Amendment 1 - Condo Electric Motor Repair C F //7/o7
AMENDMENT NO 1 TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
CONDO ELECTRIC MOTOR REPAIR, CORP.
CONTRACT NO. 10- 06/07, DATED JANUARY 22,2008,
FOR ELECTRIC MOTOR REWIND AND REPAIR SERVICES
This Amendment No No.A to I th9 above subject Contract is made and entered into this
day of (J' , 2010, by and between the CITY. OF MIAMI
BEA Florida (City), and CONDO ELECTRIC MOTOR REPAIR, CORP. (Contractor).
WHEREAS, the City and. Contractor enter into a Contract for Electric Motor
Rewind and Repair Services, on January. 22, 2008, pursuant to Invitation to Bid (ITB)
No 10 -06/07 (the Contract); and
WHEREAS, the Contract is subject to the City's Living Wage Ordinance (as
described below); and
WHEREAS, at its meeting on June 9, 2010, the Mayor and City Commission
adopted Ordinance No 2010 -3682 (which Ordinance, is attached as Exhibit "A" hereto),
amending certain provisions of the City's Living Wage Ordinance, as codified in Sections
2 -407 through 2-410 of the City Code (the Ordinance);and
WHEREAS, the primary purpose of the amendment to the Ordinance was to
adjust and increase the hourly living wage rate paid by service contractors covered
under the Ordinance to their covered employees; with the proposed increases to be
phased in over a three year period, commencing on October 1, 2010; and
WHEREAS, the amendment to the Ordinance also amended the definition of
"health benefits" to define the type of health benefits plan service contractors would be
required to offer their covered employees in order to be eligible to pay the (lower) hourly
living wage rate (with health benefits) ;and
WHEREAS, the amendment to the Ordinance now also provides that the
covered employee may elect, during an annual open enrollment period to be established
by the employer, whether or not to take part in the health benefits plan offered by the
employer and, should the employee ,elect to opt out and not receive the coverage, then
the employee _shall be paid the higher hourly living wage rate (without health benefits);
and
WHEREAS, in order to assure that covered service contractors doing business
with the City continue to comply with the provisions of the Ordinance, as amended, it is
necessary to amend all the current contracts between the City and service contractors
- subject to and covered by the provisions of the Ordinance; and
WHEREAS, at its meeting on September 20, 2010, the Mayor and City
Commission adopted Resolution No. 2010 - 27514, authorizing the City Manager to
amend said contracts, to the extent required to bring them into compliance with the
Ordinance, as amended.
NOW, THEREFORE, for and in consideration of the conditions and covenants
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The above recitals °are true and correct and incorporated hereto by reference.
2. Pursuant to Section 2 -408 of the Miami Beach City Code, as same may be
amended from time to time, service contractors shall be required to pay all
employees who provide services pursuant to this Contract, the hourly living wage
rates based on the following three (3) year phase -in approach:
• Commencing with City fiscal year 2010 -11 (October 1, 2010), the hourly
living wage rate will be $10.16/hr. with health benefits, and $11.41/hr
without benefits;
• Commencing with City fiscal year 2011 -12 (October 1 2011), the hourly
living wage rate will be $10.72/hr with - health benefits, and $12.17/hr
without benefits; and
• Commencing with City fiscal year 2012 -13 (October 1, 2012), the hourly
living rate will be $11.28/hr with health benefits, and $12.92/hr without
benefits.
3. Except as amended herein, all other terms and conditions of the Contract shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed by their appropriate officials, as of the date first entered above.
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F:\PURC \$ ALL \Cristina \Contract Amendments- Living Wage\AMENDMENT Condo Electric.doc
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
B y : i _
City Clerk Ci y ger
- 1/ f / / / -9 -/v
Date Date
FOR CONTRACTOR: CONDO ELECTRIC MOTOR REPAIR, CORP.
ATTEST:
By: 1 / .ec _________
'tar President
HECTOR J. GOMEZ HECTOR A. GOMEZ
Print Name Print Name '
10/01/2010. 10/08/2010
Date Date
APPROVED. AS TO
FORM &LANGUAGE
et FOR EXECUTION
41
.11 Attorney lih to
■ \
F: \PURC \$ALL \Cristina \Contract Amendments - Living Wage \AMENDMENT Condo Electric.doc
_ EXHIBIT A
ORDNANCE NO.
2010-3682
. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI :BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE,
ENTITLED, "ADMINISTRATION;" BY AMENDING ARTICLE VI THEREOF
ENTITLED,. "PROCUREMENT", BY AMENDING DIVISION. '6 ENTITLED
"LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY
EMPLOYEES ", SECTIONS 2-407 THROUGH 2-410 THEREIN;
AND PROVIDING FURTHER FOR CODIFICATION, :SEVERABILITY; AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 2; Article Vi, Division 6, Sections 2 -407 through 2-410, of the Code of the, City of
Miami Beach, Florida,. is hereby amended as follows:
DIVISION 6. LIVING WAGE REQUIREMENTS FOR :SERVICE CONTRACTS AND CITY
EMPLOYEES
Sec 2-407. Definitions.
City means the government of Miami Beach or any authorized agents any board; -
agency commission, department, or other entity thereof, or any successor thereto.
Covered employee means anyone employed by the city or any service; contractor, as
further defined in this division, either full or part time, as an employee, with ° or without benefits er
Covered .employer means the city and any and all service contractors, :whether
contracting directly or indirectly :with the city, and subcontractors of; a, service contractor.`
Health benefits shall. at a minimum_ mean health insurance coverage which consists of
wellness and preventive care, including maternity, and that meets the requirements of a
"standard health benefit: plan as defined in Subsection. 627.6699(12)(b)(4), Florida Statutes, as
may be amended from time to time:
Service contractor is any individual, businocc entity, corporation (whether for profit or
not for profit), partnership, limited liability company, joint venture, orcimilarother business .entity
who is conducting business in Miami _Beach, or Miami Dade County, and who is eithereet&
(1)The corvicc contractor is:
1.. Poaid in whole or .part from one or more of the city's general fund,
capital project finds, special revenue funds, or any other funds oithor
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;directly or indirectly, whether by competitive bid process, informal bids,
• requests for proposals, some form of solicitation, negotiation, or
agreement; or any - other decision to enter into a contract; or
Eerigaged in the business of, or part of a contract to provide, or a
subcontract to provide, e -*-- - " e e e SerViCeS, e4thef
-eliFeatly-or-.4Fielifeatly for the benefit of the city. However, this does not
apply to related prirnarily to the sale Of products or goods.
Covered services are the type of services purchased by the 'city that are subject to the
requirements of this division which include the following:.
(1) City service contracts. Contracts involving the city's. expenditure .of .over
• . $1 per year and which, indlude the following types of services:
a. •Food preparation and/or distribution.;
b. Security services;
c. Routine maintenance sentices such as custodial, •cleaning,
44Fitip6I-teCe refuse rerntivat, repair, refinishing, and recycling;
d. Clerical. :or other non-supervisory office work, whether temporary or
permanent;
e. Transportation :and parking •services;
f.. Printing and reproduction .services;
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.g. .Landscaping, lawn, and or agriCultural services and
h Park andPublicialaseproPerty Maintenance.
(2) Should any services included in subsection 1(a) (h) that are being
performed by city employees at the time this division is enacted be solicited in
the future by the city to be performed by .a service contractor, such services:their
be .covered.servicessubject.to this diviSion.
Sec. 2-408. Living wage.
• (a) Livipg wage paid.
(1) Service•contractois. .0 service contractorc, ac definod by thic
entering into a covered services contract with the city shall pay to all its
employees who provide services covered byThisdivisiori, a living wage of no less
than T445.611.28 an hour with health benefits, or a Jiving wage of not less than
TAM34-12:92an without health benefits in thic
(2) Phase-inCity omplpy000. Effective October 1. 2010, the living wade in
subsection (a) will be implemented on a For city ornployaos under the city pay
of this division on phase in basis beginning in the 2001 20022010 city
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budget year, increasing on an annual basis incrementally so that the living wage
is fully implemented for eitycovered employees in the 2003 20042012 -2 013
city budget ear 'ue may tie a dj t ,d
Y - 9 Y pmt sabscatioa (c) below.
(b). Health benefits; eligibility period. For a covered . employer or the city to comply with
the living .wage :pr isienrequirements of this division by choosing to pay the lower wage scale
available when a covered employer also provides health benefits, such health benefits shall •
consist of payment of at least $4,241.6.4 per hour toward the ;provision of :a; health benefits plan
for covered employees and their dependents.
(; If the health benefits plan of thee covered employer or tho city requires an initial period
of employment fora new employee to be eligible for health benefits (eligibility period) the living
wage aravisionrequirements of this division shall be deemed to behave been complied with
during the eligibility period, provided the covered employer or the -city commences to pay the •
applicable living wage rate without health benefits of not less than $9.81 an hour, effective as of
. the date of hire of the .covered _employee:
Upon completion of the eligibility period, and ;provided the new employee will be
provided .. health benefits, a covered. employer may commence to pay. the - aa-fha age •
soaleapplicable living wage rate with health benefits.
• Proof of the provision. of health benefits must :be submitted to the aw ling -aut ari#ycitv's
procurement director to qualify for the wage rate for employees with health benefits.
(c) Annual Open Enrollment/Election .of Benefits. If :a covered employee is •
:being paid the hourly living wage rate with health benefits and ..elects, during such period of time
(but no Tess than once during the .covered employer's fiscal year) on which the covered
employer 'permits its employees an opportunity to .change their health benefits plan coverage
(hereinafter such election period shall be referred to as the 'annual open enrollment period ") to
no longer continue receiving coverage ,under the employer's health benefits plan, then --
'notwithstanding the covered employers continuing to offer a ; health benefits plan to employees • .
-.the covered employee (electing out of coverage during the annual enrollment period) shall: by _
the next pay period. be paid the applicable hourly living wage rate without health benefits. The
covered employer may, in its reasonable judgment and discretion, determine the length of time
1 Using the proposed three (3) year phase -in, commencing with city fiscal year 2010 -11 (October 1.
2010), the living wage rate will be $10.16 /hr. with health benefits. and $11_411hr without benefits;
commencing with city' fiscal year 2011-12 (October 1, 2011). the living wage rate will be S10.72/hr with
health benefits, and $12.17 without benefits: and commencing with city fiscal year 2 -13 (October 1,
2012), the living wage rate will be $11:281hr with health benefits, and $12.52 /hrwithout benefits.
2 . Using the proposed three (3) year phase -in pursuant to Section 2- 408(2), commencing with city fiscal
year 2010 -11. (October 1. 2010), the health benefits rate will be at least 51.25/hr; commencing with city
fiscal year 2011 -12 (October 1, 2011). the health benefits rate will be at least 51.45/hr: and'commeencin•
with city fiscal year 2012 -13 (October 1,'2012), the health benefits rate will at least 51.64/hr.
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for the annual open enrollment period; may require employees to complete and return a benefits
election form; and, in the event that a covered employee does not complete and return such
election form to the covered employee during the prescribed time of the annual open enrollment
period: then the covered employer may treat the covered employee as having elected to
continue with the health plan benefits coverage (then in effect) and. accordingly, may continue
to pay the covered employee the applicable hourly living wage rate with health benefits.
(as) Indexing. The living wage rate and health care benefits rate willmay, by resolution
of the city commission be automatically indexed easla- yearannualfy for inflation using the Miami
PMSA Consumer Price Index for all Urban Consumers (CPI-U) Miami /Ft, Lauderdale, issued by
the U.S. Department of Labor s Bureau of Labor Statistics. unlccs the city commission
Notwithstanding the preceding, no annual index shall exceed three percent (3 %); nor shall arr
annual increase exceed the corresponding annual compensation increase (if any) provided to
unrepresented (i.e. unclassified) city employees. The city commission may also, by resolution;
elect not to index the living wage rate in any particular year, if it determines it would not be
fiscally sound to implement samothe CPI U (in a particular year. The determination to index (or,
not index) the living wage rate shall be considered annually during the city commission's review
and approval of the city's annual .operating budget.
In the event that the city commission has determined, in any particular fiscal year (or
years), to not index the living wage rate, and thereafter determines that making up all or any
part of the prior year's (or years') unindexed percentage would not have an adverse fiscal
impact upon the City, then the city commission shall also have the right, but not the obligation,
to cumulatively index the living' wage rate to “make-up' for any deficiencies in the prior year (or --
years) where there was (were) no increase(s) (the "catch up" election). The ucatch -up" election
must be approved by resolution, and may only be considered during the city commission's
review and approval of the city's annual operating budget.
(d) Certification required before payment. Any and all contracts for covered services
shatiinav be voidable, and no funds may be released, unless prior to entering any , agreement
with the city for a covered services contract, the ley•rservice contractor certifies to the city
that it will pay each of its covered employees no less than the living wage described in section
2- 408(a). A copy of this certificate must be made ;available to the public upon request, The
certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the covered employer, a local
• contact person, and the specific project for which the covered services contract is
sought;
(2) The amount of the covered services contract, a brief description of the
project or service provided. and the city department the contract will serve;
(4) A statement of the wage levels for all employees and
(54) A commitment to pay all covered employees -athe living wage, as defined
by section 2-408(a). and including, without limitation. any annual indexes thereto
(as provided in section 2- 408(d).
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(fe) Observation of other laws. Every covered employee shall be paid not less than
biweekly, and without subsequent deduction or rebate on any account (except as such payroll
• deductions as are directed or permitted by law or by a collective bargaining agreement). The
covered employer shall pay covered employees wage rates in accordance with federal and all
other applicable laws such as overtime and similar wage laws.
1 (g#) Posting. A copy of the most current living wage rate shall be kept posted by the covered
employer at the site of the work in a :prominent place where it can easily be seen and read by
I the covered employees, and shall also be supplied to thean employee within a reasonable time
after a request to do so: Posting requirements will not be required. where the covered employer
prints the following statements on the front of the covered employee's first paycheck and every •
• six (6) months thereafter: "You are required by City of Miami Beach law to be paid at least $$-56
dollars !NOTE: Covered employer to insert applicable iivinq wage ratelan hour. If you are .
not paid this hourly rate, contact your employer, an attorney, or the City of Miami Beach." All
notices will be printed in English, Spanish, and Creole.
(bg) Collective bargaining. Nothing in this division shall be read to require or authorize
any covered employer to reduce wages set by a collective bargaining agreement or alas
required under any prevailing wage law.
(i) . '.Tip credit .exemption. For a covered employee who regularly receives tips or
• ! gratuities (hereinafter "tips ") as part of his /her pay. a covered employer will be exempt from.
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payment of the applicable hourly living wage rate for such employee provided that the following
r requirements are met:
1. In order to qualify for the exception, the covered employer must claim a "tip
credit" under the federal Fair Labor' Standards Act (FLSA):
2. The exception shall only apply to covered employees who receive tips as
part of their compensation (i.e. waiters. bartenders, hostesses, busboys. etc:):
3. The covered employer shall be solely responsible for assuring that all tipped
covered employees meet the eligibility requirements for the tip credit under the
FLSA:
• 4. The covered employer may only credit toward satisfaction of the applicable
hourly living wage requirement, tips up to the maximum amount of the allowable
tip credit; and
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5. The covered employee's tips plus direct .hourly .wage combined must add up
to.at.least the applicable hourly living wage rate.
Notwithstanding anything in this subsection, tipped covered employees must receive at
least the applicable hourly living wage rate when their direct wages and tips are combined.
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Sec. 2-409. Implementation..
(a) Procurement specifications. The living wage shall be required in the pro curement
specifications for all _.• - - _ - _ e covered services contracts on which bids or
proposals stiall -beare solicited on or after the effective date of this division. The procurement
specifications e = -e . -=" .-=- -e' shall include , a requirement that service
contractors and their subcontractors agree to produce all documents and records relating to
payroll and compliance with this division upon request from the city. All covered service
contracts awarded subsequent to the date when this division becomes effective, shall be subject
to the requirements of this division.
(b) information dicfibutod. All - a - "e-= - - - procurement
specifications for city covered services contracts shall include
appropriate information about the requirements of this division.
(Gig) Maintenance of payroll records: Each covered employer shall maintain payrolls for
all covered employees and basic records relating thereto, and shall preserve them for a period
of three (3) years or the term of the covered services contract, whichever is greater. The records
shall contain:
(1) The 'name .and address of each covered employee;.
(2) The job title and classification;
(3) The number of hours worked each .day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A. copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments; including contributions to approved
plans; and
(8) Any other data or information this . division should require from time to time
(dg) Reporting payroll. Every six (6) :months, the covered employer shall file with the
city's procurement director a complete payroll showing the covered employer s payroll records
for each covered employee working on the covered services contract(s) for covered ccraicco for
one payroll period. Upon request from the city, the covered employer shall produce fix
• incpoction and copying its payroll records for any or all of its covered employees for any period
covered by the covered services contract.. The city may examine, inspect, and/or copy such .
payroll records as needed to ensure compliance with the requirement of this division.
Sec. 2 - 41 . 0. Compliance and enforcement.
(a) ' Service contractor to cooperate. The service contractor :shall permit the city
- - "=-, - - - a e - - = to observe work being performed at, in_or on the project
or matter for which the - - • - _. _ - - _ - - - covered services contract was issued: The city
representatives may examine the books and records of the service contractor relating to the
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• employment and payroll to determine if the service contractor is in compliance with the
provisions of this division.
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(b) Complaint procedures and sanctions.
(1) . An covered employee, or former covered employee, who believes that this
division applies er-afrigied to him or her and that athe service cer-itractercovered
employer or the city, is or w3G not complying with the requirements of this
division, has a right to file a--an administrative complaint with theer+t
#restore city's procurement director. Any individual or entity may also file -a
complaint with the procurement director of the city on behalf of covered
employee for investigation by the city_
(2) Complaints by employees of alleged violations shall be made in writing
within one (1) year after the alleged violation occurred. No complaint shall be .
within the jurisdiction of the city under the administrative complaint procedures in
this division if the complaint is filed more than one (1) year after the alleged
violation practice occurred..
(3) The complaint shall be signed by the person making the complaint
(hereinafter, the "complainant") and if the complainant is not the covered
employee, by the covered employee as well; shall be :sworn to or affirmed; and
shall. at a minimum, state the full name and address of the complainant; the full
name and address of the covered employer against whom the complaint is being
made (hereinafter. the "respondent "): the -facts upon which the complaint is
based; and such other information as° may be required by the city. The complaint .
may be fled by personal delivery, ordinary mail, or certified mail, addressed to.
the :city's procurement director may be mado at any time and shall be
director of the cite or behalf of an employee for invoctlgation by the city,
(443) It shall be the rosponsibility of tThe city's procurement director shall notify •
the covered employer named in the complaint (the "respondent "), by providing
the employer with a copy of the complaint by certified mail or personal delivery.
Within thirty (30) working days after a copy of the complaint has been served
upon the respondent by the procurement director, the :respondent may file an
answer thereto. If an answer is filed. the answer shall be in writing and contain,
at •a minimum, a separate and specific response to each and every particular of -
the complaint, or a denial of any knowledge or information thereof. sufficient to
form a belief, Any allegation of the complaint which is not denied shall be
deemed admitted.
(5) If an answer is filed, the procurement director shall cause a copy of the
answer to be served on the complainant: If the respondent elects not to answer
the complaint. then the matter shall proceed on the evidence in support of the
complaint.
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(6) Whenever a verified written complaint is filed pursuant to this division, the
procurement director shall make a prompt investigation of to invoctigato all
allegations of violations in connection therewith and forward to the city manager
a written summary of the investigation of this division within X860 days after the
complaint is filed. If - .. ' _ - , upon his/her review of the complaint.
answer (if filed). and investigation, the city manager determines that a violation of
this division has occurred, +tthe city shall, within teathirty (30) working days of a
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finding of noncompliance, issue a notice of corrective action, in writing, efto the
respondent, empleyer specifying all areas of noncompliance and deadlines for
resolutions of the identified violations, A copy of the city manager's notice of
corrective action shalt be sent to the complainant and the respondent by certified
mail, return receipt requested, or by hand delivery.
(7) If a espondent fails to comply with any or all of the
resolutions for the identified violations, within the deadlines provided in the
notice, iccuod, the city manager or the city managor's dosignco may issue an
order. in writing; to the ccrvico controctorrespondent, by certified mail or hand
delivery, notifying the ccrvicc contractorrespondent to appear at an
administrative hearing before - - _ - _ - _ - - _ - one of the city's sitting special masters. to bey held at a time to be fixed in such
o rder, - - _ - - - - - - - - - • _ - A copy of
the order shall also be sent to the complainant by certified mail or hand delivery.
(8) The city manager shall also provide a written report to the city
commission, informing them of the complaint, which report shall include a brief
summary of the facts at issue, the results of the city's investigation, and the
recommended administrative disposition of the complaint (including.: any finding of
non- compliance and subsequent recommendation for corrective action).
(49) The hearing proceedings shall be informal, butand shall afford the fcer-vice
send respondent the right to testify in his /her tho ccrvicc contractor'c. own
defense; present witnesses be represented by counsel, submit relevant
evidence, cross examine witnesses,,: and object to evidence.
(.5:111) The proceedings shall be recorded and minutes kept by the city. Any
ccrvicc contractorresoondent requiring verbatim minutes for judicial review may
arrange for the services of a court reporter at the expense of the services
seetracter
(611) Within ten days ofUpon the close of the hearing, the city manager or the
special mastercaty managor'c dacignoc; shall render a decision in .writing
determining whether or not the espondent is in compliance or
whether other action should be taken or whether the matter should be
continued, as the case may be-_ and stating the reasons and findings of fact.
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(7-j2 The city ' - - - - = - -- - - - _ -
the city clerk, and shall send a true and correct copy of #isthe order by certified
mail, return receipt requested, or by hand delivery, to the
- -- - - - +- respondent and complainant.
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(S13) The city manager's or special master'sdesissee's findings shall constitute
the final administrative action of the city for purposes of judicial review under
state law. An .aggrieved party. including the city administration. may appeal a
final administrative order of a special master to the circuit court, in accordance
with Section 30 -77 hereof.
(814) If a respondent fails to seek timely appellate review of
an order of the city manager or tho special mastercity manager's dccignco; or to
• comply timely with such order, the city may pursue the enforcement of sanctions
set forth in section 2-410(c). •
• - (c) Private :right of action .against servico co ntractorcovered employer. Any covered
employee of or former covered employee of a service contractor may instead of, but not in
addition to utilizing the city administrative complaint procedures set rth in section 2-410(b)this
division, but not in addition to such procoduro, bring an action to enforce the provisions of this
division by filing suit against' the covered employer in any court of competent jurisdiction-4e
and- costs: Upon a finding by a court of competent jurisdiction that a covered employer
unlawfully withheld wages under this division, such covered .employee shall be entitled to an
award of unpaid or underpaid wages, to reasonable costs and attorneys fees and in addition, to
liquidated damages in a sum equal to twice the amount of wages the covered employer is found
to have unlawfully withheld in order to compensate the covered employee for the economic
losses they suffered by reason of not receiving their wage at the time it was due and in order to
deter future noncompliance by the covered employer. The applicable statute of limitations for
such a claim will be two; (2) years,, as provided in.l= S§Section; 95.11(4)(c), Florida Statutes, as
same may be amended from time to time. for an action for payment of wages. The court may
_ _ -_ - .a , _
ccrvicc contractor is found to have violated thic .division.
- (23(d) Sanctions against service contractors. For violations of this division, the city shall
sanction a service contractor by requiring the service contractor to pay wage restitution at the
escontractor's :expense for east} the affected covered employee and may alsoaeeess
the-felleY.gin9take the following :actions: '
(1) The city may impose damages;, in the sum of .$500.00 for each wook for
each week that the covered employee was found to have not been paid in
'accordance with this division; and /or
(2) The city may .suspend or terminate payment under the covered services - -
contract and /or terminate the contract with the service contractor; and/or
(3) The city may declare the enleyerservice contractor ineligible for . future
service contracts for up to three (3) years or until all penalties and restitution
novenas been paid in full to the covered employee and all penalties (if any) paid .
to the city, whichever is longer:, and /or In addition, all employers dial! be
principal officers of an employer who violatod thic divicion.
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In order to compensate the city for the costs of investigating and
remedying the violation. the city may also order the violating covered employer to
pay the city's . reasonable costs (for investigating and defending the complaint
and remedying the violation). Such funds shall be allocated and used to offset
the costs of implementing and enforcing this division.
(e) Public record of sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(f) Sanctions for aiding and abetting. The sanctions in section 2- 410(s4) shall also
apply to any party or parties aiding and abetting in any violation of this division.
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(g) Retaliation and discrimination barred. A covered employer shall not discharge,
reduce the compensation of, or otherwise discriminate or take adverse action against any
covered employee in retaliation for exercising the rights protected under this division including,. -
without limitation, making a complaint to the city, or otherwise accerting hie or her right& under
this division :.or. informing arty person about any party's alleged non- compliance with this
division; or informing any person of his or her potential rights under this division and to assist
him /her: in asserting such rights. Protections under this subsection (q) shall apply to any person
who mistakenly. but in good faith, alleges non- compliance with this division. Taking adverse
action against a person within ninety (90) days of the person's exercise of rights protected under •
this division shall raise a rebuttable presumption of having done so in retaliation for the exercise .
of such right - - -- - - -- - - e = _
her rights under thic division. Allegations of retaliation or discrimination, if found true_ in 3
shall result in an order of restitution and reinstatement of a discharged covered employee with
back pay to the date 'of the filing of the complaint with the city violation or such othor roliof ac
dee , to
(h) " Enforcement powers. If necessary for the enforcement of this division, the city
commission may issue subpoenas, compel the attendance and testimony of witnesses and
production of books, papers, records, and documents relating to payroll records necessary for
hearing, investigations, and proceedings. In case of disobedience of the subpoena, the city
attorney may apply to a court of competent jurisdiction for an order requiring the attendance and •
testimony of witnesses and production of books, papers, records, and documents. Said court, in
the case of the refusal to obey such subpoena, after notice to the person subpoenaed, and
upon finding that the attendance or testimony of such witnesses of the production of such
books, papers, records, and documents, Las the case may be. l, is relevant or necessary for such
hearings, investigations or proceedings, may issue an order requiring the attendance or
1 testimony of such .witnesses or the production of such .documents, and any violation of the
courts order may be punishable by the court as contempt thereof.
(i) Remedies herein nonexclusive. No remedy set forth in this division is intended to be
exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this division
in a court of law. This division shall not be construed to limit an employee's right to bring a
common law cause of action for wrongful termination; provided. however. that if a complainant
has previously initiated. or initiates, a civil action in a court of competent jurisdiction alleging a
violation of this division. or other matter. with respect to the same grievance which is the subject
of an administrative complaint pursuant to this division. then the administrative complaint shall
not be (or shall no longer be, as the case may be) within the jurisdiction of the city under the
administrative .complaint procedures established herein.
10
SECTION 2. SEVERABILITY.
If any section, sentence, clause or -phrase of this .ordinance is .held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
•
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
• hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to ^ 'section",
"article, or other appropriate word. •
•
f
. SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this M h day of v , 2010.
ATTEST:
44�,'
MAYOR
41 4
CITY CLERK
F_\atto\ASUR \RESOS- ORD\Living Wage Ordinance- Amendment (Second Reading 6 -9 10).docx
APPROVED AS TO
FORM & LANGUAGE
$FOR'EXECUTION
op /►; • me E" Date
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