Amendment 1 - Vista Building Maintenance Services - 711G log (9008- a Ggs9
AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
VISTA BUILDING MAINTENANCE SERVICES, INC.
CONTRACT NO. 04- 07/08, DATED OCTOBER 1, 2008,
FOR JANITORIAL SERVICES
This Amendment No 1 to the above subject Contract is made and entered into this
1 day of , 2010, by and between the CITY OF MIAMI
BEACH, Florida (City), and VISTA BUILDING MAINTENANCE SERVICES, INC.
(Contractor).
WHEREAS, the City and Contractor enter into a Contract for Janitorial Services,
on October 1, 2008, pursuant to Request for Proposals (RFP) No. 04 -07/08 (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
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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. Effective October 1, 2010 through September 30, 2011 the annual contract
amount is changed from $791,953.32, to $867,406.01 which represents a total
annual contract increase of no more than $75,452.69.
4. Effective October 1, 2011 through September 30, 2012 the annual contract
amount is changed from $867,406.01, to $903,246.04, which represents a total
annual contract increase of no more than $35,840.03.
5. Effective October 1, 2012 through September 30, 2013 the annual contract
amount is changed from $903,246.04, to $938,614.49, which represents a total
annual contract increase of no more than $35,368.45.
6. Except as amended herein, all other terms and conditions of the Contract shall
remain in full force and effect.
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F: \PURC \$ALL \Cristina \Contract Amendments - Living Wage \Janitorial \AMENDMENT Vista.doc
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
- M
By Auir
City. Clerk age
i/ 9 — /v
Date Date
FOR CONTRACTOR: VISTA BUILDING MAINTENANCE SERVICES, INC.
ATTEST:
7 / 46 67
By:
Secretary/; yesi • - nt
� �r /44 %Y ,7e , V /
Print Name Print Nam-
,
/ 0 1 • / �w
Date ate
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
rs
/ ttorney, \\ Date
F: \PURC \$ALL \Cristina \Contract Amendments- Living Wage \Janitorial \AMENDMENT Vista.doc
EXHIBIT A
ORDINANCE NO. 201.0 -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;.SEVE.RABIL.ITY, AND. AN. •
EFFECTIVE DATE.
NOW, THEREFORE, BEAT ORDAINED BY THE MAYOR AND CITY COMMISSION
:OF THE CITY' OF MIAMI BEACH, FLORIDA;
SECTION.1,
That Chapter 2; Article 1/l, 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. 24407. Defiriitians.
City means the government of Miami Beach or any :authorized - agents any board,
agency commission, department, or other entity: thereof, or any:successor
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
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Covered .•emptoyermeans the city and any and all :service : .contractors, ,whether •
contracting directly or indirectly with the city, arid. subcontractors of a: service contractor,
Health, benefits shall. at a minimum. mean health insurance coverage which consiists: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 bbe amended from time to.time .
Service , contractor is any individual, business 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 .eithereets
ono of tho twc following .criteria;
(1)The :Service contractor is:
1. -paid in whole or part from one or more of the city's general fund;
• capital project finds, .special revenue funds, .or any other funds, either-
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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
2: -1= engaged in the .business of, or part of a contract to provide, or a
• subcontract to provide, or Cimilarly situated to provide, services, e4t#ef
• :directly or indirectly for the benefit of the city. However; this does not
applyto contracts related pririiarilyto 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
$100,000.00 per year and which include' the :following types of services;
a.. -Food preparation and /or distribution;
:b. Security •services;
`c. Routine maintenance services: such as :custodial, •cleaning,
( eager refuse retrieval repair; refinishing, and recyciing;
-d. Clerical or other non - supervisory Office: work, whether temporary_ . or
: permanent; •
e. Tranaportation':and::parking services;
f. Printing and :reproduction;sernces
g. Landscaping, :lawn, and or agricultural services ;.and
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^ ( h. .Park .and pubIic•ceproperty 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 °shall
be .covered :services subject to this division:
:Sec. 2-408. LiVirig wage.
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(a) :Living .wage paid.
(1) Service:. contractors. Anv_ service contractor -, -: e -- e
entering .into :a covered services contract -with the city shall pay to all its
employees who provide services covered by this division, a living wage of no less
than $&.5611.28 an hour with health benefits, or a, living wage of not less than
$Q-41 2.92 an hour without: health benefit , - - -- - - •
• (2) Phase- inGiity ornployoos. - Effective .October 1, 2010, the living :wage in
subsection (a) will be implemented on :a For city employees under the .city pay
of this division on :phase -in basis beginning in the 2001 28 2010 -2011 city
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budget year, increasing on an annual basis incrementally so that the living wage
is ;fully .implemented for sitycovered employees- in the 2003 20042012-2013
city budget year as may be adjusted ,pursuant to cubccction (c) below.
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subjecttc negotiations within the collective bargaining etructure. -
(b) Health benefits; eligibility period: For a covered •erriployer orthe city to comply with
• 1: the living .wage previsionrequirements of this division by choosing to pay the lower wage scale
:available when a covered employer also provides health benefits, such health benefits shall
• . J consist of payment of at least: $4-241: 64 per hour toward "the ;provision of :a health benefits plan
for cove. red employees and their dependents.
• If the health benefits plan of they covered ehipioyer or tho city requires an initial period
• of employment'for a new.erripioyee•to be eligible forhealth benefits (eligibility period) the living
wage provicionrequirements of this division shall be .deemed to behave :been .complied with
• during. the eligibility period, provided the covered employer or tho .city commences to pay athe . •
• applicable living wage rate without health 'benefits of not lose than $081 an. hour, effective as of
• the date of hire of the .covered employee.
Upon cornpletion Of the eligibility period, and provided the new employee will be
`provided 'health benefits, a covered employer may commence to pay the ; aa--"� -vim.
sealeapoiicabie living wage rate with health benefits. •
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Proof of the provsion of heaith benefits must be submtted to the warthng authoritycity's
procurement 'director to qualify for the wage rate for employees with health benefits. .
. Annual Open Enrollment/Election.of Benefits If a covered . .emplovee is
• beinqpaid the hourly living wage ratewith health benefits and .elects, during such period of time •
• (but no 'less than once during the. covered ernplover`s. <fiscal near) 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 ernployer.'.s health benefits plan. then -
• 'notwithstandingthe . covered :employer's continuing to offer a health benefits plan to employees •
the covered :employee :(electinq`:out. of coverage during the annual enrollment.p erod) shall, r by •
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.the next pay period: •be paid the appiica.ble hourly `living wage rate without health benefits. The
covered employer in its reasonable judgment and discretion, determine the length of time •
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Using the proposed :three (3) year phase -in, commencing with city fiscal year (October 1, .
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2010), the living wage rate will be 310.16 /hr. with health benefits: and 311.4l/hr without benefits;
commencing with city fiscal year 2011 -12 (October 1, 2011). the living wage rate will be'310.72 /hr with
- health benefits, and x without benefits: and commencing with city fiscal year 2012-13 (October 1,
• 2012), the iivinq wage rate will be $11:28 /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). commencina with city fiscal
year 2010-11 (October 1. 2010). the health benefits rate will be at least 31.25/hr; 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 31.64/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.
(ds) Indexing. The living wage rate and health care benefits rate willmay, by resolution
of the city commission be aLitematieally indexed each-- yearannually for inflation using the. Miami
PMSA Consumer Price Index for alt Urban Consumers (CPI -U) Miami /Ft. Lauderdale, issued by
• the U.S. Department of Labor s Bureau of Labor Statistics. unlccc the 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 (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 samcthc CPI IJ /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') uninclexed 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 "catch-up" election
must be approved by resolution, and may only be cons idered during the - city commission's
review and approval of the city's annual operating budget.
(e4) Certification required before payment: Any and alt contracts for covered services
shallrnay be voidable, and no funds may be released, unless prior to :entering any agreement
with the city for a covered :services contract, the loyerservice 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 orovided and the city department the contract will serve;
(3) A briof dcccription of the projec. ct or:ccrvicc provided;
(43) A statement of the wage ievels'for all employees; and
(4±1 A commitment to pay all covered employees the 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.
E .(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 than employee within a reasonable time
after a request to.do:so. Posting requirements will riot 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 $88
dollars )NOTE: 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 regularly receives tips or
gratuities (hereinafter "tips") as part of his /her pay, .:a covered employer will be exempt from,
payment.of'the.applicat le 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 Fair Labor Standards Act (FLSA):
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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 employerr shall be solely responsible for assuring that all .tipped
covered employees meet the eliaibility requirements for the tip credit under the
FLSA:
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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
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 - shaeare solicited on or after the effective date of this division. The procurement
specifications = - - - - _ . - - - - 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 dictri.butod. All requests for bids or rcquectc for: propocaloprocuremerit
specifications for city covered services contracts shall include
• appropriate information about the requirements of this division.
(ell) Maintenance of payroll records. E ach covered employer shall maintain .payrolls for
all covered employees and basic records relating thereto and shall preserve there for a period
of three (3) years or the term Of the covered services contract, whichever is greater. The records
shall contain:
CO 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.
(4) 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(c) for covered ccrviccc for
one payroll period. Upon request from the city, the .covered :employer shall produce fa
incpoction. 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
employees, agents, or rcprecontativec to observe work being performed at, in on the project
or matter for which the -covered services contract was issued. The city
ropresentativcc 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 e -applied to him or her and that athe cervicc contractorcovered
employer, .ef -the city, is or was not complying with the requirements of this
division has a right to file .a-an administrative :complaint with the p cement
director of the city's procurement director. Any individual or entity may also file as
complaint with the procurement director of the city on behalf of covered
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• 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..
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(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 fled by personal delivery, ordinary mail. or certified mail, addressed to
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the :city's procurement director may be mado at any time and shall be
investigated within 30 days by the ci 1 _ - - - - - written content of the employes to ho.extchrit allowed by the Florida Statutes.
e-- _r entity may also filo .a complaint with the .procurement
director of the city on behalf of an employee for invoctigation by the city.
(x43) It shall be the rocponsibility 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..
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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
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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 . investigate all
allegations of violations in connection therewith and forward to the city manager
a written summary of the .investigation of this division within 3860 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, 4tthe city shall, within teathirty (30) working days of :a
finding of noncompliance, .issue .a notice of corrective action, in writing, afto the
respondent, epr 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) tf a espnndent ' fails to comply with any or all of the
resolutions for the identified violations, within the deadlines provided in the
notice,— ss ed, the city manager : - - - '. - - - - may issue an
order, in writing, to the .service contra:ctorrespondent, by, certified mail or hand
delivery, notifying the :cIVicc contractorresoondent 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, which date shall be not lecf than five days after service thereof. A copy of
the order shall also be sent to the. complainant by certified snail 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). •
( The hearing proceedings shall be informal, butand shall afford the corvicc
centrespondent the right to testify in his /her the ccrvicc contractor's own
defense, present witnesses, be represented by counsel, submit relevant .
evidence, cross examine witnesses, and object to evidence.
1510 The proceedings shall be recorded and :minutes kept by the city. Any.
ccfvicc .contractorresoondent requiring verbatim minutes for judicial review may
arrange for the services of a ,court reporter at the expense of the .service
cont•acterrespondent.
(611) Within ten days ofUpon the close of the hearing, the ;city manage; or the
special mastercity manager's dosignoc, shall render a decision in writing
• determining whether or not the espnndent 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.
• .(712) The city manage; or the city..manogor'c dos.gncc shall file findings with
+tip city cteFk and shall send a true and correct copy of 4isthe order by certified
mail, return receipt requested, or by hand delivery, to the
- - . - - _ - _ - respondent and complainant.
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• ((13) The city rnanagor's or special master'sdesigoeels.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.
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• (914) if a ccrvicc contractorrespondent fails to seek timely appellate review of
an order of 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 c rcovered .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 -forth in section 2-410(b)this
division, : but not in addition to such procedure, bring an action to enforce the provisions of this
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division by filing suit against the covered employer in any court of competent jurisdiction-to
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ate- 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
losses they suffered by reason of not receiving their wage at the time itwas due and in order to •
deter future noncompliance by the covered errmoloyer. The .applicable statute of limitations for
such a claim will be two (2) years as provided in -€- 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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(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
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effloloa rccontractor's expense for each the affected covered employee and mayalsoasses&
the4ollowingtake the following .actions:
(1) The city may impose .damages,, in the cure. of $500.00 for each week 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 er--teFizaioate payment under the covered services
• contract and /or terminate the contract with the service: contractor; .and /or
(3) The city may declare the emialoyeffiervice contractor ineligible for future
service contracts for up to three (3) years or until all penalties and restitution
havehas 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 shall be
' ' principal officers of ar. cmpioycr who violated this divicion.
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In order to compensate the city for the costs of investigating •anti
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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.
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(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(aci) shall also
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apply to any party or parties aiding and abetting in any violation of this division,
(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, e" . - ' -- under
this division or ,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 af 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 itt proceedings or using any civil rornodios to cnforcc hic'or
#her -- rights and :r Chic division. Allegations of retaliation or discrimination, if found true in a
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 other roliof 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 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
1 books, papers, records, and documents Las the case may be.- is relevant or necessary for such
hearings, investigations or proceediings, may issue an order requiring the attendance or
1 testimony of such witnesses or the production of such documents, and any violation of the
• court's 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 lonoer 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 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.
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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.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption. •
PASSED and ADOPTED this f7 day of a , 2010. "
ATTEST:
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1 izt4citt}
MAYOR
CITY CLERK
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F:latto\AGUR`RESOS- ORDU:.iving Wage Ordinance-Amendment (Second Reading 6- 9- 110).docx
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APPROVED AS TO
FORM _& LANGUAGE
. &FOR` EXECUTION
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. ms Date
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