Amendment 1 - M.T. Causley, Inc. /a/criVi •
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
M.T. CAUSLEY, INC.
CONTRACT NO. 47- 08/09, DATED DECEMBER 9, 2009,
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FOR BUILDING INSPECTIONS, PLANS REVIEW SERVICES IN VARIOUS
DISCIPLINES, AND PERMIT CLERKS, ON AN "AS- NEEDED" AND "ON-
GOING" BASIS, FOR THE CITY'S BUILDING DEPARTMENT
This Amendment No. 1 to the above subject Agreement is made and entered into this
/ day of , 2010, by and between the CITY OF MIAMI
BEACH, Florida (City), and M.T. CAUSLEY, INC. (Contractor).
WHEREAS, the City and Contractor enter into an Agreement for Building
Inspections, Plans Review Services in Various Disciplines, and Permit Clerks, on an "As-
Needed" and "On- Going Basis, for the City's Building Department, on December 9,
2009, pursuant to Request for Proposals (RFP).No: 47 -08/09 (the Agreement); and •
WHEREAS, the Agreement 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
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amend said Agreements, 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 Agreement, 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 Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
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FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
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k Ack, amp--
City'Clerk City g- ger WI
1/— 9 /1— 9-- /0
Date Date
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FOR CONTRACTOR: M.T. CAUSLEY, INC.
ATTEST:
By: ?O, ' . t. L1
Se retary 1 Pr f s dent /
�10 A2SS121 Michael T. Cons
Print Name Print Name
1O /i311D 10/1)10
Date Date
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
X 65 22
�y e
F: \PURC \$ALL \Cristina \Contract Amendments- Living Wage \AMENDMENT MT Causley.doc
EXHIBIT A
ORDINANCE 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 cm' oF miAmi BEACH, FLORIDA:
SECTION
That Chapter 2, Article Vi, Division 6; Sections 2-407 through 2-410 Of the Code of the .Pity of •
Miami Beach, Florida is hereby .amended as follows:
DIVISION 6 LIVING WAGE REQUIREMENTS FOR .SERVICE CONTRACTS AND CITY
EMPLOYEES
Sec: 2407. DefiriitiOns.
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 parttime, as an.employee without.beriefits
as an indCpCndont contractor.
Covered !employer meant. the :city and any and all ServiCe contractors, pwhether
contracting directly or indirectly with the city; and subcontractors crfa.servicedontractor.
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, businocs critity, corporation (whether for profit or
not for profit), partnership, limited liability company, joint venture, or sia4i1acother business entity
who is conducting business in Miami Beach, or Miami Dade County, and who is eithercaeets
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(1)Thc sorvicc contracted' is:
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
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
Eengaged in the business of, or part of a contraot to Previde, or a
subcontract to provide, e - - serVices, either
4feet4y--er- for the benefit of the City. However; this does not
apply to Contracts related primarily to the sale of products or goodt.
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Covered services are the type of services purchased by the city that are subject to the
requirements of this division Which inblude the folloWing:
(1) City service contraCts. .COntracts involving the city's expenditure of over
.$100000.00 per year and which inCludethef011owing types of serViceS:
•a. .Food preparatiOn and/Or di§ttilPution;'
:b. Security services
c. :Routine maintenance serVices such as custodial, Cleaning,
.6044494ePs repair; refinishing,.and recycling;
• .d. "Clerical or other non-supervisory Office work, whether temporary or
: permanent;
e. Trariiportitian and parking services,
f: -Printing and reproduction services,,
Landscaping, lawn, and or agricultural . tervices;. and
.h. Park andipUblioplaseotobertv Maintenance.
.(2) Should . any services included in subsection 1(a) — (h) that are being
performed by ] employees at the time this division, is be solicited in
the future by the city to be performed by A service contractor, such services ::Shall
be covered serViCeeitUbjeette:this diiion
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Sec. 2-40 tilling wage.
• (a) living wage paid.
(1) Service contractors AlAnv service contractors, as dotinoci by this. divicon
entering into e covered services .contract ‘with the city shall pay :t0 all its
employees who provide services covered by this divisiOn, a liVing*age of no less
than - $.11.28 an hour with health benefits, or a living wage of not less than
$84 without health benefits, bc described in thic ction.
(2) Phase-inCity omplOyoce. Effective .October 1. 2010, the living waoe in
subsection (a) will be implemented an a :For city omployooc under the city pay
of this division on :phase-in basis beginning in the 2001 20022010:2011 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 -2013
city- budget. year' as may be adjusted ;pursuant to cubccetion (c) below.
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subject to negotiations within the collective bargaining ctructure.
(b) Health benefits; eligibilityperiod. Fora covered.employerorthe city to comply with
the living. wage. psionrequirements 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 1:64 per hour toward the ;provision of a health benefits.; plan
fdreove red • ern ployees'and their dependents.
If the health .benefits plan of thee covered employer or tho city requires an initial period.
of employment fora new.erripioyee to be:eligible for health benefits (eligibility period) the living
wage prsvisionrequirements of this • division shall be deemed to :.behave been . complied with
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during the eligibility period provided the covered ernpioyer•or:thc .city commences to pay tithe
• applicable living Vvege 'rate without health benefits of not loss than $0 81 an hour, effective as of
the date of hireof the.eovered 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 X8.56 an hour wago
ssaleapnlicable liviriq` wage° rate with health benefits.
.Proof of the, provision: of health benefits must be submitted to: the:. itv's
. procurement:director'to qualify for the wage rate for employees with health. benefits.
.(c) Annual Open Enrvltmentf lectiori.ofBenefits: 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 :durinq the .covered employer's :.fiscal near) on which the covered
• employer :permits -.its employees an opportunity to change :their health benefits plan coverage
(hereinafter such election .period shallbe:.referred to as .the "annual :open enrollment period ") to
no longer :continue receiving coverage under the employer's .:health benefits plan. then
notwithstandlnq :the covered employer's continuing to offer a health benefits plan to employees
the covered employee (electiriq: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
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covered ernployer'may, in its reasonable iudgment and discretion, determine the length of time
Using the proposed three (3) year phase -in; commencing :with city :fiscal year::2010 -11 (October 1,
• 2010), the livino 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 510 with
health.benefiits. 'and ':S.12.17 without benefits: anti commencing with city fiscal Year '2012-13 (October 1,
2012), the living wage rate will be 511 :28 /hr with health benefits, and $12.92/hr without benefits.
2. Using the proposed three (3) year phase -in pursuant to Section :2- 408(2), comrimencinq with city fiscal
year 2010 -11 (October 1. 2010). the health benefits rate will be at least 51.251hr; commencing with :city
fiscal year 2011 -12 (October 1, :2011).. the health benefits rate will be at least 51.45 /hr:.and commencing
with city fiscal year 2012 =13. (October 1,2012). the health benefits.rate will at least $1.64/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.
(de) Indexing. The living .wage rate and health care benefits rate wain by resolution
of the city commission be autaFaatiaaliy indexed'ooch y arannually 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. c. .city commission
Notwithstanding the preceding, no annual index shall exceed three percent (3 % ) nor shall an
annual increase exceed the corresponding .annual compensation increase (if any) provided to
unrepresented (Le. 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 same-the 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.
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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 increases) (the "catch up" election). The ''catch -up" election
Must be approved by resolution, and may only he considered during the city comMissian's
review and. approval of the city's annual operating budget.
(8) `Certification required before payment. Any and all contracts for' covered services
ahalimay.be voidable - , and no funds may be released, .unless priori() :entering any agreernent
With the :city for. a, covered;: services contract, the employerservice 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
proiect or:service provided. and the :city department the contract will serve;
(3) A brief description of the project or a crvicc'providod;
( (43) 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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1 (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 sirnilar wage laws.
(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 dean employee within a reasonable time
after a request to .do so: Posting requirements will not be required where the 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 MOTE: Covered employer to insert applicable living 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.
(hg) 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 areas
required under any prevailing wage law.
(i) Tip credit exemption. For a covered employee who.reaularly receives tips or
gratuities (hereinafter ".tipsn) as part of his /her pay;. a covered employer will be exempt from
payment :of`the applicable hourly living wage rate for such employee provided that the following .
requirements are met:
1.. In order to qualify for the exception. the covered employer must claim -a "tip
credit" under the federal LaborStandards Act (FLSA):
2. The exception shall only apply to covered .employees who receive tips as
part of their compensation (ire. waiters. bartenders, hostesses, busboys. etc):.
3. The covered employerr shall be solely responsible for assurinq 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 ofthe applicable
hourly living wage requirement, tips up to the maximum amount of the allowable
tip credit; and
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 procurement
specifications for all covered services contracts on which bids or
proposals shall-be solicited on or after the effective date of this division. The procurement
specifications r. _t ^ -t _t! 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 disttibutod. Alt - - - - - * •*.* e e .e"" - procurement
specifications for city covered services contracts ef---$480 shall include
appropriate inforthation the' requirements of thia division.
• (_)b Maintenance of payroll records. Each covered employer shall maintain payrolls for -
all covered employees and basic records relating thereto, and Shell preserve them for a period
Of three (3) years orthe. of the covered service's Contract, whichever iS greater. The records
shall contain:
(1) The •nathe and address of each covered employee;
• (?) The job:title and iclassification;
(3) The number of hours worKed eaeh day:
• {4) The grossmageseathedand deductions made;
• (6) Annual wages 1paitt;
(6) A copy of the :social setutity: returns and:evidence cif 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
(d-C) Rpcirtingp4yroll. Every Six (6) Trionths, the covered employer shall file with the
eitit s procurement director a complete payroll showing the Covered employers payroll records
for each covered employee working on the covered services contract(c) for covcrcd cervices for
one payroll period. Upon request from the city, the covered employer Shall produce for
ii4speatieR-,ancl-aPpyi4g its::payroll records for any or all of its covered employees for any period
covered by the covered service s contract. The city may examine, inabect. and/or Copy such
.payroll records as needed to .ensure compliance with the requirement of this division.
Sec. 2 'Compliance and enforcement.
(a) Service contractor to cooperate. The service contractor :shall permit the City
e e = ' - to .observe work being performed at, inpr on the project
or matter for which the cervico contractor has acovered services contract was issued. The city
fefwesentatives 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) Compiaintprocedures and sanctions.
(1) .AR covered employee, or former covered employee. who believes that this
division applies a plie8 to him or her and that athe cervico contractorcovered
employer,..or the :city, is or wa not complying with the requirements of this
division, has .a right to file a-an administrative complaint with the
direr city's procurement director. Anv 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 com.piainant 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 ernployer'against whom the. complaint is being
made (hereinafter. the ''respondent "): the facts upon .which the complaint is
based; andsuch other information as may be required by the city. The complaint,
may :be filed by personal delivery, ordinary mail. or certified mail, addressed to
the .city's procurement director may be made at any time and shall be
written`concont of the employcc to the cxtcnt.allowcd: by the Florida Statutes.
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director of`thc city on bohaif of an employee for 'invoctig by the city.
(43) It shall be the roeponsibility 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
:answerthereto. 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
forrn 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 3960 days after the
complaint is filed. If, at any time, the city, upon his /her review of the complaint.
answer (if filed). and investigation, the city manager determines that a violation:of
this division has occurred, itthe city shall, within tethirty (30) working days of a
finding of noncompliance, issue a notice of corrective action. in .writing, o#to the
respondent, employer specifying all areas of noncompliance and deadlines for
resolutions of the identified violations. A copy of the city manager's notice of
corrective action shall 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 issued the city manager or the city manager's designee may issue an
order, in writing, to the . ccrvicc controctorrespondent, by certified mail or hand
delivery, notifying the ser icc contractorrespondent to appear at an
administrative hearing: before the city manager or the city Manager's designee
one of the city's sitting special masters. to be held at a time to be fixed in such
order, - - - - - _ - . _ - - - - - - _ - 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
bon - compliance and subsequent recommendation for corrective action).
(49) The hearing proceedings shalt be informal, Viand shall afford the :cenfice
contrastorrespondent the right to testify in his/her tho service contractor's own
defense; present witnesses be represented by counsel, submit relevant
'evidence, . cross examine witnesses evidence.
'(a10 The proceedings shall be recorded and minutes kept by the city. Any
service contractorresoondent requiring verbatim minutes for judicial review may
arrange for the services of a : court reporter at the expense of the service
ssntractorrespondent.
(411) Within t- ofUpon the close of the hearing, the city manager or the
special mastercity manager's 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 roam be and stating the reasons and findings of fact.
(.12) 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
the ecrvicc contractor shall designate in writingrespondent and complainant.
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E (S13) The city manager's or special _master'sdesignee'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.
(914) If a service contractorrespondent fails to seek timely appellate review of
an order of the city managor or the special mastercity manager's .designee, 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 sorvicc contractorcovered .ernplover. Any covered
employee of or former covered employee of a service contractor may instead of, but not in
addition to. utilizing the sky administrative complaint procedures set forth in section 2- 410(b)thic
division, but not in addition to .cuch proccduro, bring an action to enforce the provisions of this
division by filing suit against the covered employer in any court of competent jurisdiction-to
and . oasts. 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 damaoes 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
dosses 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 :F 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
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service contractor le found to have viotatcd'thic division.
(2)(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
e, "'contractor's expense for cach'the affected covered employee and may alsoaeees&
tlhe- followirngtake the following actions:
(1) The city may impose damages, in the cum 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 ^ ioate payment under the covered services
contract and/or terminate the contract with the service: contractor; and /or
(3) The city may declare the emptoyerservice contractor ineligible for future
service contracts for up to three (3) years or until all pcnalticc and restitution
ttavohas 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 cmploycre chall be
principal officers of ar. employer who violated this division.
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in order to compensate the city for the costs of inveStigatinq :and
remedying the violation, the city may also order the violating covered employer to
pay the city's reasonable costs (for investiaatinq 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 pubtic:record.
1 (f) Sanctions for aiding and abetting. The sanctions in section 2- 410 (sd,� shall also
apply to any party or parties aiding and abetting in any violation of this division.
(g) Retaliation and :discrimination barred. A covered employer shalt 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 a^oerting .hie or her rights under
this division informing any 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 rights participating in any of its prooredings or using any civil romodios to enforce his or
her rights u.ndcr this division. Allegations of retaliation or discrimination, if found true, in a
prococding under paragraph (b) or by a court of competent jurisdiction under paragraph (c),
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 ouch other relief ac
(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 necessaryyfor
hearing, investigations, and proceedings in case Of disobedience. of .the subpoena; the 'city
attorney may apply 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
1 books, papers, records, and documents jas the case may be,l, is relevant or necessary for such
hearings, investigations or proceedings, may issue an order requiring the attendance or
):testimony of such witnesses or the production of such documents, _ and any violation of the
courts sorder 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 ora prerequisite for asserting a slain" 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.
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•
SECTION 2. SEVERABILITY.
If any section, sentence, clause or phrase of this ordnance 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 be renumbered or
relettered to accomplish such intention, and the word "ordinance may be changed to "section ",
"article,": or other appropriate word.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten.days::fdllowing adoption.
PASSED and : ADOPTED; this Flit :day of J'0 , 2010.
ATTEST:
war
• MAYOR
le "‘ L ' t- k
l;
_CITY CLERK
F_tatto AGUR\2ESOS- ORO\Living Wage Ordinance-Amendment (Second Reading 6- 9- 10).docx
APPROVED AS TO
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FORM &:LANGUAGE
its:FOR'EXECUTION
1 •T' • me D ate
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