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City of Miami
City Hall
3500 Pan American
Drive
7
Miami, FL 33133
Legislation
www.miamigov.com
Resolution
File Number: 09-00750
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
OF MIAMI TO PAY SFM SERVICES, INC., A FLORIDA CORPORATION AND SFM
JANITORIAL SERVICES, LLC (COLLECTIVELY SFM), THE SUM OF $16,987.57,
FOR POST -SEPTEMBER 29, 2007 LIVING WAGE RATES PAID TO EMPLOYEES
IN EXCESS OF CONTRACTUAL TURNSTILE -BASED RATES, UPON EXECUTING
A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO.
0000 1. 980000.531000. 00000.
WHEREAS, the City of Miami ("City") had a renewal contract with South Florida Maintenance
Services ("SFM") for maintenance services at the former Orange Bowl and Bayfront Park; and
WHEREAS, the contractual rates are based on the June 22, 2004 rates that were bid for the
initial contract, prior to the enactment of the Living Wage Ordinance on April 6, 2006; and
WHEREAS, SFM filed third party claims against the City in the Circuit Court Case No:
07-08448 CA (25), in Miami, Miami -Dade County, Florida ("the Litigation"), which claims were disputed
by the City; and
WHEREAS, pursuant to Resolution No. 08-0449, adopted July 24, 2008, the City Commission
authorized the Director of Finance to pay SFM, without admission of liability, the sum of $213,272 in
full and complete settlement of any and all claims and demands against the City in the Litigation; and
WHEREAS, the contractor paid its employees living wages which exceed the turnstile -based
contractual rates from September 30, 2007 through April 12, 2008 and seeks payment from the City of
the difference in the amount of $16,987.57;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City is authorized to pay SFM Services, Inc., a Florida Corporation and SFM
Janitorial Services, LCC, the sum of $16,987.57, for post -September 29, 2007 living wage rate
expenditures, in full and complete settlement of any and all claims and demands against the City of
Miami, its officers, agents and servants, upon executing a general release for the City of Miami, its
present and former officers, agents and employees, in a form acceptable to the City Attorney with
funds allocated from Account No. 00001.980000.531000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
City of Miami Page 1 of 2 Printed On: 6/29/2009
File Number. 09-00750
of the Mayor.(1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY,,,:
Footnotes:
(1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miand Page 2 of 2 Printed On: 6/29/2009