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HomeMy WebLinkAboutR-09-0341Vop City of Miami Legislation < U R �O Resolution: R-09-0341 File Number: 09-00750 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/9/2009 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. 00001.980000.531000.00000. 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 Miand Page 1 of 2 File Id. 09-00750 (Version: 1) Printed On: 6/26/2017 File Number: 09-00750 of the Mayor.{1 } Footnotes: Enactment Number: R-09-0341 {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 Miami Page 2 of 2 File Id. 09-00750 (Version: 1) Printed On: 6/26/2017