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HomeMy WebLinkAboutR-18-0045City of Miami Legislation Resolution R-18-0045 File Number: 3567 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/8/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE CITY OF MIAMI'S ("CITY") PROFESSIONAL SERVICES AGREEMENTS ("PSA") FOR JANITORIAL SERVICES WITH ABLE BUSINESS SERVICES, INC. AND CARLOS ROSARIO CLEANING SERVICE CORP ("CONTRACTORS") AWARDED PURSUANT TO RESOLUTION NO. 16-0145, ADOPTED APRIL 14, 2016, TO PROVIDE THAT EMPLOYEES OF THE CONTRACTORS BE PAID THE LIVING WAGE AS ESTABLISHED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, IMPLEMENTING RESOLUTION NO. 16- 0145 AND PROVIDING FOR PAYMENT OF THE LIVING WAGE TO EMPLOYEES OF THE CONTRACTORS; ALLOCATING FUNDS IN THE NECESSARY AMOUNT FOR THE ADDITIONAL COSTS FROM THE SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. WHEREAS, pursuant to Resolution No. 16-0145 adopted on April 14, 2016, the City of Miami ("City") entered into Professional Services Agreements ("PSA") with Able Business Services, Inc. and Carlos Rosario Cleaning Service Corp (collectively, "Contractors") to furnish janitorial services to the City pursuant to Request for Proposal ("RFP") No. 508383; and WHEREAS, the PSA provides for a five (5) year term commencing on June 1, 2016 and ending on May 31, 2021, with one (1) additional five (5) year option to renew, providing for a possible entire term of ten (10) years; and WHEREAS, subsequently, Amendment No. 1 was approved and executed with the Contractors that added additional square footage of City facilities which were receiving janitorial services; and WHEREAS, on November 17, 2016, the City Commission adopted Ordinance No. 13648, amending Chapter 18, Article X of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "Living Wage Requirements for Service Contracts and City Employees," commonly referred to as the "Living Wage Ordinance", to expand and modernize various terms, conditions, and requirements ("Amendment"); and WHEREAS, the Amendment provides that Service Contracts competitively solicited by the City with a total contract value exceeding $100,000.00 annually and awarded on or after January 1, 2017, pay employees of contractors who provide services, a living wage of no less than fifteen dollars ($15.00) per hour without health benefits or a wage of no less than thirteen dollars and nineteen cents ($13.19) per hour with health benefits; and WHEREAS, the PSA with the Contractors predates the referenced Amendment to the City's Living Wage Ordinance and they have agreed to said Living Wage; and City of Miami Page 1 of 2 File ID: 3567 (Revision:) Printed On: 4/17/2018 File ID: 3567 Enactment Number: R-18-0045 WHEREAS, authorization is hereby requested for the City Manager to sign the Second Amendment to the PSA with the Contractors, which shall be prospective, in a form acceptable to the City Manager and the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City's PSA for Janitorial Services with the Contractors, awarded pursuant to Resolution No 16-0145, adopted April 14, 2016, are hereby amended to implement the provision of the payment of the living wage to employees of the Contractors. Section 3. The City Manager is hereby authorized' to execute the Second Amendment to the PSA, in a form acceptable to the City Manager and the City Attorney. Section 4. Funds are to be allocated from the sources of funds of the user departments, subject to availability of funds and budgetary approval at time of need. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.z APPROVED AS TO FORM AND CORRECTNESS: r i ria i ' ndez, City Attor ey 1/30/2018 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 3567 (Revision:) Printed on: 411712018