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Agreement with Laz Florida Parking, LLC AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LAZ FLORIDA PARKING, LLC TO PROVIDE PARKING METER COLLECTION SERVICES FOR THE CITY OF MIAMI BEACH PARKING SYSTEM PURSUANT TO REQUEST FOR PROPOSALS NO. 2015-135-WG THIS AGREEMENT (Agreement) made on this 3 day of Jtit e. , 2016 (Effective Date), by and between the CITY OF MIAMI BEACH, a'Florida municipal corporation located at 1700 Convention Center Drive, Miami Beach,florida,which term shall include its officials, successors, legal representatives, and assigns(City), and LAZ FLORIDA PARKING, LLC, a Florida limited liability company with local offices at 404 Washington Avenue, Suite 720, Miami Beach, Florida, which term shall include its officials, successors, legal representatives, and assigns {Contractor). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Contractor. City Manager: "City Manager" means the Chief Administrative Officer of the City or his/her authorized designee. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Contract Manager: An individual designated and fully funded by Contractor vested with the authority to represent, correspond, and act on behalf of the Contractor with regard to the performance of the Services and this Agreement. Policies and Procedures: The City of Miami Beach Parking Department Policies and Procedures for Meter Collection Services, as same may be amended from time to time. The most current copy of the Policies and Procedures, as of the Commencement Date of this Agreement, is attached and incorporated as Exhibit "B" hereto. Project Coordinator: An individual designated by the City Manager with the authority to represent, correspond, and act on behalf of the City with regard to the day to day performance of the Services. . Proposal Documents: Proposal Documents shall mean Request for Proposals No. 2015-135- 1 WG to Solicit Proposals for Parking Meter Collections Services for the City's Parking System, including any addenda thereto (the RFP); and b) the Contractor's response thereto (Proposal), both of which are incorporated herein by reference, as if more fully set forth herein, and attached as Exhibit"A"hereto; provided, however,that in the event of an express conflict between the Proposal Documents and the Agreement, the precedence will be given to that term/provision which allows the City to enforce the Agreement in the strictest possible terms, and/or in accordance with the term(s) most favorable to the City. Risk Manager: The Risk Manager of the City,with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, and including,without limitation,thoseset forth in the Scope of Services of the RFP; Contractor's Proposal; and any 2 exhibits and/or amendments hereto. In the event of an express conflict among the RFP,Contractor's Proposal,and this Agreement,the precedence will be given to that term/provision which allows the City to enforce the Agreement in the strictest possible terms, and/or in accordance with the term(s) most favorable for the City. Termination: Termination of Contractor's Services, as provided in Section 4.7 of this Agreement. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED ISERVICES) Contractor shall provide the City of Miami Beach Parking System with trained, qualified employees, positioned as parking meter collectors and supervisors, to provide the Services contemplated in this Agreement, as deemed necessary by the City, through its City Manager or Project Coordinator, at their respective sole and reasonable discretion. These individuals will be employees of the Contractor and shall at no time be considered City employees. Contractor shall select,train, and employ such number of employees as is necessary or appropriate for Contractor to provide the Services and to satisfy its responsibilities hereunder. Contractor will utilize other Contractor employees to fill-in for vacation days and sick days for all personnel required by the City under this Agreement. Selection, hiring, and staffing of the required parking meter collectors and supervisors, as required to ensure the provisions of the Services in a first-class manner,will be the sole responsibility of the Contractor. Notwithstanding the preceding, however, the City Manager or Project Coordinator shall have the authority, at any time during the Term, to review Contractor's staffing levels to determine, in their respective reasonable discretion, that Contractor is providing the Services in accordance with the highest levels of service 3 and professionalism, and in a manner comparable to the provision of similar work and/or services in comparable municipalities or government agencies. It is the sole responsibility of the Contractor to ensure that all personnel are trained in the use of the equipment required to open, collect, and audit the single space and multi-space parking meters, and that such personnel have received training in, and are fully knowledgeable with, the Policies and Procedures. Contractor and its employees shall at all times during the Term,adhere to the Policies and Procedures. Notwithstanding the preceding, the City reserves the right, in its sole and reasonable discretion, to amend the Policies and Procedures at any time during the Term, and Contractor hereby agrees and acknowledges to be governed by any and all such amendments. The City shall provide Contractor with written notice of all such amendments. Contractor shall issue its employees uniforms, which shall be approved by the Project Coordinator and worn per City-issued standards. Contractor and its employees shall keep uniforms in like-new condition. Contractor will provide and directly pay for the costs of all uniforms. Contractor will provide for individual honesty tests for its employees during its hiring process, and as may otherwise be required by the Project Coordinator from time to time throughout the Term. Contractor shall provide collection service for single space parking meters and multi-space pay stations owned by the City, located at sites(designated herein)within the City of Miami Beach. Collection service shall transport all coins, bills, and/or data collected from single space parking meters and multi-space pay stations to any place within the City of Miami Beach,deemed acceptable to the Project Coordinator, for the purpose of counting, storing, depositing, or any combination thereof. Contractor shall be responsible for the coded collection keys, electronic locking system access cards, sealed coin collection buckets, bill hoppers, data retrieval hand held devices, hand held computers, and any other equipment issued by the City (collectively, for purposes of this Agreement, the"Equipment"). Contractor shall be solely responsible for the cost associated with the 4 repair or replacement, including parts and labor, of any equipment due to same being damaged, lost, or stolen while in Contractor's-care, custody,and/or control. This includes,without limitation,the aforestated Equipment, and any other equipment associated with Contractor's provision of the Services hereunder. Any of the aforementioned Equipment must be replaced within seven (7) calendar days of damage or loss. Failure to comply with the aforestated timeline shall result in a penalty of(i)$250.00 per day, or(ii)ten percent(10%)per day,of the total value due to the City from the Contractor due to the loss of Equipment; whichever is greater. The greater of these two penalties will be assessed against the Contractor for every calendar day past the seventh(7th)day; such penalty shall be deducted from any future or current remittances due to the Contractor. Any and all equipment supplied by the City to the Contractor(including without limitation,the Equipment, as defined in the preceding paragraph) for the purpose of performing Contractor's Services under this Agreement will be replaced at the Contractor's sole cost and expense in the event of loss or damage while in the Contractor's care, custody and/or control. Contractor's personnel shall-be unarmed at all times while engaged in the collection of and transportation of parking meter revenues. Contractor shall provide sufficient secure and safeguarded collection service vehicles,2015 or newer for its employees to ensure effective and efficient Collection Services, equipped in accordance with the specifications outlined in the RFP. Collection vehicles shall be equipped with global positioning system (GPS) interior cameras and alarm with automatic shut-off. Each collection service vehicle shall have a minimum of two(2)collection service personnel, in uniform, with photograph identification. The collection service personnel will wear identification tags, provided by the City, at all times while collecting coins and delivering the collected or counted coins. One (1) supervisor must remain in radio contact with the Project Coordinator or his/her authorized designee within the City's Parking Department. Each collection team will have one cellular device with GPS tracking capabilities and shall remain in contact with the City at all times. 5 Collection staff shall be rotated a minimum of once a year,or as determined by the City Manager or Project Coordinator. During the Term, the Contractor agrees not to hire any City employee, either as a part-time or full-time employee or as an independent contractor, that would participate and/or be associated with the Services outlined herein including, without limitation, in providing parking meter collection services to the City of Miami Beach. The City's Parking Department shall have the right, as deemed appropriate, and in the sole discretion of the City Manager or the Project Coordinator,to have City personnel closely monitor the collection services for any and all security reasons. The Contractor shall be responsible for returning any loaned equipment to the City {including,without limitation, the Equipment as defined in this Section 2). Any equipment damaged, lost, or stolen while in the custody, care, or control of the Contractor will be repaired or replaced at the Contractor's sole cost and expense. Contractor shall reimburse City, in full,for any discrepancies,within seventy-two(72)hours of notice, whether written or verbal,from City to Contractor of said discrepancy. Reimbursement shall be made to: City of Miami Beach Parking Department 1755 Meridian Avenue, Suite 200 Miami Beach, Florida 33139 Attention: Parking Director 2.1 Proposal Documents Incorporated: Notwithstanding the description of the Services in this Section 2, Contractor shall, without limitation, provide any and all services and/or other work as set forth in the Proposal Documents. In the event that the Project Coordinator determines, in his/her sole and reasonable discretion, that Contractor is not providing a particular service and/or other work which was specified in the Proposal Documents, the Project Coordinator may elect, in his/her sole and reasonable discretion, 6 to identify the deficiency by written notice to Contractor. Contractor shall be required to provide said service and/or work(as set forth in Project Coordinator's notice)within ten (10) business days of such written notification. Notwithstanding the preceding, the aforestated notice shall in no way limit any of the City's rights and remedies under this Agreement in the event of a default by Contractor pursuant to the terms of the Agreement. 2.4 Frequency of Collection: At the City Manager or Project Coordinator's sole option and discretion, Contractor may be required to increase or decrease the frequency of collection. 2.5 Additional Public Benefit: During the Term of the Agreement and as indicated in the attached proposal, Contractor shall support Miami Beach Senior High School by donating three(3)Computer Carts which allow for computer storage and charging. Contractor will offer a yearly scholarship in the amount of$2,500.00 to a deserving Miami Beach High graduating student, as more fully set forth herein. This person will be nominated by the principal and faculty of the school and will be awarded to the student who displayed high marks for community involvement with the senior citizens of Miami Beach. In the alternative, at the sole and absolute discretion of the Mayor and City Commission, LAZ will make an annual $2,500.00 voluntary contribution to an organization of the Mayor and City Commission's choice. Contractor will also hire a graduating senior from Miami Beach High School for participation in Laz University, a management training program. Contractor will offer summer employment opportunities for students looking for employment. These jobs can be part-time and/or full-time positions at any of the City's valet or self-parking operations managed by the Contractor in the area, which may include cashiers, valet attendants, auditors and housekeeping positions. SECTION 3 COMPENSATION 3.1 FIXED FEE Commencing on Effective Date of the Agreement,Contractor's billing rate will be$1.99 per single space meter collected,and $14.99 per multi-space meter collected. Billing rate shall remain constant for one(1)year from the Effective Date of the Agreement. Upon written notification by the Contractor, ninety(90)days prior to each anniversary date of the Agreement,the City may consider an adjustment to the preceding year's unit cost for the subsequent year. Only a written request for increases based on a corresponding increase in the Consumer Price Index for the local urban market (CPI-U), as established by the United Stated Bureau of Labor Statistics, or material adjustments to the scope or requirements of the RFP by the City (e.g. material reductions in the number of meters, collection schedule,etc.)will be considered. In the event the City determines that the requested increase is unsubstantiated, the Contractor agrees to perform all duties at the current cost terms. It is the vendor's responsibility to request in writing, any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the contractor's request for adjustment should be submitted 90 days prior to the expiration pf the then current contract year. The vendor adjustment request must clearly substantiate and support with documentation the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment received after the commencement of a new option period may not be considered. Contractor will be solely responsible for payment of payroll taxes, worker's compensation, retirement benefits, and group insurance for each-of its employees, and the City shall have no 8 liability whatsoever, whether to Contractor or its individual employees, for same. The parties acknowledge that if, during the Term, (i)the Federal Minimum Wage(covering the classification of Services provided under this Agreement)may be increased through enactment of Federal Legislation or if, during the Term (ii) Contractor may want to increase the gross hourly rate and corresponding benefits to its employees then Contractor shall promptly notify the City Manager, in writing, of such increase in subsection (i) or, as the case may be, of Contractor's request to provide its employees with an increase pursuant to subsection (ii). Following presentation of documentation(satisfactory to the City Manager)confirming such increase request, and subject further to the prior approval of the City Commission,which approval, if given at all,shall be at the sole option and reasonable discretion of the Commission, Contractor may be entitled to receive additional compensation equal to the actual increase in (as the case may be) either the Federal Minimum Wage or the increase request in subsection{ii)hereof. This increase, if approved, may also result in a corresponding proportionate increase to the billing rate charged to the City. 3.1.1 Living Wage Ordinance Requirement: THE FOLLOWING REQUIREMENTS SHALL APPLY TO THIS CONTRACT: Pursuant to City of Miami Beach Living Wage Ordinance No. 2010-3682,as codified in Chapter 2,Division 6,Sections 2-407 through 2-410, of the Miami Beach Code, and as attached and incorporated as Exhibit"C" hereto, all service groups or individuals, entering into a contract with the City, shall be required to pay all employees, who provide services pursuant to this Agreement, the hourly living wage rates, based on the following: • Commencing with City Fiscal Year 2014-15 (January 1, 2015), the hourly living rate will be $11.62/hr with health benefits, and $13.31/hr without benefits. For purposes of complying with the new Living Wage requirements by choosing to pay the lower hourly rate, when a covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.69 per hour toward the provision of a health benefits plan for 9 covered employees and their dependents. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement. Equal Benefits Requirements: THE FOLLOWING REQUIREMENTS SHALL APPLY TO THIS CONTRACT: Contractor by its execution of this Agreement, further acknowledges that it is required to comply with all applicable provisions of City Ordinance No.2005-3494, attached and incorporated as Exhibit"D"hereto and as same may be amended from time to time, which requires certain Contractor to provide equal benefits for domestic partners (the Ordinance). This Ordinance applies to all employees of Contractor who work within the City limits of the City of Miami Beach, Florida, and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, which are directly performing work on a contract within the City of Miami Beach. 3.2 METHOD OF PAYMENT Payment shall be made monthly to Contractor pursuant to daily reports submitted by the City for all meters collected. The City shall verify all records and any discrepancies shall be duly noted and deducted from Contractor's invoice. City will process all approved invoices in a timely manner. Contractor's invoices and all required back-up documentation shall be submitted to: City of Miami Beach Parking Department 1755 Meridian Avenue, Suite 200 Miami Beach, Florida 33139 Attention: Saul Frances, Parking Director SECTION 4 GENERAL PROVISIONS 4.1 CONTRACTOR'S EMPLOYEES Contractor will make every effort to obtain and hire personnel of the highest quality, caliber, and integrity relative to each position required to perform the Services hereunder. All personnel 10 shall have, at a minimum, good command of the English language, and shall be qualified to complete all daily assigned tasks and related duties. All personnel must be bonded and insured, with proof of same to be made available to the Project Coordinator upon request. Notwithstanding the preceding, the City agrees that Contractor's bonding requirement may be satisfied as provided in subsection 4.6.2 hereof. Contractor's employees shall be employees of Contractor and shall not be considered agents or employees of the City. Subject to the provisions of this Agreement,Contractor shall select the number, function, qualifications, and compensation (including benefits as applicable) of each and every one of its employees. In its performance of the Services, the Contractor shall comply, and shall be solely responsible for ensuring that its employees comply, with all applicable City, State, County, and Federal laws and ordinances including, without limitation, applicable ordinances, codes, and rules and regulations of the City (including, without limitation, the Policies and Procedures); ADA; and EEO Regulations and Guidelines. For the purposes of consistent staff rotation,all contractor employees assigned to the City of Miami Beach facilities under this contract will be replaced with entirely new staff on annual basis,effective every 12 month anniversary of the contract term. 4.1.1 Immediate Removal of Parking Meter Collectors: The City reserves the right, to be exercised by the Project Coordinator in his/her sole and reasonable discretion, to immediately require that the Contractor remove any meter collector(s), and/or supervisor(s) within one (1) hour of notification thereof, whether written or verbal, by the Project Coordinator to the Contract Manager, where the Project Coordinator has determined that said employee(s)is unfit for the duties he/she is assigned,or is otherwise deemed unacceptable by the Project Coordinator. Without limiting the foregoing, the Project Coordinator may deem an employee unacceptable where, in his/her sole and reasonable judgment, he/she determines that an 11 employee is not providing the Services and/or performing in accordance with the standard of quality and level of professionalism as would be commensurate with parking meter collectors/supervisors in similar municipalities or government agencies. The Project Coordinator may, without limitation, consider such factors as job knowledge; courtesy to the public; attendance; communication skills; honesty and integrity; and/or capability as a meter collector,and/or supervisor(as the case may be). 4.2 PUBLIC ENTITY CRIMES Prior to commencement of the Services, Contractor shall file with the Office of the City Clerk a State of Florida Form PUR 7068,Sworn Statement,under Section 287.133(3)(1), Florida Statutes, (Public Entity Crimes). 4.3 CONTRACT MANAGER Prior to commencement of the Services, Contractor shall appoint a trained and qualified individual, acceptable to the City Manager, to serve as Contract Manager for the Services. The Contractor Manager shall be fully responsible for the day-to-day activities under this Agreement,and shall serve as the primary contact for the Project Coordinator.The City Manager, in his/her sole and reasonable discretion, shall determine the Contract Manager's schedule. The Contract Manager shall be fully funded and paid by the Contractor. Contractor further agrees that,within fourteen(14) days written notice from the City Manager,Contractor shall promptly review and replace the Contract Manager assigned to this Agreement, which request may be made by the City Manager with or without stating cause for same. 4.4 DURATION AND EXTENT OF AGREEMENT (TERM) The initial term of the Agreement(Term)shall commence upon execution of the Agreement by all parties hereto, and shall have an initial term of three(3)years, with two(2)one-year renewal options, to be exercised at the City Manager's sole option and discretion. 4.5 INDEMNIFICATION Contractor agrees to defend, indemnify and hold harmless, the City of Miami Beach and its 12 officials,officers, employees, contractors,and agents,from and against any and all actions,claims, liabilities, losses, and expenses, including, without limitation, reasonable attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in 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 Contractor, and/or its officials, officers, employees, agents, contractors, and/or any other person or entity acting under Contractor's supervision and/or control,in connection with the Contractor's performance of the Services pursuant to this Agreement. To that extent, Contractor shall pay any and all such claims and losses,and shall pay any and 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 City shall make reasonable effort to provide Contractor with prompt written notice of any claim that the City is itself put on notice of, and for which it seeks indemnity under this Agreement, so that Contractor may timely defend any such claim. The parties agree that one percent(1%)of the total compensation for the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The parties acknowledge and agree that this Indemnity Agreement is intended to and shall survive termination and/or expiration of this Agreement. 4.6 INSURANCE / BONDING REQUIREMENTS 4.6.1 Insurance Requirements: 4.6.1.1 The Contractor shall not commence the Services until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager.The Contractor shall maintain and carry in full force during the Term, or throughout the duration of the Services, whichever period is longer, the following required insurance coverage: 13 1) Workers Compensation insurance for all employees of the Contractor as required by Florida Statute 440. 2) Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. 3) Automobile Liability insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All of the limits of insurance required pursuant to this subsection 4.6 shall be subject to review by the City Manager and, in connection therewith, Contractor shall carry, or cause to be carried, such additional amounts as he/she may reasonably require from time to time, but the City Manager may not impose such new limits any more frequently than once in every two (2) year period from the Commencement Date. Any requests by the City Manager that Contractor carry or cause to be carried additional amounts of insurance shall not be deemed reasonable unless such additional amounts are commonly carried in the case of similar services in South Florida of a size, nature and character similar to the size, nature and character of the Services. 4.6.1.2 All of Contractor's certificates for any coverage required under this Agreement shall contain endorsements providing that written notice shall be given to the City, through the Contract Administrator, at least thirty(30)days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager. These certificates will be kept on file in the office of the Risk Manager, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida, 33139. The Contractor shall also be solely responsible for obtaining, submitting, and maintaining 14 current and in full force, all insurance for its subcontractors. This coverage shall be subject to verification and other requirements for insurance,as required of Contractor's own required coverage under this subsection 4.6.1. 4.6.1.3 All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The companies must be 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 (subject to the approval of the City's Risk Manager). 4.6.1.4 Compliance with the insurance requirements in this Section, shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement including,without limitation, Contractor's obligation to indemnify and hold the City harmless pursuant to subsection 4.5 hereof. The City's Risk Manager shall have the right to obtain from Contractor specimen copies of any required insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. 4.6.2 Bonding Requirements: Third Party Fidelity Bond in the amount of $500,000.00, will be required of the Contractor. The Fidelity Bond must be in full force and effect throughout the Term. The Fidelity Bond shall be renewable annually and on the options. The form of the bond shall be approved by the City Attorney and shall be a corporate surety bond company licensed to do business in the State of Florida. The City of Miami Beach must be included as the oblige for this bond. 4.7 TERMINATION, SUSPENSION AND SANCTIONS 4.7.1 Termination for Cause: If the Contractor shall fail to fulfill in a timely manner, or otherwise violates any of the terms, 15 conditions, covenants, agreements, or stipulations in this Agreement, the City, through its City Manager, shall have the right to terminate the Agreement and the Services then remaining to be performed. Prior to exercising the option to terminate for cause, the City Manager shall notify the Contractor in writing of its violation of the particular term(s) of this Agreement, and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City Manager, may terminate this Agreement without further notice to Contractor. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any Agreement breach,error, or omission by Contractor. Additionally, the City may reasonably withhold payments to the Contractor for the purposes of set- off until such time as the exact amount of damages due the City from the Contractor is determined. 4.7.2 Termination for Convenience of the City: NOTWITHSTANDING THE LANGUAGE IN SUBSECTION 4.7.1, THE CITY (THROUGH ITS CITY MANAGER)MAY, FOR ITS CONVENIENCE AND WITHOUT CAUSE,TERMINATE THIS AGREEMENT AND THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY TIME BY GIVING THIRTY (30) DAYS WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE AS OF THE DATE SPECIFIED IN THE NOTICE TO CONTRACTOR. 4.7.3 Termination for Insolvency: The City also reserves the right to terminate the Agreement and the remaining Services to be performed in the event the Contractor 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 4.7.2. 4.8 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City Commission which consent, if given at all,shall be at the 16 Commission's sole and reasonable discretion. 4.9 AUDIT AND INSPECTIONS At any time during normal business hours, and as often as the City Manager may deem necessary during the Term hereof,Contractor shall make available to the City Manager and/or such representatives as he/she may deem to act on his/her behalf, to audit, examine, inspect, and/or copy, any and all records and documents of Contractor's related to the Services and any other matters covered by this Agreement including, without limitation, all contracts, invoices, payrolls, records of personnel, conditions of employment, and such other data, records, documents, and/or materials as may relate to the Services and any other matters covered by this Agreement (collectively,the Records). Contractor shall maintain any and all such Records throughout the Term, and for a period of three (3) years after expiration of the Agreement and/or the conclusion of the Services (whichever is later). 4.9.1 Access to Records: Contractor agrees to allow the City Manager, and/or such authorized representatives as he/she may deem to act on behalf of the City, access during normal business hours to all Records pertaining to this Agreement and the performance of the Services, and agrees to provide such assistance as may be necessary to facilitate audit(whether financial or otherwise)and/or inspection by the City Manager or his/her representatives. 4.9.2 Contractor shall bind any of its sub-contractors performing any portion of work and/or services under this Agreement to the provisions of Sections 4.9 and subsection 4.9.1 hereto. 4.9.3 Annual Performance Evaluation and Audit: It is the parties' intent to stay informed of comments and suggestions by the City regarding Contractor's performance under this Agreement. Accordingly,within thirty(30)days after the end of each contract year during the Term, the City Manager and Contractor shall meet to review and evaluate Contractor's performance under the Agreement for the previous contract year, following 17 which a detailed written report/performance evaluation shall be prepared and presented by the City Manager to the City Commission either(at the Manager's election)as a report submitted to the City Commission pursuant to a regular Commission agenda, or via Letter to Commission format. 4.10 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, intersexuality,age, national origin, place of birth, marital status,sexual orientation,gender identity or disability. The Contractor shall take such action as may be necessary to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, intersexuality,age, national origin, place of birth,marital status,sexual orientation, gender identity, or disability. 4.10.1 Sanctions for Noncompliance with Nondiscrimination Provisions: In the event of Contractor'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, without limitation, withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or cancellation or termination of the Agreement(and of the Services). In the event the City cancels or terminates the Agreement, pursuant to this subsection, the rights and obligations of the parties shall be the same as provided in Section 4.7.1. 4.11 CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by the Miami-Dade County Ethics and Conflict of Interest laws, as same may be amended from time to time, and by the City of Miami Beach Charter and Code, as same may be amended from time to time, in connection with the performance of the Services. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which would conflict in any manner or degree with the performance of the 18 Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. 4.12 NOTICES All communications relating to the day-to-day activities under the Agreement shall be exchanged between the Contract Manager appointed by Contractor and the City's Project Coordinator. The Contract Manager and Project Coordinator shall be designated by the parties, in writing, no later than the Commencement Date. Any subsequent replacements shall also be designated in writing. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid(or air-mailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: LAZ Florida Parking, LLC 404 Washington Avenue, Suite 720 Miami Beach, FL 33139 Attention:Christopher Walsh, Regional Vice-President WITH COPIES TO: TO CITY: City of Miami Beach Office of the City Manager 1700 Convention Center Drive, 4th Floor Miami'Beach, FL 33139 (305)673-7010 Attn: Jimmy Morales, City Manager and City of Miami Beach Parking Department 1755 Meridian Avenue, Suite 200 Miami Beach, FL 33139 (305) 673-7000, extension 6483 Attn: Saul Frances, Parking Director 19 WITH COPIES TO: City of Miami Beach Office of the City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Kathie Brooks, Assistant City Manager Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch,on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.13 GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND 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. 4.13.1 If a dispute arises out of, or related to, this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiations,the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association, or other similar alternative dispute resolution organization, person or source agreeable to the parties, before resorting to litigation or other dispute resolution procedure. 4.14 COMPLIANCE WITH ALL APPLICABLE LAWS The Contractor, its officials,officers,employees,contractors,and agents shall comply with all applicable Federal, State and County laws; the Charter, related laws, Code, and ordinances of the City of Miami Beach;the Policies and Procedures; and any and all applicable rules and regulations 20 promulgated by local, State and national boards, bureaus and agencies as they relate to this Agreement. 4.15 EMPLOYEE/SUB-CONTRACTOR SKILL, KNOWLEDGE AND EXPERIENCE The Contractor represents that it has made, and will continue to make, reasonable investigation of all employees to be utilized in the performance of the Services,to determine that all possess the requisite skill, knowledge, and experience necessary to enable them to perform their respective work and/or portion of the Services, in accordance with the level of service and quality associated with the operation of similar municipalities or government agencies. Notwithstanding the preceding, or any other term or condition of this Agreement, Contractor shall be primarily and solely responsible to the City for the performance of the Services under this Agreement. 4.16 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 its 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 total amount of$50,000, less any sums actually paid thereon by the City to Contractor (in consideration of any Services satisfactorily rendered). Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount equal to $50,000, less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess $50,000, which amount shall be reduced by such amounts actually paid by the City to Contractor pursuant to this Agreement, for any action or claim for breach of obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed. 21 4.17 NO PARTNERSHIP Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between City and Contractor. 4.18 MOST FAVORED CUSTOMER The Contractor warrants and represents to the City that the prices,warranties, benefits and terms set forth in this Agreement shall be at least equal to (or more favorable to the City than)the prices, warranties, benefits and terms now charged or offered or offered by Contractor in the State of Florida, or that may be charged or offered during the Term of this Agreement by Contractor in Florida, for the same or substantially similar services as provided in this Agreement. If at any time during the Term, Contractor enters into another agreement in Florida, for the same or substantially similar services as provided in this Agreement,on a basis that provides prices, warranties, benefits and term more favorable than those provided to the City hereunder, then Contactor shall, within thirty (30) calendar days thereafter, notify the City of such fact, and (regardless of whether such notice is sent or received by Contractor or received by the-City) this Agreement shall be deemed to be automatically amended, effective retroactively to the effective date of the more favorable agreement,to provide the same prices,warranties, benefits and terms to the City; provided that the City shall have the right and option to decline to accept any such change, in which event such amendment shall be deemed null and void. 4.19 ENTIRETY OF AGREEMENT This writing, the Services, the Proposal Documents, and any exhibits and attachments hereto, are intended to embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings,oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 22 4.20 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor"as defined in Section 119.0701(1)(a), the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer to the City, at no cost to the City, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Contractor upon termination of this Agreement. Upon termination of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Contractor's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. 23 In the event the Contractor does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 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: 1i 41111 R F It By: •4‘‘ .Sy: '1/� '� f Rafael E. Granado f Q` . City CI,.rk z z 'r----,)#5,,,;;:e IVlayp / e Date: Ce 3 �° 0 �rBATE■ GORP1 ,? vif FOR CONTRACTOR: �0 kid ri`. a Parking, LLC ATTEST: I a 1 By: agMla By: 411 _ Chri _ .her Walsh I Regio al Vice-President Print Name/Tit- Date: 3-- 3 / Co / P•I ping 1$manlrarlagreementlmetercollection-Iaz-2015.doc APPROVED A&TO FORM & LANGUAGE & FOR EXECUTION T.GAA 090- 5,3- tL 24 City Attorney 46-i Dote • .fir- _ - •.l - ,�.: - - , • x Exhibit"A" Proposal Documents (See attached) _ • • • L • • 26 RESOLUTION NO. 2015-29125 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,-ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-135-WG FOR PARKING METER COLLECTION SERVICES, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP- RANKED PROPOSER, LAZ FLORIDA PARKING, LLC.; SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH LAZ FLORIDA PARKING, LLC., AUTHORIZING THE ADMINISTRATION TO ISSUE A NEW RFP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals No. 2015-135-WG was issued on April 21, 2015 (the RFP); and WHEREAS, a voluntary pre-proposal meeting was held on April 27, 2015; and WHEREAS, on July 10, 2015, the City received four (4) proposals from EYSA USA, LLC., LAZ Florida Parking, LLC., Republic Parking System, Inc., and SP Plus Corporation; and WHEREAS, on August 5, 2015 an Evaluation Committee selected by the City Manager convened to consider all proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of the proposal; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Committee's ranking was as follows: Laz Florida Parking, LLC., top- ranked; SP Pius Corporation, tied as top-ranked; EYSA USA, LLC., third highest ranked; and Republic Parking System, Inc., fourth highest ranked; and WHEREAS, Republic Parking System, Inc., was deemed non-responsive to the RFP's Minimum Requirements; and WHEREAS, were two proposers ranked at number one (LAZ Florida Parking, LLC and SP Plus Corporation); and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings of the proposals, the City Manager noted that, in addition to having received a greater number of first place votes from the Evaluation Committee, the overall cost proposal submitted by LAZ Florida Parking, LLC., represents a greater cost savings to the City; and WHEREAS, based on the Evaluation Committee ranking, and the cost savings, the City Manager recommends the Mayor and the City Commission authorize the Administration to enter into negotiations with Laz Florida Parking, LLC. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Proposals No. 2015-135-WG (the RFP), for Parking Meter Collection Services; authorize the Administration to enter into negotiations with LAZ Florida Parking, LLC; should the Administration not be successful in negotiating an agreement with Laz Florida Parking, LLC., authorize the Administration to issue a new RFP; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this o? day of 57,p-e 6'2015. ATTEST: %%%%\ppq\�\%%%%%% 1 r st, I,:.r ,R • vine, a o•Ra�.el E. Gra ado, „' 's' �� '�y� �� V�Y 7� * .IiJCORF ORATED• ; , %'CH 2E) __•° TiAaeicigi i ept`ember4i Teadi5=73SN/GParkinp;lv tiffej-PeCTErT;eyvites�Jeso:doC APPROVED AS TO FORM & LANGUAGE- & FOR EXECUTION R93.- siL.- 5 City Attorney Dote COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS,PURSUANT TO REQUEST FOR PROPOSALS(RFP)NO.2015-135-WG FOR PARKING METER COLLECTION SERVICES Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The Administration issued RFP 2015-135-WG to seek the proposals from qualified contractors to provide Parking Meter Collection Services.The RFP was approved for issuance by the City Commission on April 15, 2015. The RFP was released on April 21, 2015. A pre-proposal conference to provide information to the proposers submitting a response was held on April 27, 2015. On July 10, 2015, the City received proposals from: EYSA USA, LLC., LAZ Florida Parking, LLC., Republic Parking System, Inc., and SP Plus Corporation. On August 5, 2015,the Evaluation Committee appointed by the City Manager convened to consider the proposals received. The Committee was instructed to score and rank the sole proposal received pursuant to the evaluation criteria established in the RFP. The results of the evaluation committee process,which resulted in a tie between Laz Parking Florida and SP Plus Corporation were presented to the City Manager for his recommendation to the City Commission. The City Manager considered all the submissions and the results of the Evaluation Committee Process, including the apparent tie between Laz Florida Parking and SP Plus Corporation. With Regard to the apparent tie between Laz and SP Plus, the City Manager also considered that, subsequent to the Evaluation Committee process,the proposal received by Republic Parking Systems was deemed to be non-responsive following a further review of responsiveness by the City Attorney and was disqualified for failure to meet the minimum requirements.With Republic disqualified from the process,the Evaluation Committee's scoring results in revised rankings as follows: Laz Florida Parking, as first-ranked proposer; SP Plus, as second-ranked proposer; EYSA USA, as third-ranked proposer. The City Manager also notes that, in addition to receiving the first place rank as a result of the Evaluation Committee's review of proposals(following the non-responsive determination of the proposal submitted by Republic), Laz Florida Parking did receive more first place ranks from the Evaluation Committee than did SP Plus, as well as having submitting a lower cost proposal. Therefore, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Laz Florida Parking,LLC;further authorizing the Mayor and City Clerk to execute an agreement upon successful negotiations by the Administration. RECOMMENDATION ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 2 Financial Impact Summary:The annual cost associated with the parking meter collection services is subject to the funds availability approved through the City's budgeting process. City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: e s artmen j' ector •a.istant Ci ,„er Cit r;ry •er , is T:'AGENDA\2015\Septe,;fir 21Procurement\RFP I...-135-WG Parkin ATr Collection Services-SUMMA.' oc • AGENDA ITEM Q871Y, MIAMI BEACH DATE q�"l m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.gov COMMISS *N MEMORANDUM TO: Mayor Philip Levine and Members of t e City Corn ��ission � FROM: Jimmy L. Morales, City Manager �� DATE: September 2, 2015 � 1 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPT! G THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 2015-135-WG FOR PARKING METER COLLECTION SERVICES. • ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Build and maintain priority infrastructure with full accountability. FUNDING The annual cost associated with the parking meter collection services is subject to the funds availability approved through the City's budgeting process. BACKGROUND The Administration issued RFP 2015-135-WG to seek proposals from qualified firms interested in • partnering with the City for parking meter collection services of single space parking meters and/or multi-space pay stations owned and located within the City of Miami Beach. RFP PROCESS The RFP was released on April 21, 2015. A pre-proposal conference to provide information to the proposers submitting a response was held on April 27, 2015. On July 10, 2015, the City received proposals from the following firms: Eysa USA LLC. Laz Florida Parking LLC. Republic Parking System Inc. SP Plus Corporation. On July 6, 2015, the City Manager appointed, via letter to Commission (LTC) No. 273-2015, an Evaluation Committee(the Committee), consisting of the following individuals: • Monica Beltran, Assistant Director, Parking Department, City of Miami Beach • Georgie Echert, Assistant Director, Finance Department, City of Miami Beach • • Laura Franco-Rubines, Assistant Internal Auditor, Internal Audit Department, City of Miami Beach • Nawaz Gilani, Neighborhood Leadership Academy, Resident • Madeleine Romanello, Transportation, Parking & Bicycle-Pedestrian Facilities Committee, Resident • Commission Memorandum—RFP 2015-135-WG Parking Meter Collection Services September 2, 2015 Page 2 The following Alternates were also appointed: • Leif Bertrand, Neighborhood Leadership Academy, Resident • William Hahne, Transportation, Parking & Bicycle-Pedestrian Facilities Committee, Resident • Jim Sutter, Internal Auditor, Internal Audit Department, City of Miami Beach On July 30, 2015, the City Manager via Letter to Commission (LTC) No. 306-2015, revised the Evaluation Committee(the"Committee"), as follows: , • Monica Beltran, Assistant Director, Parking Department, City of Miami Beach, was unable to participate as an evaluation committee member and was therefore removed. • Rocio Alba, Administrative Service Manager, Parking Department, City of Miami Beach, was added. The Committee convened on August 5, 2015, to consider the proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFP. _ ,Evaluation Criteria Total Points' • . Proposer Experience and Qualifications, including Financial Capability 30 Scope of Services Proposed 20 Approach and Methodology 20 Public Benefit 20 The RFP also stipulated that additional points would be applied, if applicable pursuant to the City's Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's reference. After proposer's presentations and interviews, the Committee discussed the proposers' qualification, experience, and competence, and further scored the proposers accordingly. The final rankings are as follows: • 'REPO 2015-135-WO Parking:. Laura • LOW Meter Collection Services Georgia Franco- Nawaz Madeleine AGGREGATE Rook.Abe Ranking Echert Ranking Rubines Ranking Gilani Ranking Rartfane0o Ranking TOTALS Rank EYSA USA LLC 64 4 79 4 92 3 83 1 92 2 - 14 3 LAZ Florida Parking.LLC 88 2 98 1 96 1 88 4 96 1 9 1 Republic Parking System Inc. 77 3 85 3 75 4 89 3 90 4 - - 17 4 SP Pk,s Corporation 90 1 93 2 96 1 90 2 91 3 9 1 COST Maximum Allowable Proposer Total Cost Points Total Points Awarded' EYSA USA,LLC 5 227,290.00 10 9 LAZ Florida Parking,LLC S 259 606.00 10 8 Republic Parking System.Inc. S 215 500.00 10 10 SP Plus Corporation 5 268.036 00 10 8 In determining responsiveness and responsibility of the firm, the Department of Procurement Management verified compliance with the minimum requirements established in the RFP, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each proposer. II • Commission Memorandum—RFP 2015-135-WG Parking Meter Collection Services September 2, 2015 Page 3 MANAGER'S DUE DILIGENCE The City Manager considered all the submissions and the results of the Evaluation Committee Process, including the apparent tie between Laz Florida Parking and SP Plus Corporation. With Regard to the apparent tie between Laz and SP Plus, the City Manager also considered that, subsequent to the Evaluation Committee process, the proposal received by Republic Parking Systems was deemed to be non-responsive following a further review of responsiveness by the City Attorney and was disqualified for failure to meet the minimum requirements. With Republic disqualified from the process, the Evaluation Committee's scoring results in revised rankings as follows, thereby eliminating the previous tie between Laz and SP Plus: RFP i9 2015135• LOW WG Parking.,' Laura AGGREG Meter Collection Georgie Franco- Nawaz Madeleine 9 f •Services• Rocio Alba Ranking Echert Ranking Rubines Ranking Gilani Ranking Romanello Ranking ' TOTALS Rank iEYSA USA.LLC 64 3 79 3 92 3 93 1 92 2 - 12 3 LAZ Florida (Parking.LLC 88 2 98 1 96 1 88 3 96 1 •8 1 ISP Plus :Corporation 90 1 93 2 96 1 90 2 91 3 9 2 The City Manager also notes that, in addition to receiving the first place rank as a result of the Evaluation Committee's review of proposals (following the non-responsive determination of the proposal submitted by Republic),. Laz Florida Parking did receive more first place ranks from the Evaluation Committee than did SP Plus, as well as having submitting a lower cost proposal. The RFP outlined a unit cost for collection of single space parking meters (SSPM) and multi- space pay stations (MSPS). The City dictates the frequency and quantities of SSPM and MSPS to be collected. Specifications-for each type of meter collection were included in the RFP, including transporting of funds, revenue responsibilities, and performance standards. Single Meter Multi-Space Total Cost Based Collections Meter Collections on Current (2400 annual (17,000 annual Annual estimate) estimate)' Estimates' Laz Parking Florida $1.99 $14.99 $262,006 SP Plus $1.89 $15.50 $270,436 1While the total cost difference now between the two proposers appears nominal, the City anticipates that the number of Multi-Space Meters, and their respective collections, will continue to grow, as will the number of Single Meters, and their respective collections, continue to decline. This trend will exacerbate the difference in cost between the two bidders. Therefore, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Laz Florida Parking, LLC. In making this recommendation, the City Manager has also considered Section 2-369, of the Code of the City of Miami Beach, which states that, in the award of contracts, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. Commission Memorandum—RFP 2015-135-WG Parking Meter Collection Services September 2, 2015 Page 4 Laz Florida Parking, LLC, manages 14 locations across Miami Dade County and is a wholly owned subsidiary of Laz Karp Associates, LLC, which operates in 26 states and hundreds of cities across the United States. Laz Florida Parking has the capacity to perform the referenced contract. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution accepting the recommendation of the City Manager, pursuant to Request for Proposal (RFP) No. 2015-135-WG, for Parking Meter Collection Services, authorizing the Administration to enter into negotiations with Laz Florida Parking, LLC; and further authorizing the Mayor and City Clerk to execute an agreement with the successful firm upon completion of successful negotiations by the Administration. JLM/KB/MT/SCT/AD T:\AGENDA\2015\September\PROCUREMENT\RFP 2015-135-WG Parking Meter Collection Services-Memo.doc • • •_ - Exhibit"B>; • ' City of Miami Beach Parking Department - • Policies and Procedures for Meter Collection Services, • (See attached) • . • .4. • • • • • • • • i - .2 • • Exhibit B CITY OF MIAMI BEACH PARKING DEPARTMENT METER COLLECTION STANDARD OPERATING PROCEDURE The following procedures are in place in an effort to ensure the integrity and security of the individual, as well as all those involved with the meter collection process. Meter collection crew meets in front of the coin room (1755 Meridian Avenue, 1st Floor) at 6:30 am. I. EQUIPMENT The collection crew is issued equipment (data retrieval handheld devices, electronic keys, sealed coin collection buckets and bill canisters) on a daily bases in order to perform the meter collection. All equipment is issued at the start of their shift and must be returned to the coin room at the end of their shift. A. Keys: each collector is assigned his own set of keys consisting of electronic meter keys and meter bag keys. Collector must sign the Key Registry Log issued by coin room personnel to confirm that he/she has received the stated keys. Keys cannot be inter-changed; each collector is responsible for his/her set of keys. All keys are accompanied by a holster which secures the keys and should be attached to the waist band of the collector at all times. B. Data retrieval handheld devices: each collector is given a data retrieval handheld device. Collector must inspect device and acknowledge that it is received in good working order by signing the Key Registry Log. C. Single space coin canisters: coin room personnel labels and prepares the canisters that are needed for the day's collection based on the number of single space meters being collected. Collectors enter the coin room and retrieve the canisters that have been separated for the day. The canisters are counted by both the coin room personnel and the collection crew supervisor (or designee) and logged in the Key Registry Log. Collector must confirm that canisters have the appropriate seals and locks. Any deficiencies must be reported and corrected before leaving the coin room. D. Multi-space coin canisters: coin room personnel prepare the canisters that are scheduled for the day's collection. Collectors enter the coin room and retrieve the canisters that have been separated for the day. The canisters are counted by both the coin room personnel and the collector and logged in the Ley Registry Log. Collector must confirm that canisters are numbered and that they have the appropriate seals and locks. Any deficiencies must be reported and corrected before leaving the coin room. E. Multi-space bill canisters: coin room personnel prepare the canisters that are scheduled for the day's collection. Collectors enter the coin room and retrieve the canisters that have been separated for the day. The canisters are counted by both the coin room personnel and the collector and logged in the Control Log Sheet. Collector must confirm that canisters are numbered and that they have the appropriate seals and locks. Any deficiencies must be reported and corrected before leaving the coin room. All equipment must remain in the possession of the collector at all times. Equipment is not transferable to another collection crew without approval by the coin room personnel. II. COLLECTION PROCESS Coin room personnel issues a list of the single space meters zones and multi-space meters that need to be collected. The work load is distributed by collection crew and noted on the Daily Meter Collection Sheet and Master Meter Collection Sheet. A. Single Space Meter: The City of Miami Beach Parking Department currently operates MacKay Guardian XLE single space meters; however, the City reserves the right to retain or replace any and all single space and/or multi-space pay stations, in its sole and absolute discretion. The successful proposer shall be required to make reasonable adjustments in order to perform the collection duties described herein as a result of any new and/or replacement of single space meters and/or multi-space pay stations. 1. Unlock the parking meter vault door by utilizing a Medeco key for the electronic locking system 2. Remove the sealed (locked) coin can from the meter vault area of the single space meter and insert into the single space coin canister's sealed cylindrical collection device that engages (unlocks) the coin can from the meter. 3. Deposit coin can's contents into the single space coin canister. 4. Return empty coin can to the corresponding single space parking meter. 5. Ensure that meter vault door is locked when vault is closed. 6. Once the meter is collected, retrieve parking meter revenue data via use of a hand held device. Handheld device will beep and the # of audits will increase if the data has been collected successfully. It is important that this step take place AFTER the meter is collected. This process is repeated at all the parking single space meters located within the zones that are scheduled for collection, including meters that are bagged by the City. If the meter is bagged by the City, the Collector will remove the bag with the meter bag key that was provided by coin room personnel. If any problem is encountered during the collection process, a meter technician must be notified immediately. Additionally, any issues encountered should be clearly noted in the Daily Collection Reports. B. Multi-Space Pay Stations: The City of Miami Beach Parking Department currently operates T2 Luke II pay stations; however, the City reserves the right to retain or replace any and all single space and/or multi-space pay stations, in its sole and absolute discretion. The successful proposer shall be required to make reasonable adjustments in order to perform the collection duties described herein as a result of any new and/or replacement of single space meters and/or multi- space pay stations. 1. Luke II Station: Unlock the collection door by inserting the electronic key into the appropriate area. This will unlock the collection door where both coin and bill canisters are accessed for replacement. Swap out used bill and coin canisters for new (empty) canisters. 2. Log the machine # accessed with the can#(s) retrieved and can#(s) replaced. 3. Retrieve printed tape from each and every pay station where collections have been performed, if applicable, and attached to corresponding canister(s). 4. Start a transaction on the pay station to verify that the unit is accepting bills, coins and credit cards as a method of payment. This will ensure that there were no problems with the collection. If a failure occurred and pay station freezes please contact Meter Technician. 5. Write machine number on label attached to each collection canister. Ill. PAPERWORK A. Daily Meter Collection Sheet: 1. This form shows what zones will be collected, how many canisters the collectors will be issued and zone assignments per collection crew. 2. A list of the Multi Space meters that need to be collected will be attached to the Daily Meter Collection Sheet. This list indicates if coins and/or bills need to be collected. 3. The collection/route sheet is the collector's outline as to what they are responsible for collecting on that specific day. 4. Two (2) additional spare coin canisters and two (2) additional bill canisters are given to each collection crew to be used if needed. 5. Once daily collection process is completed, the collectors must count and return all canisters. 6. Collectors shall individually weigh and organize all canisters by zone inside the coin room. B. Single Space Meter Non-Collect Report/Master Meter Non-Collect Report: The Non-collect report is used by the collectors to log down their daily activities. This form is where the collector accounts for any issues encountered during the collection process. One sheet should be completed per zone and all required information should be noted including: 1. The name of Technician assigned to the area. 2. The zone and amount of time spent collecting it. 3. Any problems encountered while collecting bad locks, broken keys, open meters, missing cans, canister problems, missing keys, etc. must be logged. 4. Meters that cannot be audited and reason why. (Example meter is bagged, dead battery; meter does not audit due to bad mechanism). 5. Trip hazards; u-iron stubs, meter pole stubs, and old patchwork which needs repair. 6. List of meters that do not open or are difficult to open. Missing cans or cups, vandalized meters, lose poles, missing heads, or poles. In addition, fade meter numbers or missing meter numbers. This will assure proper documentation. 7. Signage, which needs to be, replaced either because it is faded, dangerously loose, or is improperly installed. C. Damaqe Report: In the event that any equipment is damaged, a Damage Report needs to be filled out by the collector, whether or not the damage was their fault. This form is used to report the incident and a description of the occurrence should be included in this form. This form needs to be signed by the collector and supervisor. IV. DAILY COLLECTIONS A. Once collectors receive canisters from coin room they must go directly to the van together and load van. B. All canisters must be placed in van not thrown in. C. Each canister must be placed in the metal casing, and locked into place. D. Whenever a canister is taken out or put back, it must always be locked even if employee is in the van. E. Each canister must be placed it its compartment and locked. This must be done with empty and full canisters. At no time shall a canister be unlocked. F. If single space canister tips over it must be logged in route sheet. G. Collectors must load and unload van together. H. Van must always be locked even if collector is in van. I. When collecting van must always be parked on busiest and most visible avenue or street. r J. Van must also be parked in a legal parking space. At no time shall van be parked at a fire hydrant, lane of traffic, No Parking area, etc. K. When opening a meter, collector must insert key turn and then pull door open. Collector then takes can out and empties it completely into canister. L. Any change (coins) in the vault (bottom of meter) must be removed by collector and inserted into can before emptying into canister. M. Collector must report all loose meter heads. N. If meter is found open and/or if can is missing collector must call supervisor immediately and wait at meter for further instructions. O. Once can is empty collector must then properly align the can in cup, close the vault door, turn key, and lock door. Once locked the collector must vigorously tap the vault door to make sure it is properly closed. P. If collector finds a defective can, (one he can not empty, or gets stuck in the canister) he must call supervisor before going to the next meter. The supervisor will then give the collectors instructions on what to do. Q. After collection of all zones is completed collectors returns all canisters and keys to coin room, and completes daily paperwork. Collector must ensure that all paperwork is accurate. Falsification of paperwork is not acceptable and could lead to disciplinary action and termination. R. Collector must have a phone and valid driver's license on him at all times. S. Collector must answer phone at all times, even while on break. • • • • Exhibit "C • City of Miami Beach Living Wage Ordinance (See attached) • • • • 28 ORDINANCE NO. 2010-3682 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED, "ADMINISTRATION;" BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT", BY AMENDING DIVISION 6 ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", SECTIONS 2-407 THROUGH 2-410 THEREIN; AND PROVIDING FURTHER FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 2, Article VI, Division 6, Sections 2-407 through 2-410, of the Code of the City of Miami Beach, Florida, is hereby amended as follows: DIVISION 6. LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES Sec. 2-407. Definitions. City means the government, of Miami Beach or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Covered employee means anyone employed by the city or any service contractor, as further defined in this division, either full or part time, as an employee,with or without benefits OF Covered employer means the city and any and all service contractors, whether contracting directly or indirectly with the city, and subcontractors of a service contractor. Health benefits shall, at a minimum, mean health insurance coverage which consists of wellness and preventive care, including maternity, and that meets the requirements of a "standard health benefit plan" as defined in Subsection 627.6699(12)(b)(4), Florida Statutes, as may be amended from time to time. Service contractor is any individual, busifless tity, corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or similarother business entity who is conducting business in Miami Beach, , and who is eithermeets a71. Ppaid in whole or part from one or more of the city's general fund, capital project finds, special revenue funds, or any other funds, either whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; or b2. Eengaged in the business of, or part of; a contract to provide, or a subcontract to provide, services, eithef for the benefit of the city. However, this does not apply to contracts related primarily to the sale of products or goods. Covered services are the type of services purchased by the city that are subject to the requirements of this division which include the following: (1) City service contracts. Contracts involving the city's expenditure of over $100,000.00 per year and which include the following types of services: a. Food preparation and/or distribution; b. Security services; c. Routine maintenance services such as custodial, cleaning, computers,refuse removal, repair, refinishing, and recycling; d. Clerical or other non-supervisory office work, whether temporary or permanent; e. Transportation and parking services; f. Printing and reproduction services; g. Landscaping, lawn, and or agricultural services; and h. Park and public plaseprooerty maintenance. (2) Should any services included in subsection 1(a) — (h) that are being performed by city employees at the time this division is enacted be solicited in the future by the city to be performed by a service contractor, such services shall be covered services subject to this division. Sec. 2-408. Living wage. (a) Living wage paid. (1) Service contractors. Al.lAny service contractors, , entering into a covered services contract with the city shall pay to all its employees who provide services covered by this division, a living wage of no less than $8;5611.28 an hour with health benefits, or a living wage of not less than $9-8-4 2.92 an hour without health benefit sr (2) Phase-inCity�-employees. Effective October 1, 2010, the living wage in subsection (a) will be implemented on a phase-in basis beginning in the 2001 _20022010-2011 city 2 budget year, increasing on an annual basis incrementally so that the living wage is fully implemented for citycovered employees in the 2003 20042012-2013 city budget year'- - - - - _= -- =- - -- - _ - - - : _ . (b) Health benefits; eligibility period. For a covered employer or the city to comply with the living wage previsienrequirements of this division by choosing to pay the lower wage scale available when a covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.251.642 per hour toward the provision of a health benefits plan for covered employees and their dependents. If the health benefits plan of thee covered employer or the city requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period) the living wage provisiearequirements of this division shall be deemed to behave been complied with during the eligibility periods provided the covered employer or- he-city commences to pay athe applicable living wage rate without health benefits , effective as of the date of hire of the covered employee. Upon completion of the eligibility period, and provided the new employee will be provided health benefits, a covered employer may commence to pay the ecaleapplicable living wage rate with health benefits. Proof of the provision of health benefits must be submitted to the itv's procurement director to qualify for the wage rate for employees with health benefits. (c) Annual Open Enrollment/Election of Benefits. If a covered employee is being paid the hourly living wage rate with health benefits and elects, during such period of time (but no less than once during the covered employer's fiscal year) on which the covered • employer permits its employees an opportunity to change their health benefits plan coverage (hereinafter such election period shall be referred to as the "annual open enrollment period") to no longer continue receiving coverage under the employer's health benefits plan, then — notwithstanding the covered employer's continuing to offer a health benefits plan to employees —the covered employee (electing out of coverage during the annual enrollment period) shall, by the next pay period, be paid the applicable hourly living wage rate without health benefits. The covered employer may, in its reasonable iudgment and discretion, determine the length of time Using the proposed three (3) year phase-in, commencing with city fiscal year 2010-11 (October 1, 2010), the 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 living wage rate will be $10.72/hr with health benefits, and $12.17 without benefits: and commencing with city fiscal year 2012-13 (October 1, 2012), the living wage rate will be$11.28/hr with health benefits, and$12.92/hr without benefits. 2 Using the proposed three (3) year phase-in pursuant to Section 2-408(2), commencing with city fiscal year 2010-11 (October 1, 2010), the health benefits rate will be at least $1.25/hr, commencing with city fiscal year 2011-12 (October 1. 2011). the health benefits rate will be at least$1.45/hr: and commencing with city fiscal year 2012-13(October 1, 2012),the health benefits rate will at least$1.64/hr. 3 for the annual open enrollment period; may require employees to complete and return a benefits election form: and, in the event that a covered employee does not complete and return such election form to the covered employee during the prescribed time of the annual open enrollment period, then the covered employer may treat the covered employee as having elected to continue with the health plan benefits coverage (then in effect) and, accordingly, may continue to pay the covered employee the applicable hourly living wage rate with health benefits. (de) Indexing. The living wage rate and health care benefits rate willmay, by resolution of the city commission be automatically indexed each yeafannually for inflation using the Miami PMSA Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%); nor shall an annual increase exceed the corresponding annual compensation increase (if any) provided to unrepresented (i.e. unclassified) city employees. The city commission may also. by resolution. elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement samctlao CPI U jin a particular year. The determination to index (or not index) the living wage rate shall be considered annually during the city commission's review and approval of the city's annual operating budget. In the event that the city commission has determined, in any particular fiscal year (or years), to not index the living wage rate, and thereafter determines that making up all or any part of the prior year's (or years') unindexed percentage would not have an adverse fiscal impact upon the City, then the city commission shall also have the right, but not the obligation, to cumulatively index the living wage rate to "make-up" for any deficiencies in the prior year (or years) where there was (were) no increase(s) (the "catch up" election). The "catch-up" election must be approved by resolution, and may only be considered during the city commission's review and approval of the city's annual operating budget. (e4) Certification required before payment. Any and all contracts for covered services shallmay be voidable, and no funds may be released, unless prior to entering any agreement with the city for a covered services contract, the employefservice contractor certifies to the city that it will pay each of its covered employees no less than the living wage described in section 2-408(a). A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the covered employer, a local contact person, and the specific project for which the covered services contract is sought; (2) The amount of the covered services contract, a brief description of the project or service provided, and the city department the contract will serve; (43) A statement of the wage levels for all employees; and (54) A commitment to pay all covered employees athe living wage, as defined by section 2-408(a), and including, without limitation, any annual indexes thereto (as provided in section 2-408(d). 4 (fe) Observation of other laws. Every covered employee shall be paid not less than biweekly, and without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The covered employer shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (gf) Posting. A copy of the most current living wage rate shall be kept posted by the covered employer at the site of the work in a prominent place where it can easily be seen and read by I the covered employees, and shall also be supplied to the employee within a reasonable time after a request to do so. Posting requirements will not be required where the covered employer prints the following statements on the front of the covered employee's first paycheck and every six,months thereafter: "You are required by City of Miami Beach law to be paid at least $8g6 dollars JNOTE: Covered employer to insert applicable living wage ratelan hour. If you are not paid this hourly rate, contact your employer, an attorney, or the City of Miami Beach." All notices will be printed in English, Spanish, and Creole. h( g) Collective bargaining. Nothing in this division shall be read to require or authorize any covered employer to reduce wages set by a collective bargaining agreement or afeas required under any prevailing wage law. (i) Tip credit exemption. For a covered employee who reqularly receives tips or gratuities (hereinafter "tips") as part of his/her pay, a covered employer will be exempt from payment of the applicable hourly living wage rate for such employee provided that the following requirements are met: 1. In order to qualify for the exception, the covered employer must claim a "tip credit" under the federal Fair Labor Standards Act (FLSA): 2. The exception shall only apply to covered employees who receive tips as part of their compensation (i.e. waiters, bartenders, hostesses, busboys, etc.): 3. The covered employer shall be solely responsible for assuring that all tipped covered employees meet the eligibility requirements for the tip credit under the FLSA. 4. The covered employer may only credit toward satisfaction of the applicable hourly living wage requirement, tips up to the maximum amount of the allowable tip credit: and 5. The covered employee's tips plus direct hourly wage combined must add up to at least the applicable hourly living wage rate. Notwithstanding anything in this subsection, tipped covered employees must receive at least the applicable hourly living wage rate when their direct wages and tips are combined. 5 Sec. 2-409. Implementation. (a) Procurement specifications. The living wage shall be required in the procurement specifications for all covered services contracts on which bids or proposals shall-beare solicited on or after the effective date of this division. The procurement specifications shall include a requirement that service contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance with this division upon request from the city. All covered service contracts awarded subsequent to the date when this division becomes effective, shall be subject to the requirements of this division. All procurement specifications for city covered services contracts shall include appropriate information about the requirements of this division. (s2) Maintenance of payroll records. Each covered employer shall maintain payrolls for all covered employees and basic records relating thereto,. and shall preserve them for a period of three Lyears or the term of the covered services contract, whichever is greater. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information this division should require from time to time. (dg) Reporting payroll. Every six (6) months, the covered employer shall file with the city's procurement director a complete payroll showing the covered employer's payroll records for each covered employee working on the covered services contract for one payroll period. Upon request from the city, the covered employer shall produce fa; its payroll records for any or all of its covered employees for any period covered by the covered services contract. The city may examine, inspect, and/or copy such payroll records as needed to ensure compliance with the requirement of this division. Sec. 2-410. Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit the city to observe work being performed at, in,_,or on the project or matter for which the overed services contract was issued. The city representatives may examine the books and records of the service contractor relating to the 6 employment and payroll to determine if the service contractor is in compliance with the provisions of this division. (b) Complaint procedures and sanctions. (1) AA covered employee, or former covered employee, who believes that this division applies or-applied to him or her and that a overed employer, or the city, is or was not complying with the requirements of this division,, has a right to file a-an administrative complaint with the present director of the city's procurement director. Any individual or entity may also file a complaint with the procurement director of the city on behalf of covered employee for investigation by the city. (2) Complaints by employees of alleged violations shall be made in writing within one (1) year after the alleged violation occurred. No complaint shall be within the iurisdiction of the city under the administrative complaint procedures in this division if the complaint is filed more than one (1) year after the alleged violation practice occurred. (3) The complaint shall be signed by the person making the complaint (hereinafter, the "complainant") and, if the complainant is not the covered employee, by the covered employee as well; shall be sworn to or affirmed; and shall, at a minimum, state the full name and address of the complainant; the full name and address of the covered employer against whom the complaint is being made (hereinafter, the "respondent"); the facts upon which the complaint is based; and such other information as may be required by the city. The complaint may be filed by personal delivery, ordinary mail, or certified mail, addressed to the city's procurement director X43) The city's procurement director shall notify the covered employer named in the complaint (the "respondent"), by providing the employer with a copy of the complaint by certified mail or personal delivery. Within thirty (30) working days after a copy of the complaint has been served upon the respondent by the procurement director, the respondent may file an answer thereto. If an answer is filed, the answer shall be in writing and contains at a minimum, a separate and specific response to each and every particular of the complaint, or a denial of any knowledge or information thereof, sufficient to form a belief. Any allegation of the complaint which is not denied shall be deemed admitted. (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 to answer the complaint, then the matter shall proceed on 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 to—investigate all allegations of violations in connection therewith and forward to the city manager a written summary of the investigation of is--division within 3960 days after the complaint is filed. If, , upon his/her review of the complaint, answer (if filed), and investigation,the city manager determines that a violation of this division has occurred, itthe city shall, within ter thirty (30) working days of a finding of noncompliance, issue a notice of corrective action, in writing, efto the respondent, eapleyer specifying all areas of noncompliance and deadlines for resolutions of the identified violations. A copy of the city manager's notice of corrective action shall be sent to the complainant and the respondent by certified mail, return receipt requested, or by hand delivery. (7) If a espondent fails to comply with any or all of the resolutions for the identified violations, within the deadlines provided in the notice, eeued, the city manager may issue an order, in writing, to the espondent, by certified mail or hand delivery, notifying the espondent to appear at an administrative hearing before -= -' • - - - - = - • - - - - - - - =-•- =- one of the city's sitting special masters, to be held at a time to be fixed in such order, - - = - - = - =-- - - - - - - • - -- -= - =- . A copy of the order shall also be sent to the complainant by certified mail or hand delivery. (8) The city manaqer shall also provide a written report to the city commission, informing them of the complaint, which report shall include a brief summary of the facts at issue, the results of the city's investigation, and the recommended administrative disposition of the complaint (including any finding of non-compliance and subsequent recommendation for corrective action). (49) The hearing proceedings shall be informal, butand shall afford the service sentrasterrespondent the right to testify in his/her own defense, present witnesses, be represented by counsel, submit relevant evidence, cross examine witnesses,and object to evidence. (610) The proceedings shall be recorded and minutes kept by the city. Any respondent requiring verbatim minutes for judicial review may arrange for the services of a court reporter at the expense of the service sentractefrespondent. (611) Within-ten-claye-efUpon the close of the hearing, the special master ' , shall render a decision in writing determining whether or not the respondent is in compliance;;or whether other action should be takenTi or whether the matter should be continued, as the case may be;;and stating the reasons and findings of fact. ( 12) The city - = = -• - - = - =- == - - = - - the-city-clerk and shall send a true and correct copy of histhe order by certified mail, return receipt requested, or by hand delivery, to the __ _ __ • - _ _ - :=-•e _ - ' '--respondent and complainant. 8 (813) The city-manageef special master'sdesignee'e findings shall constitute the final administrative action of the city for purposes of judicial review under state law. An aggrieved party, including the city administration, may appeal a final administrative order of a special master to the circuit court, in accordance with Section 30-77 hereof. (814 If a respondent fails to seek timely appellate review of an order of the special master ' , or to comply timely with such order, the city may pursue the enforcement of sanctions set forth in section 2-410(c). (c) Private right of action against covered employer. Any covered employee of or former covered employee of a service contractor may, instead of, but not in addition to, utilizing the city administrative complaint procedures set-forth in section 2-410(b)his : : -_: - _, bring an action to enforce the provisions of this division by filing suit against the covered employer in any court of competent jurisdiction-te and—rests. Upon a finding by a court of competent jurisdiction that a covered employer unlawfully withheld wages under this division, such covered employee shall be entitled to an award of unpaid or underpaid wages, to reasonable costs and attorneys fees and, in addition, to liquidated damages in a sum equal to twice the amount of wages the covered employer is found to have unlawfully withheld in order to compensate the covered employee for the economic 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 employer. The applicable statute of limitations for such a claim will be two (2) years, as provided in F-44 Section 95.11(4)(c), Florida Statutes, as same may be amended from time to time, for an action for payment of wages. soy .. .. 9)(d) Sanctions against service contractors. For violations of this division, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at the empleyerccontractor's expense for each the affected covered employee and may alsoascess the-followingtake the following actions: (1) The city may impose damages, ' for each week that the covered employee was found to have not been paid in accordance with this division; and/or (2) The city may suspend or terminate payment under the covered services contract and/or terminate the contract with the service contractor; and/or (3) The city may declare the empleyefservice contractor ineligible for future service contracts for up to three (3) years or until all Viand restitution havehas been paid in full to the covered employee and all penalties (if any) paid to the city, whichever is longer:; and/or 9 jti In order to compensate the city for the costs of investigating and remedying the violation, the city may also order the violating covered employer to pay the city's reasonable costs (for investigating and defending the complaint and remedying the violation). Such funds shall be allocated and used to offset the costs of implementing and enforcing this division. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions in section 2-410(sd° shall also apply to any party or parties aiding and abetting in any violation of this division. (g) Retaliation and discrimination barred. A covered employer shall not discharge, reduce the compensation of, or otherwise discriminate or take adverse action against any covered employee in retaliation for exercising the rights protected under this division including, without limitation, making a complaint to the city, under this division;; or informing any person about any party's alleged non-compliance with this division; or informing any person of his or her potential rights under this division and to assist him/her in asserting such rights. Protections under this subsection (q) shall apply to any person who mistakenly, but in good faith, alleges non-compliance with this division. Taking adverse action against a person within ninety (90) days of the person's exercise of rights protected under this division shall raise a rebuttable presumption of having done so in retaliation for the exercise•of such right -- - - - - - - -- - -- - - = --•=- = -= -•- Allegations of retaliation or discrimination, if found true, ia—a shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the filing of the complaint with the city (h) Enforcement powers. If necessary for the enforcement of this division, the city commission may issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of the subpoena, the city attorney may apply to a court of competent jurisdiction for an order requiring the attendance and testimony of witnesses and production of books, papers, records, and documents. Said court, in the case of the refusal to obey such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such I books, papers, records, and documents;jas the case may be 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 may be punishable by the court as contempt thereof. (i) Remedies herein nonexclusive. No remedy set forth in this division is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this division in a court of law. This division shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination; provided, however, that if a complainant has previously initiated, or initiates, a civil action in a court of competent iurisdiction alleging a violation of this division, or other matter, with respect to the same grievance which is the subject of an administrative complaint pursuant to this division, then the administrative complaint shall not be (or shall no longer be, as the case may be) within the jurisdiction of the city under the administrative complaint procedures established herein. 10 SECTION 2. SEVERABILITY. 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 shall in no way affect the validity of the remaining portions of this ordinance. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 9,1h day of Jukc , 2010. ATTEST: .44/1/ �G A. 6102(1 MAYOR 1944C/41_,\ CITY CLERK F:1atto1AGUR\RESOS-ORD1Living Wage Ordinance-Amendment(Second Reading 6-9-10).docx APPROVED AS TO FORM&LANGUAGE — &<Ff A EXECUTION (AIDE D Apef;•m: Date 11 . . COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Living Wage Requirements For Service Contracts And City Employees. SECOND AND FINAL READING. Key Intended Outcome Supported: International Center for Innovation in Culture, Recreation and Business Supporting Data (Surveys, Environmental Scan, etc.): 17% of business respondents felt that Miami Beach was the best place to run a business, 25% felt that it was an above average place to run a business and 41% felt that it was an average place to run a business. Also, 62% of business respondents would recommend Miami Beach to others as a place to run a business Issue: Shall the City Commission adopt the amendment to the Living Wage Ordinance? Item Summary/Recommendation: The Mayor and City Commission, at its May 12, 2010 meeting, approved on first reading, an Ordinance amending the City's Living Wage requirements for certain service contracts("covered contracts"). The only revisions to the Ordinance between First and Second Reading are as follows: 1. Section 2-408(c): The phrase "as soon as reasonably practicable" was deleted, and replaced with"by the next pay period." 2. Section 2-408(i): An exemption was added for a covered employee who regularly receives tip or gratuities as part of his/her pay provided that the service contractor complies with the requirements set forth in Section 2-408(i). In addition to the review of the Finance and Citywide Projects Committee, the attached Ordinance was also reviewed by representatives of the SEIU Labor Union and their Counsel, and their comments have been incorporated. It is important to note that the Fiscal Impact Analysis does not consider any ripple effect as a result of payroll compression (i.e. a similar percentage or dollar per hour increase for employees who currently earn in excess of the proposed living wage rates) but did include FICA at 6.20%and MICA 1.45%. ADOPT ORDINANCE ON SECOND AND FINAL READING. Advisory Board Recommendation: On February 18, 2010, the Finance and Citywide Projects Committee (the "Committee") unanimously agreed to implement new living wage rates and a phased-in approach, which are summarized herein. Also, on March 25, 2010, the Committee unanimously agreed to other amendments to the City's Living Wage Ordinance, which have been incorporated in the attached Ordinance. Financial Information: Source of Amount Account Approved Funds: 1 $668,232 FY 2010/2011 2 $334,116 FY 2011/2012 3 $334,116 FY 2012/2013 OBPI Total $1,336,464 Financial Impact Summary: The estimated impact does not consider any ripple effect as a result of payroll compression and all costs include FICA at 6.20%and MICA at 1.45%. City Clerk's Office Legislative Tracking: Gus Lopez,ext.6641 Sign-Offs: Departm Director Assistant City Manager City na er GL PDW JMG T:WGENDA 0\June 9\Regular\LivingWageSummary.doc ® MIAMIBEACH AGENDA ITEM R S A DATE 6--9-0 P- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: June 9, 2010 •ECOND READING SUBJECT: AN ORDINANCE OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED, "ADMINISTRATION;" BY AMENDING ARTICLE VI THEREOF ENTITLED, "PROCUREMENT", BY AMENDING DIVISION 6 ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", SECTIONS 2- 407 THROUGH 2-410 THEREIN; AND PROVIDING FURTHER FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on Second Reading. CHANGES FROM FIRST TO SECOND READING The Mayor and City Commission, at its May 12, 2010 meeting, approved on first reading, an Ordinance amending the City's Living Wage requirements for certain service contracts ("covered contracts"). The only revisions to the Ordinance between First and Second Reading are as follows: 1. Section 2-408(c): The phrase "as soon as reasonably practicable" was deleted, and replaced with "by the next pay period." 2. Section 2-408(i): An exemption was added for a covered employee who regularly receives tip or gratuities as part of his/her pay provided that the service contractor complies with the requirements set forth in Section 2- 408(i). FISCAL IMPACT The City's the living wage rates have not been indexed since the adoption of the City's Living Wage Ordinance on April 18, 2001. As a result, the Mayor and City Commission referred the issue to the Finance and Citywide Projects Committee (the "Committee") for review and discussion. The Committee discussed amendments to the Living Wage Ordinance at three (3) meetings: Commission Memo Re Living Wage Amendments June 9, 2010 Page 2 of 4 1- On January 26, 2010, the Committee requested an analysis be done to calculate the fiscal impact to the General Fund as well as the Enterprise Fund, and a timeline for phasing-in the wage increases. 2- On February 18, 2010, the Committee was provided with various options as part of the living wage analysis that reflected the fiscal impact to the General Fund and the Enterprise Funds, and a timeline for phasing-in the living wage increase. Specifically, eight (8) alternatives were provided to the Committee with different methodologies for possible adjustments to the living wage and the resulting incremental costs to the City. Each alternative was calculated by applying the indexed rate with or without health benefits, as applicable, to the hours worked by any covered employee currently earning less than the indexed rate. Information on whether or not health benefits were provided was obtained from each service contractor. The hours used for each calculation depended upon the rate being indexed in the alternative and the number of hours worked by the covered employees that fell below the indexed rate. It is important to note that the alternatives did not consider any ripple effect as a result of payroll compression (i.e. a similar percentage or dollar per hour increase for employees who currently earn in excess of the proposed living wage rates) but did include FICA at 6.20%and MICA 1.45%. The Committee unanimously agreed to implement Alternative 4a, Consumer Price Index for All Urban Consumers (CPI-U) for Miami/Fort Lauderdale, and requested that the new living wage rates, of $11.28 with benefits, and $12.92 without benefits be phased-in as follows: 50% in FY 2010/2011; 25% in FY 2011/2012; and 25% in FY 2012/2013. Using the proposed three (3) year phase-in, the rates will be implemented as follows: • commencing with city fiscal year 2010-11 (October 1, 2010), the 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 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 living wage rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The health benefits shall consist of payment of at least $1.64 per hour toward the provision of a health benefits plan for covered employees and their dependents, and will be phased-in as follows: • $1.25/hour in FY 2010/2011; • $1.45/hour in FY 2011/2012; and • $1.64/hour in FY 2012/2013. The FY 2010/2011 impact on the General Fund is estimated to approximate $273,975; and Enterprise Fund is estimated to approximate $394,257. The total three (3) year incremental cost is summarized below. 2 Commission Memo Re Living Wage Amendments June 9, 2010 Page 3 of 4 Again, the estimated impact does not consider any ripple effect as a result of payroll compression and all costs include FICA at 6.20% and MICA at 1.45%. Total Three Year Incremental Cost Alternative 4A j 2010/2011 2011/2012 2012/2013 Total Uses CPI-U Mia/FII $10.16/$11.41 $10.72/$12.17 $11.28/512.92 Cost Takes FY 10/11 rate and splits increase from current rate to 2013 by increasing$1.60 in $ 668,232 year 1 and the balance over 2 years $ 334,116 $ 334,116 $ 668,232 $ 334,116 $ 334,116 $ 1,336,464 Total General Fund $ 273,975 $ 136,988 $ 136,987 $ 547,950 Enterprise Fund $ 394,257 $ 197,128 $ 197,128 $ 788,514 Increase 50% 25.00% 25.00% 100.00% 51.60/51.60 50.56/50.76 50.56/50.75 3- On March 25, 2010, the City Attorney's Office presented the Committee with proposed amendments to the City's Living Wage Ordinance. Deputy City Attorney Raul Aguila informed the Committee of the proposed amendments, which are summarized below and are incorporated in the attached Ordinance. a. A new definition for Health Benefits, which consists of wellness and preventive care, including maternity, which meets the requirements of Florida Statues. b. The new living wage rates and the phase-in approach over the next three fiscal years. c. The new health benefits contribution rates and the phase-in approach over the next three fiscal years. d. A new election of health benefits process during an annual open enrollment period for employees. e. A new indexing process that includes the determination to index or not index for inflation to be considered annually during the City Commission's review and approval of the City's annual operating budget. f. A cap on the annual indexing of three percent (3%), and that no annual increase shall exceed the annual compensation increase (if any) provided to unclassified City employees. g. A new "catch-up" election. In the event that the City Commission determines, in any particular fiscal year, to not index the living wage rate, then the City Commission shall have the right to cumulatively index the living wage rates to "make-up" for any deficiencies in the prior year (or years). h. Revised complaint procedures that include the City Manager providing a written report to the City Commission, and an administrative hearing before the City's special masters. 3 Commission Memo Re Living Wage Amendments June 9, 2010 Page 4 of 4 CONCLUSION In addition to the review of the Finance and Citywide Projects Committee, the attached Ordinance was also reviewed by representatives of the SEIU Labor Union and their Counsel, and their comments have been incorporated. The City Attorney's Office and the Administration recommend that the Mayor and City Commission adopt the attached Ordinance on Second and Final Reading. JMG/PDW/GL T:WGENDA12010\June 9\Regular\LivingWageMemo.doc 4 20NE I THURSDAY.MAY 27.2010 • • ,.., CITY OF MIAMI BEACH NOTICE OFPUBLIC HEARINGS - _ ... ... _ NOTICE IS HEREBY.-given that second readings and public hearings will be Geld by the Mayor and City Commission of the City of Miami Beach; Honda, in the Commission Charnbers, 3rd floor, City Hall, 1700 Convention Getter Drive Miami•Beach, Florida, on Wednesday, June 9th1 2010, to- -conSiderthe following: .., ' • . ' • ltk.30 ann. ' • . - - . '..-_ • Ordinance Amending Chapter 2 Of The City Code,Entitled, "Adminittratiore B4Attiending Article VI ;Thereof Entitled, "Procurement",_By Amending '.. , Division 6 Entitled"Living Wage Requirements For Service Contracts And City ' Employees",.Sections 2-407 Through 2-410 Therein._ )--. '"7'. -r_ • ,- inquiries.Maybe directed to Finance Department j305)031-7466 1035 a sit— - - • . Ordinance Amending Chapter.82, Entitied.TubliC Property" By Amending . Article',Entitled"In General,"By Renaming Section 82-5 Entitled"Reserved," To"City Signs To Be Obeyed, To ProVideThat City Signs Shall Be Obeyed And - Disobedience To Such Signs-Shall Be Enforced Pursuant To Chapter 30, Inquiries Maybe directed to the Legal Department(305)673-7470 10-404.01 -., . _ , :-_ - • - - Ordinance.Anenirigapter 62.;Entitled "Public"Publi.c Property," By Amending Artiblel,Entitled-In Genera"By ftenarningSeationit 2;6,Entitled"Reserved" , .. To.'"illeSignatedlay Areas,":And PrbVidirig That Adults Must Be AcCbrcpaniei!By A*nor Ink*Detignatied As-Children Play Areas. • Inquiries be directed to theyegalDepartment.(305)673-7470 , - - - • , . ,_ INTERESTED PANTIES':are invited to appear at this meeting,. or be represented by an agent or to express their views in writing addressed to the City COmmitsion,do the City Clerk,.1700 Convention Center DM/Et:1st Vlocir,, City Hall,Miami Beach,Florida 33139.Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office,. -1700 Convention Center Drive; 1st Floor. City Hall, and Miami-Bech, Florida 33139 or via the City's.web site at www.miainibeachfl.gov:thiSmeeting.inaji be continued and under such circumstances'additional legal-notice inaU16 not be provided. --, - ' Robert E. Percher,City Clerk .. .. . .. ;' • - City of Miami'Beach -- •• .- ; - - _ :, . , - . - ...., . .. . .0 . Pursuant to Section 26.O105 Ha Stat.,the City hereby advises thepublic that if a person decides to appeal any decision made by-the City Commission with iespri0t.to,ady Matte? considered at its meeting or its hearing,.such person must ensure theta verbatim record of the proceedings ismade,'which record includes the testimony and evidence upon-which the appeal:it to be " based.-This:riotice does not constitute consent by the City for tbeintrodUction or admission df;otherwise inadmissible of irrelevant evidence, nor does it ' authorize challenges,orappealsnot otherwise allowed by law.. . . To fewest this material in 'accessible format;-sign language interpreters, infun 1 ration on access for Persons with disabilities,and/or anyaccommodatIon to re■fiewanydocument orPartcipate!many dibjsponsored proceeding,please contact(305)604=2489 (voice), (305)673-7218(TTY)five days in advance to initiateyour request.TTY users may.als0 call 711 (Florida belay Service). .. ••• . r ' Exhibit"D" City of Miami Beach Equal Benefits Ordinance (See attached) 29 ORDINANCE NO. 2005-3494 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VI, DIVISION 3, BY CREATING SECTION 2-373 THEREOF, ENTITLED "REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City to be responsible to the changing needs of society and to treat all persons fairly and equitably; and WHEREAS, the City recognizes that long-term committed relationships foster economic stability and emotional and physiological bonds; and WHEREAS, the City has adopted a human rights ordinance and seeks to comply with the full spirit of it. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VI, Division 3, is hereby amended to create a new Section 2-373 thereof, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners", to read as follows: ARTICLE VI. PROCUREMENT * ** DIVISION 3. CONTRACT PROCEDURES * * * SECTION 2-373. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS fAI Definitions. For purposes of this section only, the following definitions shall apply: .1) Benefits mean the following_plan, program or policy provided or offered by a Contractor to its employees as part of the employer's total compensation package: sick leave, bereavement Ieavejfamily medical leave, and health benefits. 12) Bid shall mean a competitive bid procedure established by the City through the issuance of an invitation to bid, request for proposals, request for qualifications, or request for letters of interest. )3) Cash Equivalent means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employee's Domestic Partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for the death of a spouse. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains such insurance in force for himself or herself. c. For family medical leave, cash payment for the number of days that would be allowed as time off for an employee to care for a spouse who has a serious health condition. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed. f4) Contract means any written agreement, purchase order, standing order or instrument entered into pursuant to the award of a Bid whereby the City is committed to expend or does expend funds in return for work, labor, professional services, consulting services, supplies, equipment, materials, construction, construction related services or any combination of the foregoing. f 5) Contractor means any person or persons, sole proprietorship, partnership, ioint venture, corporation, or other form of doing business, that is awarded a Bid and enters into a Covered Contract with the City, and which maintains 51 or more full- time employees on the payroll during twenty (20) or more calendar work weeks in either the current or the preceding calendar year. Work weeks include consecutive and non-consecutive work weeks. 0) Covered Contract means a Contract between the City and a Contractor awarded subsequent to the date when this section becomes effective valued at over $100,000. a) Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a governmental body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a iurisdiction where no such governmental domestic partnership registry exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. Oi Equal Benefits means the equality of benefits between employees with spouses and employees with Domestic Partners, and/or between spouses of employees and Domestic Partners of employees. Equal Benefits Requirements. 11) All Bids for Covered Contracts which are issued on or after the effective date of this section shall include the requirement to provide Equal Benefits in the procurement specifications for such Bids. I') The City shall not enter into any Covered Contract unless the Contractor certifies that such Contractor does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Such certification shall be in writing and shall be signed by an authorized officer of the Contractor and delivered, along with a description of the Contractor's employee benefits plan, to the City's Procurement Director prior to entering into such covered Contract. The City Manager or his/her designee shall reject a Contractor's certification of compliance if he/she determines that such Contractor discriminates in the provision of Benefits or if the City Manager or designee determines that the certification was created, or is being used for the purpose of evading the requirements of this section. f) The Contractor shall provide the City and/or the City Manager or his/her designee, access to its records for the purpose of audits and/or investigations to ascertain compliance with the provisions of this section, and upon request shall provide evidence that the Contractor is in compliance with the provisions of this section upon each new Bid,Contract renewal, or when the City Manaqer has received a complaint or has reason to believe the Contractor may not be in compliance with the provisions of this section. This shall include but not be limited to providing the City and/or the City Manager or his/her designee with certified copies of all of the Contractor's records pertaining to its Benefits policies and its employment policies and practices. u The Contractor must post a copy of the following statement in conspicuous places at its place of business available to employees and applicants for employment: "During the performance of a Contract with the City of Miami Beach, Florida, the Contractor will provide Equal Benefits to its employees with spouses and its employees with Domestic Partners". The posted statement must also include a City contact telephone number which will be provided each Contractor when the Covered Contract is executed. fp The Contractor may not set up or use its contracting entity for the purpose of evading the requirements imposed by this section. Other Options for Compliance. Provided that the Contractor does not discriminate in the provision of Benefits, a Contractor may also comply with this section in the following ways: 1) The Contractor may provide an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that either: a) The Contractor has made a reasonable yet unsuccessful effort to provide Equal Benefits. The Contractor shall provide the City Manager or his/her designee with sufficient proof of such inability to provide such Benefit or Benefits which shall include the measures taken to provide such Benefits or Benefits and the Cash Equivalent proposed, along with its certificate of compliance, as is required under subsection (B) of this section. The City Manager or his designee shall, based on submitted evidence, determine whether the Contractor's failure to provide such Benefit or Benefits precludes such Contractor from entering into a Covered Contract pursuant to the requirements of this section; or Under the circumstances, it would be unreasonable to require the Contractor to provide Benefits to the Domestic Partner (or spouse, if applicable). 2) The Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. (D) Applicability. 1 Unless otherwise exempt, a Contractor is subiect to and shall comply with all applicable provisions of this section. 21 The requirements of this section shall apply to Contractor's operations as follows: a) Employees of a Contractor with a Covered Contract who work within the City limits of the City of Miami Beach, Florida; and The Contractor's employees located in the United States, but outside of the City of Miami Beach limits, if those employees are directly performing work on the Covered Contract within the City of Miami Beach. ,(E) Mandatory Contract Provisions Pertaining to Equal Benefits. Unless otherwise exempt, every Covered Contract shall contain language that obligates the Contractor to comply with the applicable provisions of this section. The language shall include provisions for the following: 1) During the performance of the Covered Contract, the Contractor certifies and represents that it will comply with this section. 2) The failure of the Contractor to comply with this section will be deemed to be a material breach of the Covered Contract. 2) If the Contractor fails to comply with this section, the City may terminate the Covered Contract and all monies due or to become due under the Covered Contract may be retained by the City. The City may also pursue any and all other remedies at law or in equity for any breach. 4.) If the City Manager or his designee determines that a Contractor has set up or used its contracting entity for the purpose of evading the requirements of this section, the City may terminate the Covered Contract. 51 Failure to comply with this section may subiect the Contractor to the procedures set forth in Division 5, entitled "Debarment of Contractors from City Work." LE) Enforcement. fl If the Contractor fails to comply with the provisions of this section: 1) The failure to comply may be deemed to be a material breach of the Covered Contract; or 2) The City may terminate the Covered Contract; or 2) Monies due or to become due under the Covered Contract may be retained by the City until compliance is achieved; or 4) The City may also pursue any and all other remedies at law or in equity for any breach., 5 Failure to comply with this section may also subiect Contractor to the procedures set forth in Division 5, entitled "Debarment of Contractors from City Work." Non-applicability, Exceptions and Waivers. 1l The provisions of this section shall not apply where: a) The Contractor provides Benefits neither to employees' spouses nor to employees' Domestic Partners. IA The Contractor is a religious organization, association, society or any non-profit charitable or educational institution or organization operated, supervised or controlled by or in coniunction with a religious organization, association or society. The Contractor is a governmental entity. 2) The provisions of this section shall not apply to Covered Contracts which involve: a) The sale or lease of City property. l) Development agreements entered into pursuant to Chapter 163.3220, Florida Statutes, (the "Florida Local Government Development Agreement"), as same may be amended. c) The award, pursuant to competitive processes, of CDBG, HOME, SHIP and Surtax Funds administered by the City's Office of Community Development. d� The award, pursuant to competitive processes, of Cultural Arts Council Grants. e) The acquisition of professional architectural, engineering, landscape architectural, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes (the "Consultants' Competitive Negotiation Act"), as same may be amended. The procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or all or any kinds of other insurance for the officers and employees of the City, and for the dependents of such officers and employees, from a group insurance plan. j Upon the request and written recommendation of the City Manager, the City Commission may, by resolution adopted by a five-seventh (5/7ths) vote of the City Commission, waive compliance of this section under the following circumstances: al The Covered Contract is necessary to respond to an emergency, where the existence of an emergency is requested, upon written recommendation of the City Manager, and same is determined by the City Commission. For purposes of waiver under this subsection only, in determining whether there is an emergency, the City Commission may consider the following non-exclusive factors: The nature of the Covered Contract; ii The length of the Covered Contract; iii The cost of the Covered Contract; iv Whether grants are involved in the Covered Contract and the requirements of those grants Whether there is a need to have materials, goods, and services furnished immediately and the consequences of a delay in having those materials, goods, and services furnished; vi The monetary consequences if action is not taken immediately; vii Any health, safety, and welfare issues that may be involved. viii Increased labor costs, and scheduling of labor; ix The need to complete work before a strict deadline; or x) The impact of delaying one phase or portion of a project on the other phase(s) or portion(s) of the project. P) Where only one Bid response is received; 2) Where more than one Bid response is received, but the Bids demonstrate that none of the bidders can comply with the requirements of this section, and one or more of the Bids received would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications; d) Where more than one Bid response is received and Bid responses are received from_ : 1 one or more bidders that comply with the requirements of this section and are otherwise responsive: and ii one or more bidders that do not or cannot comply with the requirements of this section, but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications; and the Procurement Director's review of the Bids demonstrates that the cost of the Bid (and/or the proposed Covered Contract which may be negotiated for such Bid), as submitted by the lowest responsive bidder which complies with the requirements of this section (or, in the case of a proposal, the proposal of the top-ranked proposer), would be at least five percent (5%), or two hundred fifty thousand dollars ($250,000) (whichever is less), greater than the lowest responsive bid'submitted by the bidder which does not comply with the requirements of this section but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications (or, in the case of a proposal, where the top-ranked proposer which does not comply with the requirements of this section, but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications); then, upon request and written recommendation of the City Manager, the City Commission may, by resolution adopted by a 5/7ths vote of the City Commission, waive compliance of this section, and award the Bid to the lowest bidder (or, if a proposal, to the top ranked proposer) which does not comply with the requirements of this section but would otherwise have been responsive if compliance with this section would not have been listed as a requirement in the Bid specifications. Consistency with Federal or State Law. The provisions of this section do not apply where the application of these provisions would violate or be inconsistent with the laws, rules or regulations of federal or state law, or where the application would violate or be inconsistent with the terms or conditions of a grant or contract with the United States of America, the State of Florida, or the instruction of an authorized representatives of any of these agencies with respect to any grant or contract. in Nothing in this section shall be construed to limit the City's authority to cancel or terminate a Contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualifications, or otherwise deny a person or entity C ity business. Timing of Application. This section shall be applicable only to Covered Contracts awarded pursuant to Bids which are issued six (6) months from the date when this section becomes effective. SECTION 2. REPEALER All ordinances or parts or ordinances in conflict herewith be the same are hereby repealed. SECTION 3. SEVERABILITY 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 shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 29th day of October , 2005. PASSED and ADOPTED this19th day of October , 2•0 ATTEST: 4 6( MAYOR David Dermer CITY CLERK Robert Parcher APPROVED AS TO FORM&LANGUAGE F:latto\AGUR\RESOS-ORDIEqual Benefits Ordinance(Final).doc &FOR EXECUTION j0\-- City Attorney ` Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: An Ordinance(Second Reading)Entitled Requirement For City Contractors To Provide Equal Benefits For Domestic Partners," By Mandating That City Contractors Provide Equal Benefits For Domestic Partners. Issue: Shall the City Commission Adopt the Ordinance? Item Summary/Recommendation: The proposed Ordinance is being sponsored by Commissioner Luis Garcia and was prepared at the recommendation of the Neighborhood/Community Affairs Committee. The City Attorney's Office and the City's Procurement Division worked on the proposed Ordinance which would require certain contractors doing business with the City (as further defined herein) to provide "equal benefits" to their employees, including their employees with domestic partners. The proposed Ordinance was prepared after having reviewed various equal benefits legislation from counties and municipalities in other states,as well as having conducted independent research and legal review. The Ordinance has also been reviewed with representatives of SAVE Dade, including their advisory legal counsel on this issue. The Mayor and Members of the City Commission at its September 8,2005 City Commission meeting, approved on first reading the proposed ordinance entitled Requirement for City Contractors to Provide Equal Benefits for Domestic Partners"(the Ordinance),and the Contract Compliance Specialist position, by a ballot vote of 7-0. As part of the discussion relevant to the Ordinance and Contracts Compliance Specialist position,the • following requests were made by the City Commission and in turn,the Administration conducted its due diligence relative to the issues raised which are addressed in the attached Commission Memo. Adopt the Ordinance, to be submitted in the Supplemental Agenda, reflecting the Finance & Citywide Projects Committee and the Neighborhood/Community Affairs Committee's requested modifications. Advisory Board Recommendation: On September 1,2005,the Finance and Citywide Projects Committee and the Neighborhood/Community Affairs Committee unanimously moved the item to the full Commission, recommending approval of the proposed Ordinance. The Committees also recommended establishing a ramp-up period for ordinance and the creation of dedicated position for contract compliance issues. Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Gus Lopez, ext.6641 Sign-Offs:, Depaq ent Director Assistant City Manager City Manager GL PDW JMG T:\AG;' DA\2005\Oct1905\Regular\OrdinanceRequirementCont tors mmary.doc AGENDA ITEM RSA DATE 16 If"dS-- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Date: October 19,2005 Members of the City Commission From: Jorge M. Gonzalez 00- SECOND READING City Manager PUBLIC HEARING Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,ARTICLE VI, DIVISION 3, BY CREATING SECTION 2- 373 THEREOF, ENTITLED"REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The Mayor and Members of the City Commission at its September 8, 2005 City Commission meeting, approved on first reading the proposed ordinance entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners"(the Ordinance), and the Contract Compliance Specialist position, by a ballot vote of 7-0. As part of the discussion relevant to the Ordinance and Contracts Compliance Specialist position, the following requests were made by the City Commission and in turn, the Administration conducted its due diligence relative to the following issues: 1. Commissioner Simon Cruz requested that the Contracts Compliance Specialist position reflect the enforcement not only of the Ordinance, but also the City's Living Wage Ordinance. The Administration has prepared the Contracts Compliance Specialist job description with duties and responsibilities that will include enforcement of the requirements set forth in the City's Living Wage Ordinance, Equal Benefits Requirements for Contractors Ordinance, and any other ordinance adopted by the Mayor and City Commission that requires enforcement by the Procurement Division. See attached Contracts Compliance Specialist job description. 2. Commissioner Cruz requested to have penalties in the Ordinance before second reading. The City Attorney's Office has incorporated the following penalty provisions in the proposed Ordinance: • The failure of the Contractor to comply with the Ordinance will be deemed to be a material breach of the Covered Contract; • If the Contractor fails to comply with the Ordinance, the City may terminate the Covered Contract and all monies due or to become due under the Covered Contract may be retained by the City; • The City may also pursue any and all other remedies at law or in equity for any breach; • If the City Manager or his designee determines that a Contractor has set up or used its contracting entity for the purpose of evading the requirements of this section, the City may terminate the Covered Contract; • Failure to comply with this section may subject the Contractor to the procedures set forth in Division 5, entitled "Debarment of Contractors from City Work."; • Monies due or to become due under the Covered Contract may be retained by the City until compliance is achieved; and • Failure to comply with the requirements of the Ordinance may also subject Contractor to the procedures set forth in the Miami Beach City Code, entitled "Debarment of Contractors from City Work." 3. Commissioner Jose Smith stated that as it relates to the enforcement issue,the City needs to look at creative ways to enforce the Ordinance, and suggested that perhaps another governmental agency,or law schools(i.e., University of Miami and University of New York) as opposed to hiring full-time employee. The City's Procurement Director explored Commissioner Smith's suggestion with the following entities/individuals: MIAMI-DADE COUNTY Marsha Jackman, Director, Department of Business Development, Miami-Dade County. Ms. Jackman also oversees the County's Compliance Division, which oversees the County's Living Wage Ordinance. Ms. Jackman informed the City's Procurement Director that the Miami-Dade County Commission established a 15-person Living Wage Commission with the purpose of reviewing the effectiveness of the County's Living Wage Ordinance, review certifications submitted by covered employers, review complaints filed by employees and to make recommendations to the County Mayor and the County Commission.And the County's Living Wage Ordinance is enforced by the Compliance Division within the Department of Business Development. The Compliance Division consists of 28 individuals, of which 9 are Contract Compliance Specialist II, and 14 are Contract Compliance Specialist I, and the 5 are support staff positions. When asked if the County would consider enforcing the City's Living Wage and/or Equal Benefits Ordinance, Ms. Jackman indicated that her office is only familiar with the Living Wage Ordinance. And as it relates to the Living Wage Ordinance, in order for her office to present a recommendation to the County Manager, the County needs to know if the City wants an "aggressive enforcement" process that includes but is not limited to on-site interviews with employees of all covered employers, or enforcement only when complaints are filed? If the City desires "aggressive enforcement", based on the County's Compliance Division's existing staff and the volume of current County contracts that fall under the County's Living Wage Ordinance, coupled with the City's Living Wage contracts, then the County would need to hire additional staff and all costs associated with enforcement would be part of an inter-governmental agreement with the City. Should the City desire the County to process and resolve all complaints filed relative to Living Wage,then all costs associated with complaint procedures,sanctions, remedies, and administrative hearing processes would be part of an inter-governmental agreement with the City. University of Miami Professor Michael Fischl, University of Miami, School of Law. Professor Fischl had heard about the City's Equal Benefits Requirements Ordinance but was not aware of the particulars. His area of expertise and study has been the Living Wage Ordinance. Professor Fischl offered suggestions including the establishment of an oversight committee that would make recommendations and review staff reports relative to compliance or lack thereof by vendors. Additionally, Professor Fischl believed that a "specialist" whose job responsibilities would require enforcement of the various ordinances was a good idea. New York University (NYU) Professor Paul Sonn, Brennan Center for Justice at NYU School of Law. Professor Sonn informed me that the NYU Center has assisted activists, lawmakers in cities across the country in designing, enacting and defending living wage laws. He is not familiar with Equal Benefits laws, but has done extensive research on Living Wage laws. However, as it relates to enforcement issues, he would defer to his colleague at the University of Massachusetts, Stephanie Luce. At the time this Commission Memorandum was being finalized,several messages and e-mails were sent to Professor Luce, and Professor Gerald Lopez, NYU School of Law. Any information provided by Professor Lopez or Professor Luce will be submitted as supplemental material. 4. Commissioner Richard Steinberg asked if the False Claims Ordinance can be changed, so that if someone is asking the City for payment based on a contract that they are supposed to pay a living wage or provide for domestic partner benefits, and they are not adhering the requirements of said Living Wage or Equal Benefits Ordinances,then that would trigger the False Claims Ordinance. The City Attorney's Office has reviewed the False Claims Ordinance, and, the current version would not apply with regard to enforcement of the proposed Equal Benefits Ordinance and,other ordinances such as the Living Wage Ordinance. An amendment to the False Claims Ordinance would be required which, upon request by the City Commission, the City Attorney's Office would prepare. 5. Commissioner Smith requested to know what the potential fiscal impact would be if the City Commission exercised the waiver provisions set forth in the Ordinance. The Commission Memorandum presented to the City Commission on September 8, 2005, informed the Mayor and City that if the proposed Ordinance was enacted five years ago, the fiscal impact would have been have been $2,149,887.56. This estimated fiscal impact was based on applying the requirements of the proposed Ordinance to the contracts awarded by the City over the past five years, without any waiver considerations.The potential fiscal impact if the City Commission had exercised the waiver provisions set forth in the Ordinance is reduced from $2,149.887.56 to $366,119.56. The significant difference is in large part attributable to one contract—the North Shore Park and Youth Center which shows a difference between the low bidder who is not compliant, and the second low bidder who is compliant, of$1,652,768. FISCAL IMPACT Determining the five-year fiscal impact of the proposed Ordinance beyond the cost associated with aforementioned Contract Compliance Specialist position is extremely difficult when one considers the variables of the proposed Ordinance (i.e. applicability, exemptions, and waiver provisions). However,the Administration applied survey results to the bid results of the last five years' contract awards to determine the impact of the proposed Ordinance. In other words, if the proposed Ordinance was enacted five years ago, what would the fiscal impact have been? Based on the above, had the Ordinance been in place, the additional cost to the City would have been in excess of$2 million. The following are the bid results if the Ordinance applied at the time of award (looking back five years): (1) Total number of contracts awarded that the results were applied to 174 (2) Total number/percentage of contractors who provide or offer equal benefits to all employees including individuals in a domestic partnership 129(74%) (3) Total number/percentage of contractors who would not provide or offer equal benefits to all employees including individuals in a domestic partnership 17 (10%) (4) Total number/percentage of contracts exempted 28 (16%) (5) Fiscal Impact Without Waiver $2,149.887.56 (6) Fiscal Impact With City Commission Waiver $366,119.56 The fiscal impact in subsection (5) above, was calculated by comparing the lowest and best bids which did not meet the requirement of the proposed Ordinance (in terms of offering equal benefits to employees with domestic partners), versus the next lowest and best bids that did meet the requirements of the Ordinance (i.e., offered equal benefits to employees with domestic partners). BACKGROUND Pursuant to the request of Commissioner Luis Garcia, the Mayor and City Commission passed and adopted on July 28, 2004,Ordinance No. 2004-3451,which amended Chapter 62 of the Miami Beach Code entitled "Human Relations" by adding Article IV thereto to provide for Registered Domestic Partnerships for those wishing to register who meet eligibility requirements, and granting certain rights including health care visitation and heath care decisions, among other rights. At the direction of the Neighborhood/Community Affairs Committee, the City Attorney's Office and the City's Procurement Division worked on the proposed Ordinance which would require certain contractors doing business with the City (as further defined herein) to provide "equal benefits" to their employees, including their employees with domestic partners. The attached Ordinance, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners" (and which may hereinafter also be referred to as the Ordinance)was prepared by the City Attorney's Office and the Administration after having reviewed various equal benefits legislation from counties and municipalities in other states, as well as having conducted their own independent research and legal review. The Ordinance has also been reviewed with representatives of SAVE Dade, including their advisory legal counsel on this issue, and incorporates their comments and/or revisions. On September 1, 2005, the Finance and Citywide Projects Committee and the Neighborhood/Community Affairs Committee (the "Committees"), held a joint meeting to discuss the proposed Ordinance. The Committees listened to a presentation from Raul Aguila, First Assistant City Attorney, which provided an analysis of the major points of the proposed Ordinance. Additionally, the Committees listened to a presentation from Gus Lopez, Procurement Director, which provided the results of surveys issued to more than 2,800 vendors,and information relative to potential fiscal impact. Commissioner Steinberg requested that the "cash equivalent" option for compliance be further reviewed and/or modified to ensure that the applicability requirements are consistent. Additionally, Commissioner Steinberg recommended as part of the waiver provisions, some consideration for the City Commission to waive the requirements of the proposed Ordinance, should the City Commission determine it is in the City's best economic interest. The Committees unanimously moved the item to the full Commission, recommending approval of the proposed Ordinance. The Committees also recommended establishing a ramp-up period for ordinance and the creation of dedicated position for contract compliance issues. Commissioner Garcia and Ms. Pena thanked the Committees for supporting the proposed Ordinance. PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive bids, to provide"Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are"Equal Benefits" defined and what kind of"Benefits"does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of"Benefits"defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The"Benefits"defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of"Benefits"in the Ordinance,to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally,a Contractor who offers no benefits to employees or their spouses,would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a"Domestic Partner" under the Ordinance? A"Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • contracts valued at over$100,000. • contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, • only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • the City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • the City contract is not competitively bid. • the City contract is valued at less than $100,000. • the contractor has less than 51 employees. • the contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • the contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • the contractor is another government entity. The following City contracts are not covered by the Ordinance: • contracts for sale or lease of City property. • Development Agreements. • contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • contracts for professional NE, landscape NE, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • contracts for the procurement of life, health,accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • emergency contracts. • contracts where only one bid response is received. • contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • at the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. • the City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. • the contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the"Cash Equivalent"of the similar benefit(s)offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: •breach/default under the contract. *termination of the contract. •monies due under the contract may be retained by the City until compliance is achieved. •debarment of contractors from City work, as prescribed by the City Code. ADMINISTRATIVE SURVEY AMONG CURRENT CITY VENDORS AND INITIAL FISCAL IMPACT ANALYSIS In addition to research and preparation of the proposed Ordinance,the City's Procurement Division prepared a written survey/questionnaire which was sent to vendors currently doing business with the City of Miami Beach. The purpose of the survey/questionnaire was to determine both the viability of the proposed Ordinance, particularly in terms of gauging potential fiscal impact, as well as impact upon the City's competitive bidding process and current available bidder "pools." More than 2,800 surveys were issued to City vendors to determine among them the number of contractors who currently offer equal benefits to all their employees including employees in a domestic partnership; and the number of contractors who currently do not offer equal benefits to all their employees but would comply if required as a condition of doing business with the City. Of the 2,800 surveys issued, 604 responses were received (representing 22%of the surveys issued).The specific questions asked and the responses thereto are listed below: a. Does your company provide or offer equal benefits to all employees including individuals in a domestic partnership? Yes — 64.7% No— 33.3% N/A or No Answer— 2% b. If the City was to require your company (as a condition of contract award), to provide/offer equal benefits to all your employees, including employees in a domestic partnership, would you continue to do business with the City? Yes-76.3% No-19.2% N/A or No Answer—4.5% RECOMMENDATION The Administration recommends that the Mayor and City Commission approve and adopt the attached Ordinance on second reading, public hearing; and approve the Contract Compliance Specialist position subject to the City's classification review process, in order to enforce the requirements set forth in the proposed Ordinance and the City's Living Wage Ordinance and any other ordinance the City Commission may adopt that requires the Administration to enforce. T:AGENDA\2005\Oct1905 1Regular\RequirementsOrdinance 2nd reading Memo.doc Contracts Compliance Specialist NATURE OF WORK Employees in this class are responsible for inspecting and monitoring vendors, firms, individuals, contractors and sub-contractors for compliance with requirements pertaining to the Living Wage Ordinance, Equal Benefits Requirements for Contractors Ordinance, and any other ordinance adopted by the Mayor and City Commission that requires enforcement by the Procurement Division. Considerable field work is required to ensure contract compliance, through interviews and examination of documentation. Supervision is received from the Procurement Director who reviews work for compliance with established policies and procedures. ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES Performs field work to verify that vendors, contractors and sub-contractors are compliant with established living wage rates and equal benefits requirements. Provides City departments with general support and technical assistance, as required. Plans and schedules reviews of contractor payrolls and other applicable records required to determine compliance with appropriate ordinances. Conducts job-site interviews with contractor management staff and employees, as needed, concerning wage, benefit and job classification issues. Investigates complaints related to enforcement of applicable ordinances and prepares for administrative hearings. Determines any underpayments on the part of contractors or sub-contractors; reviews findings with Procurement Director. Prepares program evaluation reports. Exercises considerable independent judgment in ensuring vendor/contractor compliance with applicable ordinances Performs related work as required. KNOWLEDGE, SKILLS AND ABILITIES Considerable knowledge and understanding of ordinances and procedures pertaining to wages and benefits. Working knowledge of contracts, all applicable clauses, contract compliance and enforcement. Considerable knowledge of techniques in monitoring contracts for compliance. Knowledge of interviewing practices and techniques. Knowledge of regulations and rules governing payroll reporting procedures. Knowledge of public relations principles and techniques. Knowledge of job classifications in the construction and services industries. Ability to obtain, collect and organize pertinent information required to review contracts compliance issues. Ability to analyze detailed payroll and bookkeeping records. Ability to develop interview questionnaires and conduct interviews. Ability to deal effectively with departmental staff members, private contractors and their employees. Ability to communicate clearly and concisely, verbally and in writing. I � Ability to plan and schedule work to meet scheduled reviews of contractor' payroll records. MINIMUM REQUIREMENTS Graduation from an accredited college or university with a Bachelor's degree in Public or Business Administration, or a related field. Three (3) years experience which demonstrates competencies in required knowledge, skills and abilities needed for this position. Experience may substitute for education on a year-for-year basis. DESIRES: Positive attitude and ability to maintain composure. Excellent written and oral communication skills. Knowledge of Windows, Office Suite (i.e., Word, Excel, Access, PowerPoint) and automated purchasing system. PHYSICAL REQUIREMENTS Must have the use of sensory skills in order to effectively communicate and interact with other employees and the public through the use of the telephone and personal contact. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to, word processor, calculator, copier, and fax machine. No significant standing, walking moving, climbing, carrying, bending, kneeling, crawling, reaching, and handling, sitting, standing, pushing, and pulling. SUPERVISION RECEIVED General and specific assignments are received and work is performed with moderate latitude for the use of independent judgment in the selection of work methods and procedures and is subject to review for compliance with departmental standards and objectives. SUPERVISION EXERCISED May supervise the work of Procurement clerical staff F:\PURC\$ALL\GUS\Contracts Compliance Officer.doc CITY OF MIAMI- BEACH • NOTICE OF PUBLIC HEARING • NOTICE IS HEREBY given that public hearings will be held.by the Mayor and C • ity Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall. 1700 Convention Center Drive, Miami Beach, Florida,on Wednesday,October 19,2005,to consider the following: a 10:15 a.m. An Ordinance Amending Miami Beach City Code Chapter 2,Article VI, Division 3, By Creating Sectidn 2-373 Thereof, Entitled "Requirement For City Contractors To Provide Equal Benefits For Domestic Partners," By Mandating • o That City Contractors Provide Equal Benefits For Domestic Partners. Inquiries may be directed to the Procurement Division at(305)673-7490: 2 10:20 a.m. — A Resolution •Setting A First Public Hearing To Consider Extending The o Approval Of The Miami Beach Convention Center As A Venue For Conventions, • Expositions Or Events Involving Adult Materials, Pursuant To The Provisions Of Section 847.0134, Florida Statutes;and Referring The Matter To The Land Use And Development Committee. ; • Inquiries may be directed to the Planning Department at(305)673-7550. i 10:30 a.m. • An Ordinance Amending The Land Development Regulations Of The Code Of. The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation," Division 1, "Generally," By Amending Section 118-503 To Modify The Requirements For An After-The- Fact Certificate Of Appropriateness; By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To Dig/ Certificate Of Appropriateness For Demolition,"By Amending Section 118-562 To Add A Requirement For An Independent Structural Evaluation For Demolition Requests. Inquiries may be directed to the Planning Department at(305)673-7550. 10:35 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of • The City Of Miami Beach, By Amending Chapter 138, "Signs," By Amending Article I, "In General," By Amending Section 138-11 To Clarify The Requirements And Procedures For The Removal Of Signs; Providing For Inclusion In The City Code. Inquiries may be directed to the Planning Department at(305)673-7550. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent, or,to express their views in writing addressed to the City Commission, do the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of the916 ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E.Parcher,City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorizechallenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on i access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedine. please contact(305) 504- I 2489 (voice), (305)573-7218nY) five days in advance to initiate your regves:. TTY users may aisn ca,711 ;Florida Relay Serricel. Ad#331 • Exhibit"E" (Sec attached • • 32. .. Detail by Entity Name Page 1 of 2 4 Z5 5 f FLORIDA DEPARTMENT OF STATE 4144t. DIVISION OF CORPORATIONS 5k+n6t .4111111111L -dr Detail by Entity Name Florida Limited Liability Company LAZ FLORIDA PARKING, LLC Filing Information Document Number L07000100284 FEI/EIN Number 26-1172679 Date Filed 10/02/2007 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 08/19/2011 Event Effective Date NONE Principal Address 404 Washington Avenue Suite 720 Miami Beach, FL 33139 Changed: 01/08/2014 Mailing Address 15 LEWIS STREET C/O LAZ KARP ASSOCIATES, LLC HARTFORD, CT 06103 Changed: 04/24/2009 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 03/01/2010 Address Changed: 03/01/2010 Authorized Person(s) Detail Name &Address Title MGRM LAZ KARP ASSOCIATES, LLC http://search.sunbiz.org/Inquiry/Corporation Search/SearchResultDetail?inquirytype=Entity... 12/4/2015 Detail by Entity Name Page 2 of 2 15 LEWIS STREET HARTFORD, CT 06103 Title PRES LAZOWSKI, ALAN B 1010 PROSPECT STREET HARTFORD, CT 06103 Title SEC KARP, JEFFREY N 36 CLAYPIT HILL ROAD WAYLAND, MA 01778 Annual Reports Report Year Filed Date 2013 03/05/2013 2014 01/08/2014 2015 01/12/2015 Document Images 01/12/2015 --ANNUAL REPORT View image in PDF format 01/08/2014 --ANNUAL REPORT View image in PDF format 03/05/2013 --ANNUAL REPORT View image in PDF format 02/08/2012 --ANNUAL REPORT View image in PDF format 08/19/2011 -- LC Amendment View image in PDF format 01/06/2011 --ANNUAL REPORT View image in PDF format 03/01/2010 -- Reg. Agent Change View image in PDF format 02/09/2010 --ANNUAL REPORT View image in PDF format 04/24/2009 -- LC Amendment and Name Change View image in PDF format 01/22/2009 --ANNUAL REPORT View image in PDF format 09/03/2008 --ANNUAL REPORT View image in PDF format 11/08/2007 -- LC Article of Correction View image in PDF format 10/02/2007 -- Florida Limited Liability View image in PDF format 10/02/2007 -- Merger View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 12/4/2015