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Amendment 2 AMENDMENT NO 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND GLOBAL SPECTRUM, L.P. CONTRACT NO. 20= 07/08, DATED OCTOBER 1, 2008, FOR THE MIAMI BEACH CONVENTION CENTER, COLONY THEATRE, AND BYRON CARLYLE THEATER This Amendment No-. 1 to the above subject Agreement , is made and entered into this 1 day of 2010, by and between the CITY OF MIAMI BEACH, Florida (City), and GLOBAL SPECTRUM, L.P. (Contractor). WHEREAS, the. City. and Contractor enter into an Agreement for the Miami Beach . Convention Center, Colony Theatre, and Byron Carlyle Theater, on October 1, 2008; pursuant to Request for Proposals (:RFP). No. 20 -07/08 (the .Agreement); and WHEREAS, the Agreement is subject to the City's Living Wage. Ordinance (as described below); and WHEREAS, at its meeting on June 9, 2010,. the Mayor and City Commission adopted Ordinance No. 2010 -3682 (which Ordinance, is attached as Exhibit "A" hereto), amending- certain provisions of the City's Living Wage Ordinance, as codified in Sections 2 -407 through 2 -410 of the City Code (the Ordinance);and WHEREAS, the primary purpose of the amendment 10 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 empl 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 Agreements, to the extent required to bring them into compliance with the Ordinance, as amended. .. r NOW THEREF • ORE, for and in consideration of Ahe conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 The above recitals are true and correct and incorporated hereto by reference. 2. Pursuant to Section 2 -408 of - the Miami Beach 'City Code, as same may be amended from. time to time, service contractors shall be required to pay all employees who provide services pursuant to.this Agreement, the hourly living wage rates based on the following three (3)�year phase -in approach: • , Commencing with City fiscal year 2010 -11 (October 1, 2010), the hourly living wage rate will be $10.16/hr. with health benefits. and- $11.41 /hr Without benefits; • Commencing with City fiscal year 2011 -12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and Commencing with City fiscal year 2012 -13 (October 1, 2012); -the hourly living rate will be $11.28/hr. with health benefits, and $12.92/hr without benefits. 3. Except. as amended herein, all other terms and. conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of.the date first entered above. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] F:TURC \$ALL \Cristina \Contract Amendments- Living Wage \AMENDMENT Global Spectrum:doc _ FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: City Clerk ;ty ana r Date Date FOR CONTRACTOR GLOBAL SPECTRUM, L.P. ATTEST: By: Secr �ry Presi n ' 1 e y et i Print ame Print Jame Date Date APPROVED AS TO FO & LANGUAGE F CUTION ttorne ate F: \PURC \$ALL \Cristina \Contract Amendments- Living Wage \AMENDMENT. Global Spectrum.doc EXHIBIT A :ORDINANCE NO. 2010 -3682 AN. ORDINANCE' OF THE MAYOR AND CITY COIU MISSioN. CAF THE CITY OF I IIAi I EA I-I, FLORIDA, AMENDING CHAPTER 2 OF TIDE CITE CODE, ENTITLED,: "ADMINISTRATION,;" BY AMEND NO ARTIC LE 1rI THEREOF ENTITLED, "PROCUREMENT " BY AMENDING DIVISION .6: ENTITLED - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES: ", SECTIGNS.2.407 THROUGH 2-4.10 THEREIN; AND PROVIDING FURTHER FOlk COD' :SE , ERA8IL.ITYr AND AN' EFFECTIVE Id:OW, THEREFORE, BE: IT ORDAINED BY THE MAYOR AND ::CITY CrJMNCISSION OF: THE CITY CF WAMI BEACH, FLORIDA. °SECTION ;"I That Chapter 2 ..Article Vl Division :, Secf%ans;2 -407 thro€agh 24'10, of the Code :pf the :city of llrarni Beach .Florida .s hereby: amended as € IV lS1ON °5. LIVINd WAGE REQUIREMENTS FOR SERVI 'CONTRACTS. AND .; 'EMPLOYEES OYEES Se.c 2=407. D6fifi tTons. - ; C. it y:mea:ns the government of Miami Beach. or * :any :authorized agen a .. board agency, commission, department, or °other. e ntity.thereof; of any successor thereto. Covered. er loyee means anyone ernplc yed ., ?Y the city or zany service contractor as further :defined in :this division, either full car part .time, as an emplpyee =.uv th or without benefits .ar COVered employrer means the crty acid any .:and all service contractdrs, whether contra 'tin directly drindirectly With the city; and subcontractors ofa ..service`:contractor. Hea:lth .ben6rrts shat_[, at a. minimum, rhean health insurance coverage which consists of wellness and. proventive, care including Maternit. y, and that - meets the re uirements of -a "standard health .benefit :plan" as defined in :Subsection 627 6690(12)(b)(4� Florida Statutes as � may. be amended from time to.:time Service contractor is any rndrvidual, C o rp oratio ( whether for profit or not for profit, partnership limited liability company, joint venture, or imila her business! entity who is conducting business in Miami Beach, . ,. and Who is either ;;;eet& a 1 R oaid in vuhle or part from one or more of the city's general fund ca ital p roject finds' .s ecial' revenue funds , P. P 1. � P nr, any other funds, either- whether by -competitive bid process, informal bids; :requests for proposals, some form ct solicitation, negotiation, or. agreement; or a ny other decision to: enter into a contract; or : e ngaged in "fhe .business of, o r p art �of a contract to provide, or a. suibdoritradt to provide, services, ee eF. . for the benefit :of the city. However; - this does not.. apply to co. ntracts.related primariiyto 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 inolude.the. fallowing : City :s 'ervice contracts. Contrac ts involving the city's: expenditure of :over ,$100f000.00 per:year and which include the :following t .cif services�> a. ;FQOd preparation and/or distribution;' b Security services;:: :V. .I11,W%autl i V Aif IC t I fce: Se ; ilces. - 5.�.ich - as �c�tstt�dial cleaning se u . refuse.rern- ova €, repair, refinishing, and reoycling;, d. C.ler cal or other non - supervisory. of ce. rods, rheti er temporary or perrrianent, ,. Transportation :and :parking services; '�F.. Nnting and reproduction services k ;g, t anc scaping, , lawn, and. or agricultural services,.,rid .h. -Park .and ublic , r - art -na ntenance. :. 2) Shc�u d ,any :services . included in subsection 1(a:). -- (h) that are :being performed by city employees at Ahe time 'this: divisio .:is enacteo be solicited in the: fwture by the city to �be..pe:rforrned by :a service contracts r, such services: shad be covered :services'subject'tothis division: :Sec. 2 -408. -'L ving wa+get (a) : isring wage .paid: Service :cflntracfars. Any service contract , . , entering into -a covered services - .. cohiract - With the city .:shall pay to .ail its employees who provide services !covered bjr this division, a living wage of no less than x$9-59 ' .2`8 - an hour:with.health = benefits, .or a living 'wage of not. less than x -12:32 : :an :hour without health benefits, - _ . . (2) Phase- i Effective .October 1. 2010, the living :wage in subsection (a) will be irnrilernented on a . Of thk% . phase -in basis beginning in the. _200 24=01 O� 20'11 city. 7. .2 I budget year, increasing on an annual basis increrne'tally so that the living wage is fully implemented far sity covered employees in the 299 3- �_ -2 2012 2©13 city, budget. yeaiL Paid bY the GAY. tq 46 be and 44 sub b . Neal h ben6ifits; etigibilky period. For. a covered. ethployer -.or the city to comply with the living wage - vis4e fg2jjIrernents of this division by choosing to pay the louver wage scale available When-' covered employer also provides health b e n efits, such health benefits shall l consist of :payment of .at least S44& :6 � per hour toward the :provision of :a health benefits,: plan f6r covered: employees and their dependents. if the health benefits plan of .tea. covered employer :oi the sit requires an `initial period. t f employment, for new employee.:to be eligible for health benefits. �eligibilifiy period) the living wage - pFeyieioi� reguirements of this - division shall :be :deemed to behave been :complied with during the eligibility period provided the covered err:tployer sr t commences to pay qt he applicable ilving w' a -de : rate without health benefits , effective as of the. date cif hire of the :covered employee. . Upon cd pletibn af the eligibility period, and provided the new ern loyee will be pl-ovided health 'benefits, a covered ;employer ,may commence. to pay the . s l� pnlicable living Wag a rate with health benefi Proof of the provision of :Health benefits rnust.be submitted to the.ewar•dinq.a a y cty's procurement director to .qualify for the wage rate. for employees with health benefits_ c Annual Q en En m1hnent1Elecfiob .of Benef s If a covered em `Io ce is being. Paid the. houriy living wage gate "with health benefits and elects during such period of filmic bu# no 'less than once durinct the covered ern to er's fiscal ygait on which the covered erripldyer hermits its :erneloyees - an Op2ortunity to chance their health benefits Man coverage hereinafter such . election eriod shall.`be .referred to as .the° "annual .o en enrollment period to no ]on per :continue . receiving coverage :under the emoloyer's 'health benefits plan then notwithstandin the..covered :ern p . to er's coritiriuin to offer a - health benefits plan to em to ees -- the covered iarn to ee electtr `:out. ©f coverage during the annual enrolimen# period) shall; b the nesct nn Per iod be aid . the :a lica.ble hourl livin wage e rate without health benefits. The covered empidyer thay, in its 'reasonable iudumen# ann d scretiari - determine the length of time using the proposed three (3) year phase -in - commencing with city fiscal year 20101 „ 1 (October 1 2010: 'the liuirici Wag rate will be 1 C1.'l /hr. with health benefits.. and 1.4'llhrrithout benefits commencing with city fiscal year 2011-12 (October 1 2011) the livin- wa_q rate will be 'S'14 721hr health :benefits and x.12.17” without benefits. and commenCjjhg with city :fiscal ear 2.012 -13 October 1 . 2012). the livfhg waste rate will be`$11:281hrwith health benefits and $12 92 /hrwithoutbenefits Using the . ra osed three f3 ear phase -in pursuant to Section 2 -40 2 commencing with city fiscal year 2010 - 11 (October 1. ' 201 0), the health benefits rate will be at least S1 2bthr commencing with city fiscal year 2011 -12 fOctober 1, 201 1) the. health benefits rate will be at least S1 45 /hr and commencing " with city fiscal year 2012 =13 (October 1, the health benefits rate will at 'least $1 .64/h r for the annual open enrollment . eriod• may. re . uire employees to coin lete and return a benefits election form: and, in the event that a covered employee does complete. and return such election form to the covered ern to ee during the rescribeci time cif the annual open enrollment period then the covered employer may treat the covered employee as having elected to continue with the health p ah benefits coverage (them in effect) and, accordingly, may continue to a the covered employee the a licable'hourl livin wa a rate with.health benefits, d) Indexi Index n. . The livin wa e rate and health care benefits rate may, by ;resolution � g 9 of the city commission be a indexed 'eas#ye- F annually for inflation using the Miami PMSA Consumer Price Index for all Urban Consumers (CPI - U) !Miami /Ft. Lauderdale, i ssued by the U .S. Dep of Labor's Bureau of :Labor Statistics. �lotvAthstanding the preceding, _ - no - annual index shall exceed three percent (3 % }; nor shall a annual increase exceed - the corres ndih annual compensation increase if an provided to unrepresented (Le.. unclassified) city employees. The city commission may also by resolution; elect not to :index the living wage rate. in any p articular year, if it determines it Would not be fiscally sound, to implement sam F1 fin a particular' yearl. The determination to index (or not ;index ) the living wa e rate shall be considered anrivall Burin 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 ar ears to not index the living wage rate and thereafter determines th making w all or an �part_of.the__prior year`s for years') unindexed. percentage ,would not have :an'' adverse fiscal ii act .0 on the Cit then the city commission -shall also �have.the ri 'ht; but not the cull orlon p to cumulatively index the living gage rate to "make-up" for any deficiencies in the prior year (or ears ) there. vsras :rere :no increase °s the "catch a "election The catch-up" electi ©n must be approved by resolution, and m.av only :be considered during the. city: commission's review and approval of the city's annual °operating budget. (ed) Cerfffication required before payment Any 'and .all contracts for covered. s e rvices al a lma�r be void and no funds may be: released:, unless pri or`to ente any agreement vsrith the city:for a covered ;services .contract, the service contractor certifies to the city that it: v Vill . pay each of :its - covered employees: no less'than the laving wage describe in section 2.408`(a). A copy of this certificate must be made ;ova labia to the pudic upon ;regdesfi, 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 specif ic;'praject for-which the covered :services contract :is sought; (2) The amount .of the. covered services contract a brief descrip tion of the project or service provided. :and the city departmerit the :contract: will sense; (4 . A statement af:the'wage levels'for all employees; and {544 A - commitment. to : - pay all covered erriplcyees tithe living wage, as :defined by section. .2- 408(a) includind. Without .limitation. tation. any annual indexes thereto . (as provided in section 2- 408(d) 4 . fe) Observation :of other taws. 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 .q collective bargaing 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. (So Posting. A.capy of the most current living wage rate shall be kept posted by the covered employer' at the site of `the work in a .promirient .place where it can easily be seen ancf read b the covered'emp loyees. and shall also be supplied to tha employee within a reasonable time after a re quest to ela so; basting requirements will. not be required where the.. covered. employer q prints :the following :statements on -the front of the covered employee's first paycheck and every :six ) months thereafter, "``,'o.0 are required by City of .Miami Beach 'law to be paid at least $8 dollars TNOTEf G. overed emplo yer. to insect a' licable livinq wa a rato an hour. if you are not paid this hourly rate, contact your employer, an attomey or the City :of Miami Beach." All notices Will ,be printed icy English, Spanish, and ;Creole. (hq) Collective bargaining. Nothing in this division shall be read to :require or.authorize any covered employer to reduce wages. set by a collective bargaining agreement or ye required under an prevailing wage law. i Tio credit .exem For a covered em to ee who re ularly receives ti p§ or gratuities thereinafter "tips_ as part of his /her paV; a covered empl ©ver will be exempt from payment :of :the- applicable hourly living wage rate far' such'employee provided that the following - requirerr tints are met 1, - In 'order to uali for the ekmi ti6n. the covered .em Plover: must claim ,a Ii credit" under the federal .Fair Labor :Standards Act IFLSA; �: The exception shall drily aobly to covered. employees Who receive tips as . art of :their compensation i.e. waiters. bartenders 'hostesses busboys. etc: 3. The covered em to er shall 'be s©lel ` responsible for assurin triat all .ti ed covered employees meet the eljc jbility reguirements for the tip credit under, the FLSA; 4_ The covered -em to er "may Dnly bredit toward satisfaction of the a, licabie hourly living wrage requirement, - tips up to the maximurra amount of the allowable tip credit and . 5. The covered em to ee's ti s plus direct hourl .wa e combined must add u to at. least the applicable hourly living' 'Wage rate. otWithstandinb anything in this subsection, tipped covered employees must receive at least agolicable hourly livin wage rate when their direct wages and-tips are combined. Sec. 2 -409. Implementation. (a) Procurement specifications. The living via e s hall be r in the procurement: specification$ for all ' covered' services con'tracts on which bids or proposals shall b g are solicited .on or after the. effective ,date of this division.. The procurement s ecifications P 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 dates when this .division becomes effective, :shall be subject to the requirements of this division. All procurement specifications for cit covered services - contracts af $100,09040 GF me0a shall include : . appropriate iriforrnation about the :requ:kements of this. division. (41 Maintenance of payroll records. Each covered emplbyer ,shall maintain .payrolls for all covered employees and basic records - relating there o, and shall preserve them fora period of three , () years or the :term_ Of the- covered services contract, Whichever is greater T records shall contain: (1.} The >.naftie : and address :of each covered employee;. {2} The job title.and classifration (3.) The number of hours irked :each ciay 4 The gross .wages earned and deductions made, (5) .Annual: wages paid:; 6 A. co of the security returns. and --evidence. of pay rnient thereof g p g contdbutipns to 'approved . A record of fnrr e :benefit ayinents: _includi€ plans; and {8j Any other data or lnforrriatiQn this, di should require from time to time. (d�) Reporting .payroll.. `Every .six ) months, the covered irrmployer shall file with the cit 's procurement director - a complete payroll showing the covered emplo}rer's payroll records for -each covered employee working on the covered �se.rvices contract - for one payroll period. Upon request from the city, the covered .employer shall produce its payroll records for ahy br all of its covered employees for zany period cohered by the :covered service contract. The city , may examine inspect, andlor 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 n.,,.;l,, ep.e- eRtatives to. observe work be ng' performed at in,,,or on the project or matter for-which the covered services contract - was issued The city :repFes nta tives may examine the :books and records of the service contractor relating to the employment an payroll -to determine. if the service contractor is in comp lian c e with the :provisions of this divisioin: (b) Cornplairrt.procedures and sanctions: (I) . A4 covered employee or former covered employee, who believes that this divisio a lies pp-apt to him or her and that covered employer 61� =thle is o; was not complying with the requirements of this division, has a right to file :a- administrative corrtplaint with the sli�estai =b tie city procurement director. Any individual or entity may also file a complaint with the procurement director of:the city . on behalf of covered em 10 ee for.investi ation by the city. (2.) - Compfaints by employees of alleged violations shall be made in writing within one l) wear ofter the alleoed violation occurred: No complaint shall be within .the `urisdiction of the citV under the administrative com iaint p rocedures in - th i s division if the complaint is filed more than one t'l} year aft - th i s alleged violation ractice occurred.. 3 The complaint shall be signed by the i3erson - akii7io th cai°r akairat thereinafter, the ucomplainarif) and, if the complainant is n.6t the 'covered employee.. by the :covered employee as well; shall be .sworn to or affirmed. shall. at a. :minimum, state the full name and address of the complainant, the full name and address of the covered e rn pl oye r against - whore - the comRl is being made (hereinafter, the "respondent"): the facts upon :Which the complaint is based and such other information as be required b the city, The complaint may:be filed by personal delivery, ordinary mail. or certified mail addressed to -the : citVs :procurement director O;ay be Q�ade- at we a.Rd shall be y th or Any individual 4} . The city procurement director shall notify the .covered employer named in the complaint (the °'respondent "l, by providing the em to er with a :co .of the:complaint'by certified mail or i3ersonal delivery.. Within thirty (34)' working day s after a co -pY of the complaint has been served upon the respondent by the procurement director .the resp ondent may file an . answer thereto. If an.answer fled. the answer shall be in writing and contain at:a:minimum a. se arate. and s ecific rtes onse to each and ever articular of` the complaint. or a denial of any knowledge or information `thereof: suffc erit to form a - belief. Any allegation of the complaint which is not denied shall be deemed admitted. {5) If an .answer is filed, the pmcurement director .shall cause a copy of the answer to -be :served on the complainant. If'the - resi2ondent e lects .not to answer the .complaint. then the .matter shall proceed on the evidence in suppcirt of the complaint. (8) Whenever a ver i fied written complaint is fled pursuant to this division the rocurement director shalt make a prompt investigation of to =i es ate all allegations of violations in connection therewith and forward to the city 'rnanager ai written summau of the investi ation within 3960 days after the complaint is filed if at pest ti e, th +aik, ►, upon hill - er review of the complaint. answer of filed). and investigation the cit y mans ;er determines that a violation of- this division has occurred, # the city shall, within teR h_ rty LIOLworking days of e finding of noncompliance, :issue ;a :notice of corrective action in writing, a lto the respondent; e#er s�iecfyi:ng all areas of noncompliance and deadiin'es for reso l utions of th 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 req uested, a or by hand delivery r 7 if a espondent fails to comply With any or - all. of the .resolutions for the identified violations within the deadlines provided .in the notice,_, the city manager _ may issue an . order, in writing, to the aewioe GeRtFa respondent by certified mail or hand delivery, notifying the espondent to appear at an administrative hearing: bgfflre one of the city's sitting special Matters. to be zheld at a time to be `fixed in such order, whibh ate shall be set less thas five days aftet se t4qre4 A copy -of the order shall also be ent to thezom l . b certified mail or hand dolive 8 The cite many er .shall also provide a written re ort to the cit commission; informing them of the complaint, which report shall inclutle a brief summary of the facts at issue the results of the city's. investigation, and the. recommended administrative disposition of the complaint finciud na any finding.cif non -com" `fiance and subse uent recommendation for corrective action . 9} The : hearinr� : proceedings shalt ae- informal, b4and shall.afford the'iseWiGe G014F.a >- respondent the right to testify in hit/her ow defense, present witnesses be represented by counsel, submit re levarit ev[clence, .cicoss examine witnesses, :and object to evidence. ° 18 . The, proceedings. shall be recorded and :minutes kept by the city. Any resndent requiring Verbatim rrrinUtes for judicial rerriew' may :arrange for .-the. serVices of a court reporter -at the expense of :the aepAee GeP A F aG taF respondent '(4kl 11 �AlithiM i Uoon the ciose�.of the hearing, the z ,� it n� r a „ the special mast shall ;render a decision in- writing 'deteirnining Whether or not tf e espondent is in compiiarice;;; 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. {1,_2} The city ' the -gity ^ r-K and shall .send a true and correct copy of Nathe order - by certified mail, return receipt, requested, or by hand delivery, to ,the b respondent and complainant X1:3. The rity mana a special 'master'sp ee-s .findin s shall constitute the final. administrative :action of the city. for. purposes` Hof judicial :reviernr under state law: An aciclrieved party. including the city administration, mad appeal a final administrative order of a special master t4 the circuit court in ` accordance with Section 30-77 hereof. (914 ) if a respondent fails to seek t rneiy appellate review of an order of the -s e�master aoagers des qnp �. or to comply timely with such order,. the city may: pursue the enforcement' of sanctions set forth in section .2�41 O(c). (c) Private .right .of - action against covered m to er Any covered employee. 4 or 'form.er covered employee of 'a service contractor may; instead of but not in addition to.. utilizing the - - ad inistrative complaint procedures :se t# in . section 2 -41 Ofb) #�s divisienrbut net L ;Bring an :action to enforce the otbvisions of this - -- - div by. #iling suit against the covered employer in any court` of competent jurisdiction-4e aad -sue: l pon a 'findiri by a court of competent `urisdictiori that a covered eMI212yer unlawfuIIV withheld wages 'under this division such covered ernplo�ree shall be 'entitled to ari award of unpaid or under aid wages, to reasonable costs. and attorne s 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 corn ensate the covered emp for the economic losses the- bar reason:of not receiving their wage at the tir�ne it-was due and in order to deter future noncom liance the covered 'em !o er. The applicable statute of limitations for such a claim :will be two years, as: provided in F.S. ection :95.1 1(4)(dV Statutes. as same ma. y die :a:rriended from time to 'tune, for an action for payment of- wages. - see .._..) - i •' { (d }. S anctions :againsf service contractors'. For �r olationa of this di�ris on, the city shall sanction a service contractor by requiring the' contractor `to pay wage restitution _ at :the Y e PIO.Y e m contractof %s expense fore :the affected_ covered emptoyee an may aIso avoesix' 'ttip -€ei take the followinc :actions -- (1) The city:rnay impose damages,., f0t each week that the covered employee. , was found to have not been paid in accordance with this di vision; andlor €2} The' city may .suspend ar- teFMiRa payment under covered services contract and / or terminate the ;contract with the service contractor;':andlor 3) The city may declare the ply service contractor ineligible :for future service contracts for yp, to - three Lyq­ars or until all Pe i tz restitution ave has been paid in full to'the covered, employee and all penalties (if .any) -paid:- to' the city whichever is longer: and/or In "'rdities a emnlpyeF s hall . be i In order t o compensate the city for the costs of irivestigating and remedying the violation the city may also order the vi6lafinq covered employer to pay th city's . reasonable costs (for investigating and defendin the complaint and remedying the violation ). Such funds shall be allocated and used to offset the cflsts of implementing and enforcing this division: (e) Pubfc.'record. of sanctions. All such sanctions recommended o 'unposed shall be a matter of public record. f} Sanctions for. aiding acid abetting.. The sanctions in section 2- 41Of4ddj shall also apply to any:party or parties. aiding and abetting in arty violation of this division. (g) Retaliation and discrimination 'barred. A' covered employ er shall not discharge,. - reduce the compensation :of, :or otherv+rise discriminate or. take adverse ' action against: ariy covered employee in retali , for , exercising the rights pr otected under this division including without ;limitation, making a corimplaint'to the c ity, 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 div ision a nd to assist hitn /her in asserting :such rights. Protections under this subsection (ct) shall applyr to any person who mistakenly, but in good faith alleges non =com fiance 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 jjresump having done so in retaliation for the exercise. of su right he; Fights WpdeF this . . Allegations of retaliation or discrimination, if found true, . , shall result in an order of restitution and .reinstaternerit of a. disc harged. covered employee with as back pay to 'the date of the filing of the complaint with the city fit?) Enforcement powers. if necessary for the enft�rcement of this :division,. the -city coy; missiDn. may issue. subpoenas, .compel the :attendance and testimony of niitnesses and Production of books, papers, r and documents relating to payroll reco necessary for hearing, investigations; and proceedings. In .case of d isobedience of the subpoena, the city'- . ettorrtey may apply :to a court of competent jurisdiction for:an order requii the. attendance and testimony of witnesses and productio of books, papers, records.; and documents, Said court, in the case of the refusal to obey such subpoena,. after notice to the person :subpoenaed; and, upon finding- that the .attendance or testimony of such witnesses of the production of such books, papers, records, and documents-, as the case "ma be is relevant or necessary f I � Y . �.� rY such hearings, investigations or ..proceedings, may issue an order requiring thew attendance or testimony of such .Witnesses or the production of su ch . do and any violation of the courts order may be punishable by the court as contempt thereof. {i) Remedies Herein nonexclusive. No remedy set forth'in this division, is intended to be . exclusive or a pre requisite for_.asserting a claim for iel'ref to enfotce the rights under this division in. a court of law; This division shall not be construed to limit an ' employee's right t ' bring a common law cause of action wrongful termination provided, however. that if a complainant has reviousl initiated. or initiates a civil action in a court of com petent jurisdiction alie in a, violation of this division, or other matter. with respect to the :carne grievance which is the subiect 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) uvithin the iurisdiction o f the city under the administrative .comptaint procedures established herein SECTION 2. SEVERABILITY. If any section, se ntence., clause or phrase . of this .ordiriahce is beld to be invalid or unconstitutional by any court of competent iurisdiction., there said hol ding shall in n o way affect; the validity of the remaining portions of this ordinance. SECTION 3: CODIFICATION I,t is the intention of the Mayor and: City Commission or the City of Iilfianii Beach, anl, it is hereby ordained that the : of this ordinance shall become and. be made a part of the Code ofthe City:of Miami.Beach, Florida. The'sections of - this ordinance tna be reriumbered or relettered to. ac omplish such intention, and the ward "Ordinance may be changed - to ``section''« "article, "� or other :a ppropriate word.; ; SECTION-4. EFFECTIVE HATE. This Ordinance shall take effect t6n.:daya:foltowing adoption., PASSED and ADOPTED this t t a r +of , 2010. ATTEST MAY0R =CITY CLER F tatto\AGUR\RESC)S- ORD1Living Wage Ordinance- Amendment (Second; 6 0).doac APPROVED AS TO FORM 4. LANGUAGE r R ECU # IOC$ Y. 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