4.2 INVOICING Consultant shall furnish the following information on its invoices to the City: • Purchase Order Number(s) issued by the City's Procurement Division; • Department and location within the City of temporary employee(s) being provided; • Full name of individual (s) performing the service (s); • Job classification; and • Number of hours worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. 4 4.3 METHOD OF PAYMENT All payments shall be made for services satisfactorily rendered within thirty (30) days of the date of invoice, in a manner satisfactory to, and as approved and received by, the City. Consultant shall provide invoices to the City department utilizing the temporary personnel. SECTION 5 TERMINATION, SUSPENSION.AND SANCTIONS 5:1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY-THE CITY, AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED (AS DETERMINED BY THE CITY'S BUILDING DIRECTOR IN HIS DISCRETION) UP TO THE DATE OF TERMINATION. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 5.4 SANCTIONS In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under -the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City terminates the Agreement 5 pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees agents, and contractors, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. This indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the Term the following insurance: 1. Consultant General Liability, in the amount of $1,000,000. 2. Consultant Professional Liability, in the amount of $200,000. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance must be submitted to the City's Risk Manager for approval prior to any work and/or services commencing. These certificates will be kept on file in the Office of the Risk Manager. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction iri coverage in the policy. . The Consultant is also solely responsible for obtaining and submitting all insurance certificates for its sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage., 6 SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. Consultant shall specifically bind its officers, employees, agents, and contractors to the provisions of this Section. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $5,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. 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 by this Agreement. Consultant shall maintain any and all such records at its place of business (at the address set forth in the "Notices" section of this Agreement). 7 10.2 ACCESS TO RECORDS (INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not sub-consult, assign, or transfer any work under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term nor provision hereof or right hereunder, shall be assignable unless as approved pursuant to ,this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with. the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, sexual orientation, gender identity, or physical handicap. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: 8 TO CONSULTANT: CREATIVE STAFFING, INC. 7700 N. Kendall Dr. #300 Miami, Florida 33156 Attn: John Bitterman 305-279-7799 305-598-9692 johnbitterman(a~creativestaffing.com TO CITY: City of Miami Beach Procurement Division 3`d Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director (305) 673-7490 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given. on the day on which personally seared, 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. 9 IN. WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: ' By: - _ - • City»Clerk or FOR CONSULTANT: ATTEST: By: X~tn~- e retary Pl~+-~-~i ~ ~ 1 l~(~-Iel~ Pint Name ~~a `7f ao~ CREATIVE STAFFING, ,INC. r Press • nt f QNn~ ~'. I~~c:Habb ~~s ~~ Print .Name /Title ~' APPROVED AS TO FORM & LANGUAGE & F~'1N EXECUTION ~, (~ 5 t ~ y Attorney~~ Date 10 _- _ _ I E)CHIBII' A " t~RDiNA:fVCE N{7. 201 f:3-~s$~ AN. f3F2fa1NA1VCE t31= THE 1VIAYC3.1~ ANL} CITY COMN11SS1C~N C)F THE. G1TY C)P tftf[At4A1 : BEACI-1, FLC3t~1DA, ,AMENDEtVG CHAPTER 2 Cf~ Tf~E GITX .Ct3DE, ENTITLED, "ADMIh1iSTRA`Tt{JN," SY AME~tC1iN~ ARTICLE V1 THERE:OF ENTITLED,- '`PRQCUREMENT"., 'BY ,AMEN?1NG DIUfS10N '6 E~DTITLE[3 t`LIVIAIG 1NAGli REGtU1REMENTS FOR SE.RI/1CE Ct7NTRAGTS AfVD CITY EMFLCIYEES", SECTIC3NS..2-407 THROUGH 2-~49fl 'T'HEREIN; AhID P;RQV117lNG FURTHER FQR CC?DiFICATlt3N4:SEV~RABlLITY; A.ND AN ET=i~ECTIC/E `DATE. IVC}l1b/, THEREFORE, BE IT QRDAINED BX THE: MAYOR ANCi CfTY Ct)MMISSI4N C3.C``THE. CITI'" OF MUM( BEACN, FL[3R1£lk . SECTIC~N''1: That Chapter 2,.ArEicle Vir i7iusion 6:; :Secfians 2-407 througf~ 2.4'i.0, r~fi::the Co~ie.of the;'City of M'arn Beacf7, Florida, is hereby>amended asfclluws: D111'lS1C3N. 6. LI1fING -~tAGE REt~EfIREfUf.ENTS FOR SERVICE Ct}~t'[RAS Atdf7 ,CtT'1! EI~IIIPL{3YEES Sec 2=4D7. Definitions. Cify.means the government of Miarr~i Such or any authorized agen#s, any hoard, _ _. __._ . agency, commission, departrneit, or other entity tf7ereof, or any successor t#3ereto. " Catrered ernptayee means. anyurte ampfoyed by tl~e city or "any. ser-rice.:contractor~ as furEher defined sn ..this division;. either full or pert time, as.an employee..with or sivithout f~erre€'~ts,a~ Covered emptoyer means the city and any -and off service .contractors, viriieff#er cr~ntractir-g directly or indirectly with tfe city; and.stabcontractors of:a.service:contractor: - ~~ Y4lTh~ ~,.n.~ __ ..,,f,....+_. ..,. ~=1. I?~aid.in urhole cr part from one ar more afthe city's :general f€~nd; capital prrs}ect finds, special revenue funds, .or any other funds] ei~#-iar Service eojrtractor is any cndiaiduaf, ~sti~ess-ems evrpo~ation (whether fcr profit or not fur profit}, partnersf~p, firm#ed liability company, joint venture, urslnotherbusiriess entity whir is conducting business in Ivliami ..Beach, ,and whc~ !is eithers whefher by competitive gici process, iriformai bids; requests far ,proposals; sonic farm of solicitation, rlagotiatior, a agreement; or any other decision to enter-into a contract; or ~2: €engaged in'fhe.business of; ar partaf; a Contractto provide, ore subcontract to provide, .. ,_ services, eit#~e for the benefit :of the .city. However; this does riot. apply to :contracts related pririmarily'to tine sale of products or good§. Covered seruicesare the type of services ;purchased by the .city that, are.suiajeci.to the requirem~;nts of this division which include.,the follovlrng (~} City :service" •contracts. Contracts invo(.vt.rtg the city's: expenditure .o# over $~ gU,tJO(3.00 per year and which include'the following types .of services: a; Food preparation grid/ar distribution;' - `b_ >Secarity services; v. ~o°a+'iiii~°.. z"ii~'~ii e~n,3~ SGIY14~s. 51.1_GI~ as Cllsti3(~18I Gl~anJnC,~r ~; sefe~;.refuse.rernoval, repair; refinishing, and recycling d_ Clerical or other non=supervisory-:office:work,. whefiter fierraporary or ;permanent; e; Transpoitation and parking services f: Printing and reproduction:;senrices ' g. Landscaping, lawn, anti or-agricultural serVees;: and h. Park-.and pukiiic ~ r~rty rr~anteriance. (2j Should any services included in subsection 1 {a) - th) 'that are being performed 'by :city ernpbyees at,the time this division is enacted. ba.solic~ted in the: future-:l?y the city to `be perfarmed:by:a service contractor, such services shall lee :covered services stabject to this Division: Sec. 2-d.QB. Living ~uvage, (a} :Cluing xrage..paid. {"'!') Seruice;.:corrfractors. Any service contractor, °° =~~~^°^' "t= +~~' ~.,;~;^^_ entering into :a covered services .contract with the city shalt pay to alt its employees:who provide services<covere~i by"tllis division; a living.wage ofi no CeSs than $11.2$ an hour with health benefits, :ar a living wage o€ net less than ~, $5-~~-1"2:92 an:hourwifhc~ut.heaith:benefrt ., (2) .Phase-inSf~--e~;~layees: Effective _Qcfober 1. 20111. the -living :wage in subsection (a~ vuiiE be imptemented cn a phase-in basis beginning in the =^^~- _i^201 C1=21'31 cify 2 budget year; increasing. on air annua€ basis incrementally so that the living wage is -fully inplemertted far sil"ycovered employees in the ~ ^~--,_28942fl3:2-2©1~ c"ity .budget.. year? . •. • (b} Healfh benefits; eligibility period. l=ar a covered employer ar the city to comply with ~: the living .wage vi&iereguirements of this division by choosing to pay the lower wage scale availatiie when- ~ covered employer also provides health .benefits, such health benefits shall l consist of payment of at least: $-'1:51':642 perhourtaward the provisian of.:a health benettts,~lan `for covered employees 'and their dependents. - , (; If the health bertefrts plan of.#-hea:covered eiriployer ei'-tea-si#~ requires .an initial .period. t~f emplojiinent'for anew employee. to be eligible for health ;benefits {eligibility period) the living wage ~r~a~isienrepuirements of thin division shall be :deemed to shave :been :complied with during the eligibility period provided the covered err~ployer o~t#~-sits commenees to pay tithe . atiplicable living wage rate without health teiie"fits: • ,effective as :of the date of hire of #he.covered employee. Upon capletiori af: the eligibility period, and provided the retrii employee will be provided,:health'benefits, acovered ;employer. may earnmence. to pay the s~aleapp3icable'livinq wage role with health benefits, Proof of the provision .of :health t~enefits must :be submitted to the av-~z~alsril:ycity's . ~. procurement director to qualifyfor the wage rate for.employees with hearth benefts: ' Usin4 the ptopQSed -three (31 year phase-in commencinn .with city °fiscal year 2~11Q-1 `f t~ctnber 1 20101: the Iivina wags rate will be $10.16/hr::with health benefits and' $1 ~ 411hr without benefits commencing with city .fiscal 'year 2011-12 (~ctotier 1', 2011), the living wage-rate will be X10 72/hr with healttt'tienefits; :and $.1:2.17 without benefits- and cornmencnq with city #isca~ear 2012=13 (C7ctober 1 2012, the living wage rate iivill be ~11:28/hr with health benefits and X12 82Jhr without benefits z. Using the proposed tt}gee 131 year t~hase-in pursuant to Section 2-408!2} commencing with city fiscal Vear 2010-11 tOctober 1. 201D1, the health benefits rate. will be at least ~,1 25lhr• commencing with city fisca_ I year 2011-12- tOctober 1, .201.11.. the health benefits rate will be at least ~1 45/hr' and commencing, ' with city fiscal year. 2012-13 (dctober 1.2012). the health benefts rate will at least ~1 64/hr 3 fiscally sound.t4 ii~rtpiement same«"-~~in a parfici it would not be Lion to index (or: niocinn~c re~eiabar ~. ( revrsw and approval ofthe oity!s :annual operating budget. ~~j '~ert~cation required 6ef©rs payrni'nt: Any :and .all oe,ntracfs for co~rered. services ei~mav be voir(able:, atad na `funds nay be released, .taniess prior to :entering any agreement with. the :city for a covered..services cantrac, the e~yeFService contractor cert~es to the. c~tji #l~ai it wi(I:pay each of lts covered employees no less'than the Irving wage described. in section 2-~08(a). A copy of :this :certificate rriust #~e madb available to :the pu):ilic upon request, T.e certificate, at a. Minimum, must include the following: {1.) The name, address, and .phone nurriber of the covered :employee, a local cantact,.person, and~the specific protect for-which the .cove.red_services contract is sought; ~2). Tfte :amount of the covered services contract, abrief -description .of .the prfliect or service provided. and the city department the contrac#: wi(I sense; t~~ f'~, statemen# of :the wage ievels'for all employees, and {~4~ A commitment #o pay a!! covered employees the living wage, as :defined . bysection.2-4fl8(a). and:includinci, without.Iimitatiora. env annual indexes thereto . f as provided in section 2-408(d). 4 {ds) Indexing The:living wage rate and healthcare benefits rate vwllmav, by resoiu#ion of the. city commission be ~tsh3~~~ indexed sash-~eanhualiy for inflatirsn using the. Miami f'MSA Consumer Price lndex.farall l3rbas Consumers (QPI-U} Miami/Ft. Lauderdale, issued by. the U:B. Qepartment cif Labor's .Bureau of .Labor Statistics. Notwithstanding the precedina._ no annual index shat( exceed three percent. t3°/al: nor shall an ~-, „~ fig) O,bservafion of nfher laws. Euery covered employee shat! be paid not less than biweekly, artd without subsequent deduction or rebate on any accoun~ {excep# as such. payroll deductions as are directed or perrriitted by law or by a collective bargaining agreement}. The covered employer.shali pay covered ernployees wage rates in.accordance,with federal and all other applicable,laws such. as avertii'ne and sirriilai• wage laws. [ (g#j Posffng. A.copy of the most current living wage rate,sha(l be ltept posted by the covered employer at the site of the:work in a :prominent .place where it can easily be seen and read by the covered :employees and shall also be supplied to t#ean employee within a reasonable time , after a, request to dcs so; Pasting requirements will not be. requit'etl where 'ths: cohered employer prints the following .statements on the front of the covered. employee`s first paycheck and every six,~months thereafter "You are.requrred by City of Miami Beach law to be paid at feast $~-~5~ I dollars lN4TE: Covered employer tri insert appticabie Irving uvae~e ratelan .hour., if you are not paid this Hourly rate; cor<tact -your employer, an attorney, or the Gity of Miami 13each." Al!' . notices vuill;be.printed iri l=:ngiisli, Spanish, and Creole. {hg) Collective latgalning: Nothing in this division shag be<read to require or authorize any covered employer to reduce: wages..set by a collective bargaining agreement or a~as required under any prevailing wage law. tii Tip credit .exemption For a covered employee who regularfv receives tps or gratuities (hereinafter "tipsn~ as part of hislher paY .a covered emr3loyer will be exempt from payment:of'the applicable houi•Iy living wage rate fc~r such employee provided that'the followinct 'I in order to csualify for the exceation the-covered ernplover must-claim a "tip credit" under the federal Fair Labor'Standards Act [FLSA): ' 2. ?tie exceQtion shall Drily apply to covered employees wrho receive tips as part of.#heir.compensation (i:e, waiters. bartenders., hostesses busboys etc:-. ~:uverea FLSA; fi credit; and.. ~ The covered employee s tips plus direct hourly-wage combined must add' up to at least the applicable hourly Ji+ing wage-rate. are. 5 I .Sec.2-~Q9, tmptemerttation. . " (a~ Procurement specf~catfons. The living wage shall be required in the procurement specifications for ali ~ covered services contracts :on which bids or proposals s~aii•-I~eare so(icited,.~n ar a#ter the ~ffectiv~ .date of this division.. The procurement " specifications. '' ' . shall include a requirement that service :contractors and their subcontractors agree to produce all documents and records relating ttr .payroll aril compliance with. this- division upon request from the city. All :covered servic..e contracts awarded subsegaen# to the date when thic;division becomes effective, :shall be subject to the requirements of this dvisiion.. . AI:I procurement specifications .for cit covered services contracts shall include appropriate information eboutthe requirements of this division7. (s~ Mainte>xanee of.payr-olf records: 'each cowered employer shalt maintain .payrolls for all covered employees and basic records -relating (hereto ,and. shall preserve thetrt for a period . ' of three~,yeacs or the term cif the covered services contract, whichever is greater. The. records shall contain:- (.1~ The narne:anci address of each covered`,employee;. ~2j T'he job:title:and classification; ; {3} 'The number of hours worked each day, . {4~ The gross wages::earnecl and deductions made; .. (~) .Annual wades paid; (6~ A cppy of the social security returns.,and:evdence of payment thereof; ~7)_ A record of fringe benefit payments: ,including cor3tributons to 'approved plans; and {8) Any othertata or:iriformation this. diwisiort should. requite :from time to time, (~ F~i~portitag,payroff:. Every.six.,~„rrianths, the s~,ouerecl ernplc~yer shall file wifih the cit 's procurement director a conipiete payrr5ll showing the covered employer's payroll records far'each covered employee working on .ilie. covered services contract ' for . " " one payroll period. t.lpon request from the-city, the :covered employer shall produce #er its payroll records for:any'or ail of its: coveted employees for<any period covered by the :covered: services contract.. The city may exam'ineLinspect. and/or copy such: ..payroll records as needed to,:ensure compliance with the requirement. of this division.. 'Sec. 2-~41.ti. Cam}al[anc+~ and en;iorcement. Via) Service eon#raetor to cooperate. The service "contractor :shalt permit the :city ^~^,.°°° °^''° °^}~~'„~°-to :observe work being perto.rmed at, in^or on the project or matter for wFiich~'the covered services contract was isseaed. Tate city fepresu^m;ativ~ may examine the books and records of the service contractor relating to the 6 employmenf and ,payroll to determine if .the. service contractor is in, campiance with the, :provisions a€`this division. (b~ Complaint procedures and sanctia~s. '(1) .,4~ covered employee, or farmer covered employee; vrho believes that this division <applies e~-~appl+ed'to him pr her and that a crsvered _ emcloyer,..er-~1~sit~; 'ts e~-v~s not complying with the requireriients o€. this diuisionl has a right to file a--an administrative complaint wifh the ~e sli~:s#-tom city's oracurement director . Any individual or entity may also file a f. iliran}s+r r:f4hc*ri~~i nrihehnlf of ~s nEn~icn'`~nriri~ic #in ~+finn}~~~+hn ni4ii X43) '. The .city's~rocurement director shall notify the .covered employer named in the complaint (the "respondenf")..by providing the employer with a capy .of ttie complaint by certified: mail or:oersonal delivery.. 7 t2) Complainfs by employees of alleged violations shall be made in writirit~ , within one ..~11 wear after the alleged vit~lation occurred. 1Vo complaint shag be vvithin the jurisdiction of the city under the administrative complaint procedures in this division if the complaint. is Filed snore than one~1) year after the alleged viola:tio^ practice occurred. deemed admit#ed. (5) If an .answer is filed, the- procurement director :shall -cause a copy of the .answer to -be served on the complainant. If'the respondent elects not #o answer the .complaint. #hen the matter shall proceed an the evidence in supgcrt o€ the complaint. is fifed procurement alreclOr snail make. a prompt :investigation of ~a-i~vs~~#Q~te al! allegations :of violations in connection therewith and forward to the city manager a written summery of the investigation e~he,~s~i~r&a^ within 3964 days after the complaint is filed lf; ,upon hislher review of the complaint. answer (if fled), and inyestigation~ the city manager determines :that a violation of this. division has occurred, +tthe city shall, within the working days of a finding of noncompliance, issue a :notice of carr~:ctive action.. in writina, e#to the respondent, -e~player specifying all areas of ngncom.pliance and deadlines for resolutions of the identified violations. A copy of the .city manaaer's r-otice of corrective action shat! be sent to the sornplalnant and the respondent.by certified mail, return receipt reauested, or by hand delivery: (7) tf a esz~ondent fails to carnply vuith any or ail of the resolution$ for the identified violations within the deadlines orovided .ih the 'no#.ice~-i~s~ed, the city manager may issue an order: in writing., to .the respondent, by certified mail nr hand delivery, notifying .the se~.ri respondent to appear at an adminisfrative hearing: before .one of the city's sitlinq special masters. 'to be held at a time to:be fixed in such :order, A con of the order shall also be aent to the complainant by certif ed mail or hand delivery. {49.} The hearna ..proceedings shall be informal, Viand shail:afforel .the rise s~trespondent-the right to testify rn hislher own :defense; :present vritnesses; be .represented hY counsel, submit re}evant evidence, cross examine witnesses,,.and ~rbject to evidence. (a1 ~) The proceedings, shall be recorded and :minutes kept by the city. Any respondent, requiring verbatim rtiinutes fcsr judicial review may :arrange for the services of a court reporter at the expense. of the se~iee se#respondent: , (C91 ~~a-days-e#U,pein fhe close .of fhe hearing, the ri ~, _ +,,~ special master ' shall render. a decision in writing determining tether ornot tte espondent is in compliance,-~ or . uyhether .other action .should be taken;: or tivhether the matter should be continued, as the case izray be;~ and stating fibs reasons and. findings of fact. i~'" `l"he City rrY ~..-inr rir }hn ni~4r mznrner~.e rlncinnao chill file, tir+i3inne .wri+h '~~° ^i+„ ^'nr'~ °^^' shall send a true and. correct copy of ~isthe order'by Certified mail, return receipt requested, or by hand delivery, to 'the 'j" respondent and complainant.. 8 {;~'(3) The si~y-a~age~s-~sF spacial masEer's~desfg~aee-'s .findings shall constitute the final administrative action of the city far purposes cif judicial review under state law.: An .aaareved z~arty: including the city administration. may aooeai a 0914) If a respondent. fails #o seek timely appellate review of an order of the. ~ special master~~+" ^^ n~r'n ~e~i^~^^, or to comply timely with such order,. the city may: pursue. the enforcemenf of sanctions set forth in section 2=410(.c): {c) Priuate :right of action .against coVerec~ .einp7QVer. Any covered employee $€ .or'fprnier covered employee of a service contractor. may; instead of. but not in addition to...utiiizing the sit;jt administrative complaint procedures ~!~ in .section 2-41 ~b},t~is bring, an action to enforce the' provisions of Phis division by filing suit against the covered employer in any court- of competent jurisdiction~e , ate-bests. l~pon a fiind"tnt~ by a court of corr~petent iurisdictiori that: a covered emnloyet losses they.suffered by reason of not receiving their wage at the time it was due and in order to. deter future noncompliance by the covered emoloyer. The a.ppiicable statute of limitations for. such a claim will be two ,ears,; as: provided in€-~~~Section: 9~.11(4)~:c), Florida Statutes, as sarni= may tie a:rriended'from'time to'tirne. for an action for pajrment of wages. T"° ,.n.,,+ ^^^„ ,. . cenrinn :+nnir~n4nr icy "Fr.~,nrf~~{•n hh rn .~.rint.-.aai-I ~fhi~ rFi,~sic+i:n r, .. {-~}{d} Sanctionsagainst.service:contractors. For violations of this.dvision, the city shall sanction a service contractor .by requiring the service co.ntracto.r'to pay wage restifution at :the e,~'~„ '~contrector's .expense for eat the affected covered employee arid: may _also~sess tk~-#etieavangtake the following actions: (~} The city ::may impose: damagesi ' '. #or' each weak that the covered employee was found to have mot been paid in accordance uaith this division; and{or (2} The city may .suspehd ^~~~ payment under the covered services ~, contract andtor terminate the corrtract with the service con. tractor; .and/or {3) The cfty may declare the pleyerseryice contractor ineligible fcir future service contracts for ia~ to three 3~~ „years or until all a~Ees-a~~ restitution #a~ehas been paid in full to the covered. employee and all penalties (If any) paid to the. city, whichever is longer::. andlor ;,; ..ar,i+;^~ ^" ~,en;-ph~'~1-;;e 9 #n order to compensate the city for the costs .of investigating and remedying the violation. the city may also order the uiolating covered emoloyer to pay the city's reasonable -Cos#s (for investigating and defending the Camplairit and remedyinq_the violation, Such funds shall be allocated and used to offset -the costs of imq[ementing and enfarc[ng this divisian: {e.) Public retard o~ sanctions. Rll such sanctions recommended or imposed she#I be a matter of public:reCOrd. `{f) Sanctions for.sid~ng and abeifing. The sanctions in section 2-410{sd,~ shall ais~ -apply to any par#y ar parties aiding and abefting `in any vialation of t3~is division. {g} -t~ei`aliafiori arse! discrimination 'barred A covered ernplayer shall. not discharge, reduce the compensafion of, :or otherwise. discriminate or take adverse act[an against .any covered employee #n retaliation for exercising the rights protected under this division including, wrthout .limitation, making 3 complaint to the city, ^~ n+4,cnxri a y+n orfinn tii nr her rinh4c~ under :this. dvision.;:.or .informing ariy person about any. party's a##ez#ed. non-compliance with this of such right :,or ~,ryh+~ ,,~,~ar +"'° ~r,.~rt^^. Allegations of .retaliation or discrimination, if found true ~-a shall result [n an order of restitution and reinStatemerit of a discharged covered employee with back pay to the date of the icing of the complaint with the city .:{n.) Erfforcemenf powers: if necessary for ;the enforcement of this :division,. -the city commrss+an, may issue subpoenas, .compel the attendance and. testimpny of witnesses :and .production of 'books, papers, records, and documents .relating to payroll records necessary for hearing, investigations; .-and proceedings: In .Case .Qf disobedience. cif .the subpoena;, fhe ;city. attorney may applyto a;court of competent jurisdiction for.an arder requiring the:attentlance and testimony of witnesses and production of books; papers, records; :and ~locuinerits, Said court, in the case of .the refusal to obey such subpoena, after notice to the person subpoenaed, and. apart finding that :the .attendance :or testimony of such witnesses of the production of, such books, papers, records, and documents; has the case may bed; is relevant or necessary:for such hearings, investigations;. or .proceedings, may issue an order requiring the attendance .or (: testimony of such .witnesses or the production of such documents, and :any violation of the court's order maybe punishable by-the court as canfempt thereof. administrative complaint procedures estab#ished herein. 1D {i) Remedies: herein nonexclusrVe. No rerrtedy set, forth in this division is intended to be exclusive o.r a prerequisite for asserting a clairrt for relief to enforce.the rights underttiis division iri a court of law; This division shalC not be'construed to #imit an emp#oyee`s right .to bring a common law cause. of action for wrongful termination; provided. however, tf~at if a complainant. i SECTION ~: SE1tERABILtT1'. ' ~ , if .any section, sentence., ciause or phrase . of this .ordinance is .held :.to be invalid or unconstitutionai t}y any court of competent jurisdiction, #hen said hoiding shad in no way affect. ' the ~aiidity of-the remaining portions of this ordinance. SECTIC)IV 3: COD1FiG;AT10N. . It is the irttentiar~ of the "Mayor and City Commission of the e City of Miami Beach,. and it is . . hereby ordained that the :provisions cif this ordinance shaii'become and, be made a :part of the Code of.the City:of Miami Beach, ~loxida. Tate sections of this ordinance may be renutritiered or relettered to accomplish such intention, and the word "ordinance" may be changed to „section"; . "article,": ar other appropriate word. .. ~ ~ s. . SECTiC}N'4. EFFEC7iVE L3ATE. . This «cdinance s.haii take effect ten.days.fi?(iow'sng adoption. . FASS~i?:and-AG4P"~ED this, ~'t clay of ~~ , 2ti10. ..AC01~D CERTIFICATE OF LIABIL ITY INSURANCE o9/z jz o 'PRODUCER (407)788-3000 FAX (407).788-7933 Insurance Office of America, Inc. `P'.0: Box 162207 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Altamonte Springs, FL 32716-2207 Abraham Castillo INSURERS AFFORDING COVERAGE NAIC # INSURED Creative Staffing, Inc; ~ INSURER A: NatlOnal Union Fire Ins Co 19445 Creative Workforce,LLC wsuRERB: Southern Eagle Ins Co 10151 Creative Worldwide , L LC . INSURER C: 7700 N. Kendall Dr., Suite 300 wsuRERD Miami, FL 33156 INSURERE COVERAGES '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 CONTRACTOR 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 ~LT DD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE TE MIDD POLICY EXPIRATION DATE MlDD LIMITS GENERAL LIABILITY SSL1938016 07/II/1010 07/11/2011 EACH OCCURRENCE _ $ 1, 000, OOD X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ ,, 100 QQQ CLAIMS N1ADE ~ OCCUR , MED EXP (Any one person) $ 5 QQQ A - X BLKT AI & WOS PERSONAL a ADV INJURY $ INCLUDED X PROF. LIABILITY ~ErvERALAGGRECaTE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS -COMP/OP AGG $ INCLUDED X .POLICY jEC7 LOC AUT OMOBILE LIABILITY SSL1938016 07/11/2010 Q7/11/2011. COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1' QQQ QQQ ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS, {Per person} A X HIRED.AUTOS - BODILY INJURY $ X NON-OWNED AUTOS n h O ~~ (Per acciderrt) / ~ / ,V , J • PROPERTY DAMAGE ++ {Per accident $ GARAGE LIABILfTY AUTO ONLY - EA ACCIDENT $ ANY AUTO ~ OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY BE011432275 07/11/2010- 07/11/2011 EACH OCCURRENCE $ 4,000,QQQ X OCCUR ^ CLAIMS MADE AGGREGATE $ l} ~ QQQ ~ 000 A ' $ . DEDUCTIBLE $~- -~ X RETENTION $ 1D ~ QQ _ ~ $ WORKERS COMPENSATION AND 201009008-000 Ol/Ol/2010 Ol/Ol/2011 X ORY IMM~S ~R ~ EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE ~ - E.L. EACH ACCIDENT $ 1 ,QQQ ,QQQ B OFFICER/MEMBER EXCLUDED? -' ~ - E.L. DISEASE - EA EMPLOYE $ 1 ,QQQ ,QQQ If yes, describe under SPECIAL PROVISIONS below ~ ~ - ~ - - EL DISEASE -POLICY LIMIT $ . 1 , 000 , 000 orHeR 014497492 07/11/2010 07/11/2011 $100,000 LIMITS EMPLOYEE-DISHONESTY A rime Coverages/Third _ $2,500 DEDUCTIBLE Part Cover DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~ - ' ity of Miami Beach is additional insured as respects to general liability as required Linder ritten contract. - . .~ !`FRTlFIC'aTF Nnl nFR CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE ". EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 10 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Cl ty of Miami Beach At t n : Gus LOpeZ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1700 Convention Center Dr7 Ve OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miami , F L 3 313 9 ~ - ~ ~ AUTHORIZED REPRESEN7ATNE ~ ''-~ ~' " ,' ., John SchiTd/TRICIA - -~_J ACORD 25 (2001108) ©ACORD CORPORATION 1988.