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(A) In accordance with the parameters set forth in subsection (E), all contract-employees as defined in this Chapter shall be issued a security card from the Human Resources Department. The security card shall, at a minimum, depict on the front of the card the word "CONTRACTOR" in bold print, provide an accurate picture of the contract-employee, state the contract-employee's first name, state the name of the contract-employee's employer and clearly provide an expiration date. The City may also issue short-term, temporary, identification passes for temporary contract-employees, as requested by the contractor.
(B) The back of every City issued security card, except temporary passes, shall read: "UNAUTHORIZED POSSESSION OF THIS SECURITY CARD IS A CRIMINAL OFFENSE PURSUANT TO ORD. CHAPTER 98." The back of every City issued security card shall also read: "IF FOUND, DROP IN THE NEAREST MAIL BOX. POSTMASTER, POSTAGE GUARANTEED. PLEASE DELIVER TO: CITY HALL, 120 MALABAR ROAD SE, PALM BAY, FL 32907."
(C) Prior to being issued a City security card, the contractor shall complete an application which acknowledges, under penalty of perjury, that the contract-employee works or provides service for the contractor, whether for compensation or not, and authorizes the issuance of a City security card to the contract-employee, which provides limited information identifying the contract-employee (including, but not limited to, name, date of birth, address, and either a driver's license number or the number of a state-issued identification card), and which provides an expiration date (which shall not be later than the term of the contract).
(1) The application shall also attest that the employer has conducted a background check of the contract-employee and disclose whether, to the best of employer's knowledge, the contract-employee is currently under investigation for any criminal act, is engaging in any violation of state or federal law, and/or is a registered sex offender or predator. The application shall also be signed by the contract-employee which attests whether he or she is knowingly under investigation for any criminal act, is engaging in any violation of state or federal law, and/or is a registered sex offender or predator.
(2) The attestations contained in subsection (C)(1), above, shall constitute a continuing obligation on the part of the employer and the contract-employee and, should the contract-employee's status changes which makes him or her enter one of the above categories, such information shall be disclosed to the City's Human Resources Department in writing on the next regular business day of the City.
(3) In the event a contract-employee is, or becomes, a person under investigation for a criminal offense, a person in violation of a criminal law, or a registered sex offender or predator, such fact shall not automatically exclude such contract-employee from service in or to the City. The information shall be evaluated on a case-by-case basis, considering the nature of the employment. The City reserves the right, in its sole and exclusive discretion, to reject any contract-employee based upon any lawful reason.
(D) The City shall retain the right to verify the information contained on the application and shall require the contract-employee to present his or her driver's license or state-issued identification card prior to sitting for a photograph or being issued a City security card. The City shall retain the right to request fingerprints of the contract-employee and/or conduct a background investigation if it is deemed necessary, in the sole discretion of the City.
(E) Except as provided for herein, this Chapter shall apply to all those who are engaged in a business relationship with the City, regardless of whether such business arrangement is pursuant to a written contract.
(1) SERVICE PROVIDER EXCEPTION. The provisions of this Chapter do not apply to those who provide a service to the City, where the City is the consumer of such service and the contractor is repairing, maintaining or installing its equipment which has been leased or sold to the City (i.e., a repairman coming into a City office to repair a copy machine, Waste Management emptying dumpsters, etc.) and the contract-employee has no significant contact with the public, regardless of the existence of a contract or other business arrangement.
(2) DELIVERY PERSON EXCEPTION. The provisions of this Chapter do not apply to those who provide a service to the City where the City is a recipient of routine deliveries (i.e., the FedEx driver) regardless of the existence of a contract or other business arrangement.
(3) LARGE EMPLOYER EXCEPTION. The provisions of this Chapter do not apply to the employees of any contractor whose business has more than five hundred (500) employees and which can document at least one other governmental client which is a county, a county school board, a sheriff's office, a municipality with a population of more than 70,000 persons, the State of Florida or an agency thereof (i.e., Water Management District, County Housing Authority, etc.) or the Federal Government or an agency thereof.
(a) To qualify for this exemption, the contractor shall issue its own identification cards to its employees, which complies with the minimum requirements set forth in subsection (A), above (except for the word "CONTRACTOR" and the expiration date). A determination as to whether the company-issued identification card is sufficient shall be in the sole discretion of the City.
(b) The purpose of this exemption is that any business of this size, with other governmental contracts, is presumed by the City to have screened its employees and verified that they are not a danger to the citizens of the City, and the City is confident that the large employer's identification card is sufficient to inform the public of the worker's identity.
(c) In the event a business qualifying for the exemption set forth herein is or becomes, in the sole discretion of the City Council, suspected of not maintaining adequate employee screening to protect the citizens of the City, the Council may, by motion and a majority vote, revoke the "large employer exemption" for such contractor.
(d) In the event a "large employer exemption" is not granted or is revoked for any particular contractor, that contractor shall have no recourse against the City and must comply with the provisions of this Chapter and obtain City issued security cards for each of its employees.
(4) CHARTER SCHOOL EXCEPTION. The provisions of this Chapter do not apply to the employees of Charter Schools USA which is the long-term provider of education services to the Palm Bay Municipal Charter School Authority, provided that such employees:
(a) Have completed the required background investigation required by Fla. Stat. § 1012.465 (the Jessica Lunsford Act); and
(b) Possess and display a photo identification card issued by Charter Schools USA.
(5) The City's Risk Manager may authorize narrow exceptions for a contractor which identifies specific job assignment where the wearing of a security card poses an unusual risk of harm, provided all of the following are met:
(a) The contract-employee must possess a City issued security card on his or her person at all times and must display it at all times that he or she is not actively engaged in the identified high-risk job assignment;
(b) The contract-employee must be wearing a uniform or a shirt that identifies the name of his or her employer; and
(c) The excepted high-risk job assignment must not involve any significant public contact.
(F) Reference to a "City issued security card" within this Chapter shall apply equally whether the contract-employee is issued a security card from the City or an identification card from his or her company employer pursuant to subsection (E)(3), above.
(G) The following are terms and conditions applicable to contract-employees:
(1) A contract-employee shall have the City issued security card attached to his or her person, located on the front-side of such contract-employee at the beltline or above, with the front of the card plainly visible. Such contract-employee shall not hide the card or otherwise make it less than plainly visible at any time, especially when a citizen is attempting to see the picture and information contained thereupon. The contract-employee shall present the security card for inspection to any individual identifying themselves as a City employee and displaying his or her own City issued security card.
(2) A contract-employee shall surrender his or her City issued security card upon resigning from his or her employment or otherwise ceasing to regularly work in the City of Palm Bay. The contractor shall remain responsible for ensuring that its employees surrender such City issued security card upon separation from service and will deliver such card to the Human Resources Department.
(3) In the event a contract-employee loses his or her City issued security card, it shall be reported immediately to the Human Resources Department. The contract-employee will cooperate in documenting the lost card including, but not limited to, the filing of a police report. A replacement City issued security card will be provided at no cost to the contractor or the contract-employee for the first replacement card within a two-year period. Subsequent replacement cards within that time period for the same contract-employee may involve a fee to be established by the City.
(4) In the event a contract-employee is at his or her worksite without a City issued security card, the contract-employee may be directed by any law enforcement officer to immediately leave the worksite. Failure of the contract-employee to leave the worksite upon direction of a law enforcement officer shall constitute a criminal offense punishable as set forth in § 10.99.
(5) It is the contractor's responsibility to ensure that the contracted work gets completed as required by the contract. The contract-employee shall not return to the worksite without a City issued security card.
(H) A contractor shall be fully and completely responsible to ensure that any subcontractor engaged to fulfill the terms of the contract fully complies with the provisions of this Chapter.
(I) Any contractor (including any subcontractor) who knowingly violates the provisions of this Chapter shall be guilty of a criminal offense punishable as set forth in § 10.99.
(J) The provisions of this Chapter shall not be enforced upon a declaration pursuant to Chapter 53, and shall automatically be suspended during the aftermath of the emergency until the next regularly scheduled City Council meeting where business is transacted. This Chapter shall remain suspended subsequent to that Council meeting if the suspension is approved by a motion and an affirmative vote of a majority of the Council members present.
(K) It is the intention of the City Council that this Chapter apply equally to current contractors as well as future contractors. This Chapter shall be incorporated by reference in all future contracts approved by the City.
(Ord. 2007-48, passed 6-21-07; Am. Ord. 2007-96, passed 10-18-07)