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Amendment 1 - Diamond Contract Services t AMENDMENT NO. 1 TO THE CONTRACT BETWEEN, THE CITY OF MIAMI- BEACH, FLORIDA AND DIAMOND CONTRACT SERVICES, INC. CONTRACT NO. 04- 07/08, DATED OCTOBER 1, 2008 FOR .JANITORIAL SERVICES This Amendment No. 1 tQ the above subject Contract is made and entered into this' day of 2010, by -. and between the CITY OF MIAMI BEACH, Florida (City), and DIAMOND CONTRACT 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 (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) ;a WHEREAS, - the primary purpose of the amendment to the: Ordinance was to adjust and increase the hourly riving wage rate paid -by , service contractors covered under the Ordinance to their covered employees; with the proposed increases to be phased in over a three year period,. commencing on October 1, 2010; , and WHEREAS, the amendment to the Ordinance also amended the definition of. "health benefits" to define the type of health benefits plan service contractors would, be required to offer their covered employees "in order to be eligible to pay the (lower) hourly living wage rate (with health benefits);and WHEREAS, the amendment to the Ordinance now also provides that .the covered employee may elect, during an annual open, enrollment period to be established by the employer, whether or not to take part in the health benefits plan offered by the employer and, should the employee elect to opt out and not receive the coverage, then the employee shall be paid the higher hourly living wage rate (without health benefits); and WHEREAS, in order to assure that covered service contractors doing business with the City- continue to comply with. the provisions of the Ordinance, as amended, it is necessary to amend all the current. contracts between the City and service contractors subject to and covered by the provisions of the Ordinance; and WHEREAS, at its meeting on, September 20, 2010, the Mayor and City Commission -adopted Resolution No. .2010- 27514, authorizing the City Manager to amend said contracts, to the extent required to bring them into compliance with the Ordinance, as amended. NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency -of which are hereby acknowledged, the parties_ hereto agree as follows: 1. The above recitals are. true and correct and incorporated hereto by reference. 2. Pursuant to Section 2 -408 of the Miami Beach City Code, as .,same may be amended from time to time, service contractors shall be required to pay all employees who.provide services pursuant to this Contract, the hourly living�wage rates based on the following three (3) year phase -in approach: • Commencing with City - fiscal, year 2010 -11 - (October 1, 2010), the hourly living _wage rate will be $10.16/hr., with health benefits, and $11.41/hr without benefits; • Commencing with City fiscal year 2011 -12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits,, and $12.17/hr without benefits; and • Commencing with City fiscal year 2012 -13 (October 1, 2012); the hourly Iivin rate will be $11.28/hr with health 'benefits, and $12.92/hr without benefits. 3. Effective October 1, 2010 through 'Se ptem ber 30, 2011 the annual contract amount is changed from $197,969.76, to $220,293,:79- which repre a total annual contract increase of no more than $22,324:03. 4. Effective - October 1, 2011 through. September 30, 2012 the annual contract. amount is changed from $220,293.79, to $230,897.70, which represents a total`" annual contract increase of no more than $10,603.91. 5 Effective October 1; 2012 through September 30; - 2013 the annual contract amount is changed from $230,897.70, to $241,362.09, which represents a total. annual contract increase of no more than $1.0 - 6. Except as amended herein., all other terms and conditions of the Contract shall remain in full force and effect. r [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] { F:\PURC \$ALL \Cristina \Contract Amendments - Living Wage \Janitorial\AMENDMENT Diamond.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: By. .. City Clerk Ci M bate Date, FOR CONTRACTOR DIAMOND CONTRACT SERVICES, INC.' ATTEST: By. Se etary Presiden Print Name Pri t Name In C Date Date APPROVED, AS TO FORM & LANGUAGE ts FOR EXECUTION it Attorne Date F:\PURC \$ALL \Cristina \Contract Amendments - Living. Wage \J anitorial\AMENDMENT Diamond.doc EXHIBIT A ( 201 D -368 • . :OR.DINANC.E'NO. .. AN, JRDINA ICE OF THE MAYOR AND CITY Cott MISSION t3F THE CITY MIAMI: BEACH, FLC}RIL3A, AMENDII G CHAPTER 2 'GF T HE CITY CODE, :ENTITLED,: ADMINISTRATION;" . BY, I�tIEIiII IN ARTICLE E fl THEREOF ENTITLED,. ""ROC REMENT" ,; 'BY AMENDING DIVISION 4 ENTITLED LIVING .WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY E[11tiP'Lt YEES:' , S ECTION-S-2-407' , 'THROUGH .2-�. � . THEREIN; AML} PROVIDING FURTHER. FOR C0 IFIC.AT.ION.i :SE1i<ER,4BlLITY; AND AN EFFECTIVE DATE. N0W THEREF0RE, BE I7 ORPA.INED BY THE MAYOR AND :CITY COMMISSION 0F TIDE CITY , OF MIAMI. BEACH FLORIDA SECTIO , That :Chapter 2 ...Article tti iv sign $i :Sections 2=4.07 through 2-410' of the Code of the City of lwlllam Beach, - F.Iotida,,. °is hereby amende -d as follows; DIVISION 6 LIVING WAGE RE UIREM.ENT'S FOR SERVICE CON TRA+CT$ AND EMPL:CY.EES Sec4L17. Dfinitlors, . y goernrnent o¢ - _ i�it .rnea s the plaint Beach . or , zny :authorized :agents, any baardT agency commissi rtepartrrrent, or:oth�er entity <tEzereof, or any successcr thereto: covered em means anyone employed by. the city :or zany `service contractor; as further :defined in th division, either full 'car part'tlrrae, :as an ernplpyee_ .with or , i ithout ben.ef"rts . Covered employer means. the arty and arty and a ll :service contractors, vsrhethier contracting directly or `indirectly With the city, and subcontractors ofa..scrv ice`contractor. Health bene��ts shall. at a' minimum. , mean health insurance coverage which consists � wellness and' preventive care includin rnaternit. , and that meets the re uiremerifs of a :` health 'benefit: p lan" as defined i n S.tibsectian .F27.6fi99(12�(b)L4) Florida Statutes as may. be-ame'rided frorn time to. time. Service contractor is oily individual, bosipessr, -=er#4y, - corporation (whether for profit. or not for profit, partnership,. limited liability company;, joint venture, or simil other business: whc is conducting business in Miami Beach, and 1n€ho is `eitlleri s a= ?uai l in whale or,park from one or more of the city's :general fundr capital project fields special revenue funds e P P J. P _ , .or any oth.,r .funds, eith ` > Whether b coin etitive bid process, informal bids y p p , , requests for'. proposals, some form of - solicitation, negotiation or agreement.; dr any otherdecision to enter - into a contract; or den a e d in 'the business of or art of, a con tract to rov ide ; , a� �a.. . _ g 9 P p 'subcontract to provide, AjFPG�y €or the benefit of the city, However; this does not apply'to:dontracts related pftar iy'to the sale of products or goods.. Covered services are the type of services purchased by the city :that are s.ubject.to the requirements of this division Which include , fcillowing: City .service contracts. G�ontracts involving the city's: expenditure of` fiver 100,000.00.per year and which include the:fvl4:i ring ty es .of services: a. Food preparation' and/or distribution;' b. . Security services; i� _ t�3 if itF Ite, 1 Ice sel vrk- +s. such as t'4at.istVC{i i.� `Vle.rin il:7g, - scar- ei�. refuse :removal, repair, refriisning aria raGycling; d. clerical: or other riori :supervisory tsffce. vuork, temporary or permanent.,. e. Transportation anid parking .services- T+ /'tinting and reproduction servire �g. Landscaping, lawn, and oragricultural.services grid h. Park .and publicleAertyanteriance. 2 Should .an services . iricluded in subsection I (a:). -- (h) - that are. bei . �� y g performed `by city ernplayees at :the tirde this div ision _:is enacted. be.solcited in . the: i'uture by the city to :be,.performed .by ,a sarvtce coritracic c,. such services: chain be .hove .red :services subjectta this division: - ec.2 -408. Living- swage. (a) :irfi?g rage .pain. Service .contractors. AMnvservice contractor , , :entering into a covered services .. contract with the city shall. pay to. all its employees who provide services !covered b y this division, a luring wage of no less than " 1'1.28 an hour with health :benef :ts, or a living gage -of not. less than 12�g2: :an:;hour without. health :benefits, x. (2) Phase -lrr Effective .October 1, 20'10, the living wage in subsection (a) will be im0lemented on a phase -in basis beginning in the 8^��4 - 2 00 42010- 011 city budget year increasing on an annual basis incrementally so that the diving wage is fully implemented for covered employees in the x-083 -- - 2-904 201 , 2-201 city budget year ,. :(b). Health benefits, eligibifityperidd. For a covered erriployer -or the city to comply with the living .wpge,OFPYisi requirements of this diviner by choosing to pay the lower wage scale available When. a covered. employer also provides health benefts; such health benefts shall j consist of payment of at least. X :per'hou.r toward the :provision of.a health benefits flan for covered employees and :thei dependents. if the health .benefts plan of ##tea covered employer e -city requires an ihitial period of employment for a neuv- arriplt�yee to be eligible for health ;benefits eligibility period) the living wa g e requirements of this division shall m be :deemed to: behave been complied with . ����s� during the-eligibility per presvided the covered employers commences to pay the applicable living visage rafie without health benefits , effective as of . the_ date 'of the .covered employee: Upon completion at: the eligibility period, Ind provided the new employee will be provided health ber efrts, a covered e m ployer. m.sy com mence to pay the $8. s� apolicable livirig wade rake with health benefits 'PrOof ofthe,provition of :health benefits niust.be:% !§Ubm'ittedi'to:the . p.wardin§ erlthOR y City's prccuremen director to qua!'lfy forthe wage rate for em ployees with health.. benefits_ c Annual O eh Enrolirr ehME16cfibn.of Benefits- if a covered em to ee ' is : beinq.paid:the hoOrly living image rate with health benefits and elecfis, during such Qeriod of time but no less than once :during the covered ern iover's.:fscal y ear on which the covered em- mployer permits its ems la ees - an t oportunity to change their health benefits clan coverage hereinafter such election . eriod shall' be referred to as .the ' "annual ;o en enrollment period")* to no longe :coritinue .receiving coverage under the ernploiier's health benefits plan then h.otwithstandin f the..covered em to 's continuing to offer a health benefits lain to `errs to ees - the covered e n to ee elecfjh :out .of 'cove s e durin the annual.:enrr'ilment eriod shall: b the next a er od. 'be aid theta lica.ble hourl jiving wage rate without health benefits. The covered em. ployer `in its reasonable iudgment and discretion determine the'length of time Using the br000sed three (3) year phase -in commencing with city -fiscal ear +201 OA I (O=ber 1 2010: the Hying wage rate Will be $10.1 0 /hr. :with health benefits.. and $11.411hr Without benefits; commencing with city .fiscal year 2011 -12 f October t 2011) the Living wage rate will be 'SI 0.72/hr uffi health ' benefits, -:andS.12.17 without benefits:. and ' commencing with .ci fiscal ear 2.012 =13 (October 1 2012), the Wirig wage rate iyiil bt $112 81hr with health benefits and $ without benefits 2- U, in the . ra osed three (3 ) vear hale -in pursuant to Section 2-4Q8 2 commencin with city fiscal Mar 2010 - 11 (October 1. 2010): the health benefits rate will be at least $1 251hr, commencing with :clty fiscal year 2011 -12 October 1 2011. the health benefits rate will be at least $1.45/hr: and commencing with city fiscal year 20 12 -13 (October 1, `20'12 the health benefits rate will at least $11,641he 3 for the annual open enrollment ` eriod• ma re uire em to ees 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 emploVeeduting the rescribed`time of annual o en enrollment period. then the covered employer ma treat the covered emp loyee as havir7d elected to continue with the health p tan benefits coverage then in effect and. accordingly, may continrie to 12ay the covered employee the a licable hourl living wage rate,with health benefits. Lde) lnprexing. The :living .wage rate and health care benefits rate wilt may, by resolution of the: city commission be autematio indexed eas#- year annually for inflation using the Miami PMSA Consumer Price Index.foir all Urban Consumers (CPI -U) Miarmi /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 an rovided to unrepresented (i.e. unclassified) city employees. The city commission may also by resolution elect not to index the livin wage rate in any. articular year, if it determines it would not be fiscally sound. to implement sameth�0 lin .a particular yearj:. determinafiion to index ( ©r not lndeX ) the Wing wage rate -shall be considered annually during the city commission's review a nd approval of the city's annual operating budget. In the event that the city commission has determined., in any aarticular fiscal year (or ::ears) to not index the living wage rate, and thereafter determines that rnakin 'u all or -an part of. the prior +year °s (or gears') unindexed p ercentage would not ha an a dverse `fiscal - im act uu on the Cit `then the city commission shall also have the rig hit; but not the cbli atiin to cumulatively index the living rate to. "makes -ua' .for any deficiencies in the -year year (or ears ) -where there -was were) no increase °s the "catch u - h election The "datch -Up"Ir election must be approved by - resolution, and may only :be considered during the city commission's review and:approval of the city's anbual °operating budget. Cer# ca#io» required before pay - ent, Any and all corifracts for covered. services el rnay be void and no funds may be released, unless p rio r to .entering arty a greement with the dity:for a c vered services contract, the er service contractor certifies to the city that i :will, pay each of its covered employees no less than the living wage described in section 2 -4D8(a). A copy of :this :certificate must be made. available to the public upon request. The certificate, ai a `minimurn, must include the following: (1), The name, address aril .Phone num ber of :the covered err pl ©yer, a local contact Person, and the specific;project for -which the cove.red:services contract:is sought; (2). The :amount .of the -covered services contract a brief descritotion of the proiect or service orovided. and the city department tl7e- contract will sense, 43 A .statement of the wa e levels for all emplo'yees'; and {54) A commitment to ° all covered employees ti living wage, as ;defined by section .2 -408(a . and including: without -limitation. any annual indexes thereto fas provided in section 2- 408(d) . 4 fe) Observation Hof other laws. Event 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 agreerrient ). The covered - employer shall, pay covered employees wage rates in accordance with federal end. all other applicable laws such as:overtinr and similar wage laws. - (0 Posting. A coRY 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 -the covered 'erriployees_ and shall also be supplied to t4aah employee within a reasonable time after a request to do ..so: hosting 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 )months thereafter;' "You are required by City of Miami Beach law to be paid at least $8 dollars ,NOTE. Covered emr der to insect a' licable living wa a rate an lour. if you are not paid this hourly rate, contact yo e mployer, an attomey, or the City :of Miami B each." All notices Will be, printed in 'English, Spanish, and Creole. QN) Collective bar n Nothin n this division .shall he :read to :require or .authorize . ba g any covered employer to reduce -wages. set by a collective bargaining agreement or aas required under ,any prevailing wags law. ,.i Ti credit ex:pm firm. For. a covered employe w ho ialarl receives ti s or gratuities thereinafter "tips") as part of his /her poi a covered employer gill be exempt frori payment .of the applicable hourly living wade rate fQr such employee p reswided that the following `requirements are met; 11, . 1h order t6 for the ekce`'tion. the covered em to er must claim a 4 ti - credif' under the federal Fair Labor Standards Act F� LS D} ` 2. The exception shall only aog to covered .employees who receive - tips as art of their .compensation (i.e.. waiters. bartenders 'hostesses busboys. etc) 3. The covered em to er shall be soled ` res onsible - for. assurin that all .ti ed- covered ernnlarees meet the elaciiblity requirements for the tip credit under the FLSA; 4.. The covered em to er ma �onl - credit toward satisf4don of the a,pplicable hourly liyi wage r tips 11p to the maximum amount o f the allowable tit) credit; and 5. The covered' ern to ee's tips lus direct hourl . wa e combined must add u to at- least the applicable hourly living wade rate. llofiniithsfian:dind anything in this subsection tipped :covered emplo�tees mush receive at least applicable houL livin wa a rate when their direct wages and ti s are combined. I Sec. 2 -409. Imp emen tion. .(a) P roc urerneht specifications. The living. Wage shall be required in the procurement specifications, for all. � .. covered services contracts on which bids or proposals sly - e are solicited on 'or after the affective .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 grid compliance with 'this division upon request from the city. All :cove 'service contracts awarded :subsequent to the date when this becomes effective, shall be subject to the requirements .of this division. d�st 4bvte ll Y procureme s oecifications for cit covered services Contracts shall include appropriate infor 'a' t about the : regpi rem ents of this division. (s Maintenance of payroll records. Each covered employer ,shall maintain .payrolis for all covered employees sand basic records .relating, thereto= and $hall preserve them for a period , of three ,years orthe,term 6f the covered services contract, Whichever is., reater The records shall contain: (1). The `name and address of each covered' employee'.. (2) The job titl and classifPation (3) The number of hours worked each day; The gross wages earned and deductions made; (5.) .Annual wages paid; (6) A copy of'the :socia:l security: returns and - evidence.of payment thereof; (7) A record of fringe benefit pa. .yment' including contributt.ans to approved plan; and (8 } .Anv other data or Iriformation this, division should require from time to time. ( F2portr payroll Every fqL onths, the covered employer -shall file with the city's -. Procurement director a complete payroll showing the covered employer`s payroll records for :each covered eri ployee working on. -the covered .services contra for one payroll period. Upon request from the city., the c overed :employer shall produoe its : payroli records for airy or all of its ,covered employees for any :period cohered by the covered services contract. The city, may examine insect. -and/or copy such payroll records as needed to.ensure compliarice with the requirement of this division 'Sec. 2 - 41.0: Compliance and enforcement. (a). Service contractor to co The service contractor :shall permit :the .. City to. observe work being - performed at in _or on the project or matter for-which the covered services coritract •was issued The city e^a n rea se i#atiye s may examine the books and records of the service > contractor relating to the .. ........ .... ... .. .... .._ .. . ..... . . . . . ...... ........ . . ...... ._ ......... _........ ....... _ ..._ employment and payroll to determine if the service contractor is in compliance with the :provisions at this division. (b} Complaint procedures and sanctions: (T) An covered employee or former covered employee. who believes that this division a lies ed to hire or lien and that covered . ply -t e m ployer , its is 9- was not. complying with the requirements of this division, has aright to file :a- administrative complaint with - the sl e�Aia ' #bf e city procurement director. Any individual or entity may also file a . complaint with the procurement director of the city on behalf o f covered em to ee - for .investi ati.on . by the cit '(2) . Complaints by empl oyees of alleged violations shall be made in writing within one 1 wear 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 o e (1) year after the. alle violation ractice occurred.. (3) The complaint shall be signed by the person making the complaint (hereinafter, the "complainant) and., if the complainant is n.ot the covered emmoyee.. 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 ofthe covered e:rn Io er :a ainst whom - the complaint is 'bein made thereinafter, the . "respondent"); the facts upon which the complaint is based., and such other information as ma be required b the city. The comp laint : maybe filled by personal delivery, 'ordinaL mail. or certified mail, addressed to the :city's :procurernert director the iGit � s; Pin 43 The :cifiy procurement director shall notify the :.covered employer named iii the complaint the "respondent "), by providing the em to er with a co -.of the complaint b certified: mail or 12 ersonal delive Within thirty (34)' :wo �king days after a copy of the . complaint has been served UP on the resp ondent by the procurement director. respondent may file an answer thereto. If :an :answer is fled. the answer shall be in writing and contain, at:a minimum a. separate and s ecific response to each and every p articular of the. complaint or a denial of any knowledge or 'information thereof: sufficient to form :a belief, Any allegation of the com faint 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 com lainant. - 1f the - resl2ondent elects not to answer the complaint. then the matter shall proceed on the evidence in.. support of the complaint. 7 �6) Whenever a verified written complaint is filed nurse ant to this division the p rocurement director shall- make a prompt investigation of G irwa +i. ate all allegations of violations in connection ther e with and forward to, the city manager a written summary of the investigation of this iv+ within 3960 days after the complaint is fled 1f, , upon his/her review of the . c omplaint. answer (if filed). and investigations the cify roam er determines that a violation :of this division - has occurred, b2 city shall, Within taa thirty L101working days of a finding of noncompliance', :issue a notice of corrective action in writind� Ito the respondent, t, e pk) specifying all areas of noncompliance and deadlines for resolutions of the identified violations. - copy of the city manaraer's notice of corrective` action shall be sent to. the complainant and the respondent .by certified mail, return :rece pt requested, or 'by hand delivery. if a espcnden# fails to cornpfy with any or all of the :resolutions for the% identified violations within the deadlines pro idzd in the notice,, -ipso, the city manager may issue an - -order, in writing, to the s4p.AGe GentraGwresponden by certified mail or hand delivery, notifying - the respondent to' appear at an adrntrtistrative heariryg before the pity masager a; th 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:corhl2lainant.b y certified mail or hand delive :6 The city manager shad also. proVide a written report to the cit _commission informinq them of the complaint, which report shall include a brief summary of the facts at issue the results of the ci 's investigation, and the+ recommended administrative disposition of the complaint (inciudina ariv findinc bf - -honcom liance and subsequent recommendation for corrective action). : (A9. The hearing : proceedings shall be informal and shall afford the ise n#asta . espondent .the right to' testify in his/her 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 respondent requiring verbatim minutes f6r judicial review may . arrange for the, services of a :court -reporter :at the expense of the spice cs ast9F resPbndent . ' 1) lahi iM iPM 0a Uoon the close .of the hearing, the Gi+ m special master shall render a - decision in writing a dete.rrnining vuhether or not t(e esponderit is in coc»p.iiarice or whether other action should ` be take z: or whether the` matter should be: continued, as tho case may be 7 - and stating the reasons-and; findings: of fact (; 'i:2 , The city r . 4l R e gity glen .nod :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 �kl3 The si _} ty--ags- a special master' 1 shall constitute the final administrative action of the cit for purposes cif judicial r eview under state law: An .aggrieved party, including the pity administration may appeal a finial 'administrative order of a special master to the circuit cou in accordance with Section 30-77 hereof. x'14 If a re y pp spondent faits to seed tirnel a ellatg review of an order of the .. -s ems, eial master maoage� `s to comply timely with such order,. the city. may: pursue the en f orc ement of sanctiorit set forth in section .241 O(c). (c) Private right of Faction against covered errr Jo er. Any covered employee of'or covered employee of a service Goritractor, instead` of but not* in addition to.. , -' -utilizing the sib - administrative complaint procedures :sett in . section 2-41 O {b}t#is , bring an :action to enforce the provisions of this division by - filing suit against 'the covered employer in any court of competent jurisdiction - > , and. G6str Upon a -fndin by a court of competent Jurisdiction that a covered e'm to er unlawfully withheld wages `under tEais division. such covered .ernployee shall be entitled to an award of un aid or under aid wa es to reasonable costs and attorneys fees and-An addition to liquidated darnages in a sum equal to twice the amount of gages the :covered employer is found to, have' unlawfully withheld in order to corn ensate the covered employee for the eco losses they - suffered bar reason. of not receiving their wage at the time .it-was due and in order to deter future ncincom 'Hance by the covered em to er. The applicable statute of limitations for such a claim will be two .12hyears ,: as :provided in.-1 =.S. § ection "l (4 ){.e ).:Florida Statutes as - t - �,a .rte, „ r,, same may be amended 'from time .to `time_, far 'an :action for payment of wages. . . tA tA6 p9veFeGl empi pyee.,ifi-the s Sanctions .'a ainst service contra.ctors. violations -of this division. the cit shall �d} � y :sanction a service contractor by requiring the service contractor `td pay wage restitution at :the s contractor 's expense for eaah he affected co' vered' .employee and may also tie -foal take 'the following actions (1) The :city :rnay inipose damages, for each week that the covered :employee was found to have not been paid in. accordance with this division; andlor (2) The c may :suspend aF teF inn }n payment under :the covered services cc Aradt� andl terminate the contract with the .service contractor; .and /or `(3) `The city may declare the emoie service contractor ineligible for future service contracts for �o three ) years or until all p aRa'� restitution have has been . paid in full to the covered employee and all penalties (lf any) .paid: to the city whichever is longer: and/or I n aciditie al aMplpye m ri , hall he 9 r SECTION 2. SEVERABIi ITY. 7f .any section., sentence., clause or phrase ref this .ordinance is held to :be invalid or unconstltutional byany court of competent jurisdiction, then said.'holding ; shall in no gray affect. the validity the rernain.ing portions of this ordinance. SECTION 1. CODIFICATION. It is the intention of the Mayor and. City Commission ofithe.City of Miami Beach, and it is hereby ordained that the :provisions of this ordinance shall become and be made a part of the -Coale of .the City of Miami .Beach, Florida. The sebtions of this ordinance maybe renumbered or r>"lettered to accomplish such intention, and the 'word ►`oriinarce" may be changed to "section''; . "article or other :appropriate Word: ` SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect ten..days:fpltowing adoption. PASSED ;and ADOPTED this Aay. of ATTEST: - MAYOR CI` Y CLERK > atto\AGL MRESaS- ORDUVing Wage 0- rdinance- Amendment tSecond`Aeading 6- 9- 19).docx APPROVED AS T FORM &`I ANGUAGE UTION VAMM e ate .. 11