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HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM FILEID: Date: 6/26/2009 Requesting Department: Commission Meeting Date: 7/9/2009 District Impacted: City Manager Office Law Department Matter ID No. Type: 1A Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item Subject: Resolution Authorizing Payment to SFM Services. Inc. and SFM Janitorial Purpose of Item: It is respectfully requested that the City Commission adopt the attached Resolution which authorizes 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 their post -September 29, 2007 payment of the City's living wage to employees for maintenance services at the former Orange Bowl which are contractually based on turnstile rates. Background Information: The City had compensated SFM for maintenance services rendered under a renewal contract based on rates bid on June 22, 2004, prior to the enactment of the Living Wage Ordinance on April 6, 2006. SFM was sued in a class action suit by some of its former and current employees alleging violation of the City's Living Wage Ordinance and filed third party claims against the City of Miami, in the Circuit Court Case No: 07-08448 CA (25), in Miami, Miami -Dade County, Florida. SFM's damages claim centered on SFM's payment of living wages to its employees and/or settlement of the class action claims at living wage rates, while the City had paid SFM for contractual services at the lower renewal contract rate. The City of Miami Commission authorized, pursuant to Resolution No. 08-0449, a settlement of the third party claims, without any admission of liability, including payment to SFM of amounts consistent with living wage rates for services rendered which were calculated through September 29, 2007. However, SFM argues that it paid its employees living wages in excess of the contractual turnstile -based rates from September 30, 2007 through April 12, 2008 which were not included in the settlement. SFM is now requesting payment from the City of $16,987.57. The Administration concurs with SFM's request and recommends payment of the requested amount to compensate SFM for the living wages paid to employees working on the "turnstile based" portion of the contract. Budget Impact Analysis NO Is this item related to revenue? YES Is this item an expenditure? If so, please identify funding source below. General Account No: 00001.980000.531000.0000.00000 Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: N/A Maintenance Cost: N/A Total Fiscal Impact: $16,987.57 CH, If using or receiving capital funds Grants Final Approvals (SIGN AND DATE) Budget.���Mh ��.►��/�--- 6�tib�a°l Risk Management Purchasing Dept. Director Chief ,� o f, v o City Manager Page 1 of 1