Amendment 1 - Metro Trucking Co. C, F 5/ yloq.
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AMENDMENT 'NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA .
AND
METRO TRUCKING CO., INC.
CONTRACT NO 35- 08/09, DATED OCTOBER 26, 2009,
FOR REMOVAL AND DISPOSAL OF CONSTRUCTION
DEBRIS AND ASPHALT
This Amendment No. ,,1 tq th e Contract is made and entered into this
BEA� day of �Q-- 2010, by and between the CITY OF. MIAMI
orida (City), and METRO TRUCKING CO., INC. (Contractor).
WHEREAS, the City and. Contractor enter into a Contract for the Removal and
Disposal and Disposal of Construction Debris and Asphalt, on, October 26, 2009,
pursuant to Invitation to Bid (ITB) No. 35 -08/09 (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 2408 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 Metro Trucking.doc
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
B ditAk
City Clerk Ci M:n ger 41111PIV
1l= 9 - - w /1- 9 - 10
Date Date
FOR CONTRACTOR: METRO TRUCKING CO., INC i.
ATTEST:
By
c.e
-'Secretary/ - ��Ire ht
Print Name Print am-
/ / � .
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FON EXECUTION
- rney a
F:\PURC \$ ALL \Cristina \Contract Amendments- Living Wage\AMENDMENT Metro Trucking.doc
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EXHIBIT A
ORDINANCE N0. 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;arnended as follows:
DIVISION 6. LIVING WAGE REQUIREMENTS FOR , SERVICE CONTRACTS AND -CITY
EMPLOYEES
Sec. 2407. Definitions.
. City means the government of Miami Beach or any authorized agents, any board,
ag ency ; commission, department, or other entity thereof, or any successor thereto.
Covered employee means anyone employed by the city or any service contractor, as
I further defined in: this division; either full or part time, as an empioyee _ with or without benefits
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(1 Florida Statutes, as
may be amended from time to. time.
: Service contractor is any individual, businocc cntity, corporation (whether for profit or
not for profit), partnership, limited liability company, joint venture, or similarother business- entity
who is conducting business in Miami Beach, or Miami Dade :County, and who is eithermeets
no of tho two following criteria: ,
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-(1)Thc sorvice contractor is: •
3:1. I<?Qaid.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
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engaged in the business of, or part of a contract to provide, or a
subcontract to provide, or Imilarly situated to provide, services, eitheF
for the benefit of the city. However, this does not
apply to contracts related primarily 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
$1OO,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,
( Ito refuse removal, 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; .
g. Landscaping, lawn, and or agricultural services ;: and
h. Park and public plaeeoroperty 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 : service contractor, such services: shall
be covered services subject.to`this division:
Sec. 2-408. Living wage.
(a) Living wage paid.
{1 ) Service contractors. Al4Any service contractor., _
entering into :a covered services contract with the city shalt pay to all its
employees who provide services covered by this division, a living wage of no Tess
than " 11.28 an hour with health :benefits, or a living wage of not less than
$5-1- 12:92 an hour without. health benefit . , - =- - = _: °- - _ -
(2) Phase inCify ornployooc. Effective October 1. 2010, the living :wage in
,subsection (a) will be implemented on a For city employees under the city pay
plan, -the .city will "ice to pair a living - - - - _ - - - -
of thic 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 .sitycovered employees in the 2003: 2001201 2 -2013
city budget year- ac may be adjusted pursuant to subccction. (c) below.
Thereafter, tho living wago to be paid by the city to itc omployocc shall not be
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(b). Health benefits; eligibility period. For a covered employer or the city to comply with •
): the living wage. pravisiahreguirements 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 $4-241:64 per hour toward' the : provision of :a health benefits plan
for covered employees and their dependents.
If the health benefits plan of tea covered :employer or tho city requires an initial period
of employment for a new employee to be eligible for health benefits (eligibility period) the living •
wage jaFevisiaRrequirements of this division shall: be :deemed to behave been :complied with
during the eligibility period provided the covered employer or thc city commences to pay tithe •
applicable living wage rate without health benefits of not loss than $0.81 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 ge .
seateapplicable living wage rate with health benefits.
Proof of the provision of health benefits must be submitted to the - _' ity'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 less 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 :employer's 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
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 $11.41/hr without benefits;
commencing with city fiscal year 2011 -12 (October 1, 2011). the living wade rate will be 510.72 /hr with
health .benefits; and x without benefits: and commencing with :city fiscal year 2012 -13 (October 1
2012), the living wage rate will be 311.28/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), 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 31.45/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,
(Lis) Indexing. The living wage rate and healthcare benefits rate willmay, by resolution
of the city commission be sm•tisally indexed east annually 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. - • • _
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 same * "n, ;-4 (in .a particular year l. 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 year&) 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 catch -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.
(ad) Certification required before payment. Any and all contracts for covered services
shallmay be voidable, and no funds may be released, unless prior to entering any agreement -
with the city fora covered services contract, the employeFservice 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::
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(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;
(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• 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.
(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 erriployees, 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 $8.:56
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.
{ham) 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 seas
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 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 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
5. The covered employee's tips plus direct hourly wage cornbined.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 - - - - -e e covered services contracts on which bids or
proposals shall-be solicited on or after the effective date of this division. The procurement
specifications e -ee -=".-=- -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 dictributod. All roquestc for bidc or requectc for propoccloprocurement
specifications for city covered services contracts af—$400 shall include
appropriate information about the requirements of this division.
(a1:2) 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 infonnation this division should require from time to time
(42) 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 cCryiccc for
one payroll period. Upon request from the city, the covered employer shall produce fa;
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 Compliance and enforcement.
(a) Service contractor to cooperate. The service contractor shall permit the dity
e e "=-, -e" - "-=' - to observe work being performed at in on the project
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or matter for which the - - • - - - - - - -covered services contract was issued. The city
roprocentativec 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.
(b) Complaint procedures and sanctions.
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(1) AR covered employee, or former covered employee, who believes that this
division applies er- applied to hirri or her and that athc service contractorcovered
employer, .or the :city., is or was not complying with the requirements of this
division, has a right to file a-an administrative complaint with the preewement
director of the 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 filed by personal delivery, ordinary mail, or certified mail, addressed to
the :city's procurement director may be made at any time- and chall be
2) Any individual or entity ;:may also file a complaint with the procurement
director of thc city on behalf of an employee for'invoctigation by thc city.
(43) It shall be the rospon .ibility 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 :miinimurn, a separate and specific response to each and every particular of
• the complaint. or a denial of any knowledge or information thereof: sufficient to
farm a belief. Any allegation of the complaint which is not de nied 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 3960 days after the
complaint is filed. lf, at any time tho 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, the city shall, within tethirty (30) working days of a
finding of noncompliance, issue :a :notice of corrective action; in writing, a€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 contractorr .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 docigncc may issue an •
order. in writing, to the ccrrico contractorrespondent, by certified mail or hand '
delivery notifying the ccrvicc contractorrespondent to appear at an
administrative hearing before the city manager or the city,inanagcr'e dccignec
one of the city's sitting special masters. to be held at a time to be fixed in such
order, - e- - - - - - - - - - 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, utand shall . afford the :corvicc
se eterrespondent the right to testify in his /her tho ccrvicc contractor's own
defense, present witnesses, be represented by counsel, submit relevant
evidence, cross examine witnesses, and object to evidence.
(510) The proceedings, shall be recorded and minutes kept by the city. Any
ccrvicc contractorrespondent requiring verbatim minutes for judicial review may.
arrange for the services of a court reporter at the expense of the serviee
sent respondent. -
(611) Within ton days ofUpon the close of the hearing, the city manager or the
special mastercity manager'c docignoo, shall render a decision in writing
determining whether or not the contractorrespondent 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 manager or the city manager's designee shall file findings with
€. city cler -k-and shall send a true and correct copy of € the order by certified
mail, return receipt requested, or by hand delivery, to the
the Dervicc contractor shall designate in writingrespondent and complainant.
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• (413) The city manager's or special master'sdeeignee'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. -
(g14) If a ccrvicc contractorrespondent fails to seek timely appellate review of
an order of the city manager or tho 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).
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(c) Private right of action against sorvicc contractorcovered 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-f9414 in section 2- 410(b)this
divicion,.but not in addition to such procedure, bring an .action to enforce the provisions of this
division by filing suit against the covered employer in any court of competent jurisdiction-4e
arrests: 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 1=: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 cour} may
service contractor is found': to have violated :this 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
estisloyer-scontractors expense for seal; the affected covered employee and may alsoaccess
the-fotlewi€agtake the following .actions:
(1) The city may impose damages, in the sum of $500.00 for oach wool 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 ar ter-r iaate payment under the covered services
contract and/or terminate the contract with the service contractor; .and/or
(3) The city may declare the emptoyerserviice contractor ineligible for future
service contracts for up to three (3) years or until all penaltioc 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 - - -
principal officcrc of an employer who violated this division.
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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. AU such sanctions recommended or imposed shall be a
matter of public record.
1 (f) Sanctions for aiding and abetting. The sanct ions in section 2- 410(�_) 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 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 othcrwi c accorting tic or her rights 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 (g) 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 plating; in any cif its procccdingc or using any civil romodios to enforce hic or
her rights under this divicion. Allegations of retaliation or discrimination, if found true, in a •
proceeding undor :paragraph (b) or by a court of competent jurisdiction undor 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 roliof ao
(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- (as the case may bed 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
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 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 .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 intentionof 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 .rnay.be renumbered or
reletteredto.accomplish such intention, and the word "ordinance" may be changed to "section", .
"article," or other appropriate word.
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SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 97 day. of J' .. , 2010.
ATTEST: •
d '' -''
MAYOR
CITY CLERK
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• Fltatto\AGUR \RESOS- ORDltiving Wage Ordinance - Amendment (Second Reading 6- 9- 10).docx
APPROVED AS TO
FORM & LANGUAGE
` &FOR'EXECUTION
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