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Amendment 1 7112f, AMENDMENT -NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHOICE ENVIRONMENTAL SERVICES OF MIAMI,.INC. AGREEMENT NO. 60- 08/09, DATED JUNE 9 3 ,2010' FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, BULK WASTE, AND OPERATION OF THE CITY'S GREEN WASTE FACILITY This Amendment No 1 o the above subject Agreement is made and entered into this day of 2010, by and between the. CITY OF MIAMI ` BEACH., Florida (City), and CHOICE ENVIRONMENTAL SERVICES OF MIAML, INC. (Contractor). WHEREAS, the City and. Contractor enter into an Agreement for Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste, and Operation of the City's Green. Waste Facility, on June 9, 2010, pursuant to Request for Proposals (RFP) No. 60 -08/09 (the Agreement); and WHEREAS, the Agreement is subject to the City's Living Wage Ordinance (as described below); and WHEREAS, at its meeting on June .9,' 2010, the Mayor and . City Commission adopted Ordinance No. 201.0 =3682 (which Ordinance, is attached as Exhibit "A" hereto), amending certain. provisions of the City's Livin g f 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 f 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 cove - red by the .provisions of the Ordinance; and - i { 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. NOW,. THEREFORE, for and in consideration of the conditions `and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The.above recitals are true and correct and incorporated hereto by reference. 2. Pursuant to Section 2 -408 of the Miami Beach City .Code, as same may be amended from time to time, service contractors shall. be required to , pay all employees who provide services pursuant to this Agreement, the hourly living wage rates based on the following three .(3) year phase -in approach: • Commencing with City fiscal year 2010 -11 (October 1, 2010), the hourly Living wage rate will be $10.16/hr. with health benefits, and $11.41/hr without benefits; Commencing with City fiscal year 2011 -12 (October 1, 2011), the hourly living wage, rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and • Commencing with City fiscal year 2012 713 (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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] F: \PURC\$ALL \Cristina \Contract Amendments - Living Wage \AMENDMENT Choice.doc IN, WITNESS WHEREOF, the parties hereto have .caused this Agreement to be executed by their- appropriate officials, as of the date first entered above: FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By l City Clerk it a r 901 I� zot� Date Date FOR.CONTRACTOR CHOICE ENVIRONMENTAL SERVICES OF'MIAMI, INC. ATTEST: ' By Secretary resident N4t( NA,( odrL Print Name Print Name 10 27 1� Z7 / Date Date COO 'i S e { APPROVED AS TO FORM &LA N GUAGE FOR EXECUTION Cit Attorne Cate F: \PURC \$ALL \Cristina\ Contract. Amendments - Living Wage\AMENDMENT Choice.doc EXHIBIT, A .SRCINANCE.NCJ. 20'1:0 3682. ' AN ORDINANCE OF THE AND CITY CGMMISSIC?Ni 0F`,T.HE CITY OF MIAMI 'BEACH, FLORIDA, AMENDING' CHAPTER 2 OF T CITY' CO : °ElTITL.ED,,. "ADMINIMA"T'fON;" BY AMENDING ARTICLE V! THE REt3F ENTITLED,. "PROCUREMENT " 'BY .AMENDING DIVISION 8: EN TITLED LI WAGE REQUIREMENTS FOR SERI►IlCE CiTRAGTS AtW;f CITY EMPLOYEES ", SECTIONS -2 -407 THROUGH 2 -410 THE REIN; AND PRC VI FURTHER FOR CODIFIOATION- :SEVERABILITY. AND AN EFFECTIVE 'DATE. NOW THI=R.EFORE� BE: IT ORDAINED BY THE MAYOR AND :CITY !COMMISSION OP THE CITE` C3F MIAMI BEACH, FLORIDA SECTION 1. That Chapter 2, ..Article gri Division :Sections 2407 through ,2 -41.0, of :the Code df the City of I iami Beach, Florida, °is here' as fo llows - DIVISION .fi LIVING.W.AGE fZEUIIE:d'I.ENTS F£3R SERVICE CtItiITRAT ACID :CI EIlPI.OYEE Sec: 2447. D.6finit ons, Gib rneans the Beach. _ _ J y. government of turn or any ,:auth�rczed :agents, any board; agency. commission, department, or other. entity.thereof, r any successor thereto.. +Coverec :errtpJayee means anyone :employed by - the .city or parry service coritractor,' as further °:defined in :this division; either full cir hart tiir�e, .,.as emplpyee, . with or viiithout benefits Covered. emptoyer the crty and any. a nd all service ..contract6rs, whether contracting d i irectly or-indirec�tly with:the city, and:s.i�bcontractors of:a:ser�tice'contractor. Hea:kh benefits shall. at a. minimum. mean health insurance cove•ra e which cflnsists df j wellness acid reventive care including rhaternit. and* that meets the re uirernents of :a "standard health .benefit. plan" as defined in :Subsection 627 66990 2)(b )L4) Florida Statutes as may .be- amended from :time to .tirade Service arttractar is any individual, . �ej#jty corporation (whether for profit or not for profit, partnership, - l imited liability company;, joint venture, or imila other* business: who is Conducting business in Miami .Beach, bit Miap and who is .eithe' = Pr>aid . in whole or_.part 'from one or more of the ' city`s general fund'. capital proiect finds, .special revenue funds, or any other funds, e. diRiGtly _0:0 , whether by competitive `bid process, informal bids : request for - . proposals, some form of s olicitation, rregatiatton, , or agreement; or any -other decision to enter -into a contract; .or • 4;�72: -E-engaged in `the ;business of cr art of a c to provide, or a. su bcartract to provide, ,. services, ewer of isdiFe4iy for the benefit :of t city. However; . this does not apply "tci. contracts related prirrraril to the sale of products :& .goods. 5a.vred services are the type of services purchased by the city that are. subject.to the requirements of this - division: which include. the following } pity service contracts. Obritracts involving the city .s expenditure of over 00,000.(10 per year and wh ich include the types .cif services. a. Food preparation and/or distribut on ' `b_ Security setwces;:: :r- Erne i$ie�¢ m�ir� r,.,stn .. stn. Y,ti.. �.. . *u,�«,.__= ►e =a =,..e �, es such as :custodial, cleaning G ,.refuse re oval, -re � r, refriis in , and rr~c clrn d. Clerical. nr other . - :supe office. �rvork; rhether temporary. or permanent; e. Transportation and :parking services"i f: Printing and reproduction services; .:g+. >Landscaping,. lawn, and or agricultural services ;. an h. F'arlt.and laublic � awintenance. 2 : Should ah services iriclr ided in subsection 1(a:) ,-- (h) ` that are: being g performed b cjty ernployces at.:he time this dires�ora. is eractad be solicited in - the future by the city to Abe .Pe.rformed b . a sere "t..ce contractor, :such se rvices: sh all be - covered services subject to this division: -Sec. 2 -40.8. Li rrn:g Wage. (a) : Living wa ge paid- .0 service :contractors. ARAn service contractor a6. defined by this divisi914., entering into : covered services : contract with the city shall pay to .all its employees who provide services covered by this division, a living wage of no Less than .28 :an lotr :with hcaith :benefits, or.,a `living v3rage of not less than - 92 :an -.hour without. heatth :benefits, . (2 Phase- em s: Effective October 1; 201 the livinp :wade in subsection (a) -rill be imolemeritec on a- ef this. divisie;;, of; phase -in basis beginning in the. - =2010 2011 city budget year, increasing on an annual basis incrementally so that the living wage is fully implemented fors covered employees in the 2093 2994 -2013 city budget;. year'- . ,. _ 136 and instead shall (b). health benefits, eligibility period. For a covered . erriplover or the city to comply with f the living .wage �visJe requirements 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 flf payrrnent of at least 4 $ 1:64 2 .per hour toward . the , §ion of ;:. health benefits. plan fo cove employee a nd their dependenis. if the alth benefits p lan of.thea covered ein to .er er-# a-si requires an "rr�itial enod. he P P. y p of ernploytnent for anew - employee ".to be: eligible for health ;benefits .{ eligibility period} the living wage �e requirements of this division shall be :deemed. to %ehave ':been complied %Wd during he di ibilit g g Y period provided the covered ernployer laeitZ cart,mences to pay° ethe a.oplicable liven wra a rate without health benefits 9 g ` ., effective as o.f the. date of hire of the .covered em; to ee.._ p y . U on co..pletion o#: the eligibility period, and p provided the new employee will be provided :health benefits, a covered empioyer may cornrnence to pay the wage al applicabie living wade rate; uvith health benefits Proof of the prc vislori of health benefts must be submitted to :the. - awtharAyc i ty p rocurement Airector to . calif for the wage: rate. for employees with 'health benefits_ c Annual Q en Er WIMentlElection .of Senefits If :: covered ' .em `io .ee is being. Paid the .:hourly living wage rate <urith health benefits and elects during such period of time but no less than ` once during the .covered em to er's fiscal ear on which the covered erriployec tpermi,ts its ,6tnoloyees - art opportunity to chance' their health benefits plan coverage hereinafter such election period - shall.'be; referred to :as .the ":annual ;o en enrollment period") to no _ Jori_per continue receivirac coverage under the emplover's health benefits Plan then �- noti<vithstandin the..covered :error to er's contirtuin to offer a health :ber3ef}ts lan to ein (o ees -- the covered °ems to ee electih :out..of coves e during the annual enrollment - eriod shall. b the next a er od - be a'id the:bpplic hour! `livin wage rate - without health benefits. The covered ernpldyer rriay; `iii its.reasohable i idgment and discretion, determi the length of time Using the Proposed three (3) year phase -iii, - commencing with city fiscal year .2010 -11 (October 1 20101 the living wacje rate twill be $10. 15 /hr..:with health benefits.. and S11.411hr - without benefits commencing with city .fiscal year 2011 -12 f October 1s 2011) - the (icing wage rate will be 510 721hr u dth health benefits . and $12.17`vuitl3out benefits. .and ' commencing with' cit fiscal ear 2.012 =13 October 1 . 2012), the living wage rate will be V 1:28 /hrwith health benefits, , and ` - 1.2 921hrwithout benefits ' Using the ro osed three t3 ear . hase -in pursuant to Section '2 -408 2 commencing with. cit fiscal year 2010 -11 (October 'l , 2010) health benefits rate will be at 'least S 1 25 /hr commencinq with city fiscal year 2011 -12 (October 1, 20111. the health benefits rate will be - at least `3r1 45 /hr• and commencing with city fiscal Year 2012 -13. (t3.ct6ber 1, 2). the health benefits rate will at least $1 _fi4 /hr 3 for the annual open enrollment Oedodi 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 rescrbed time of the annual open enrollment period. then the covered employer may treat the covered employee as having elected to continue with the health Milan benefits .coverage (then in effect) and, accordingly, may continue to pay the covered employee the apolicable'houdy living wa e rate with healfh.benefits. (d6)' Indexing. The .living wage rate and health care benefits rate wiftay, by resolution of the city commission be a tematiG indexed each -ye a€ nually for inflation using the.. Miami PMSA Consumer Price Index.for all Urban Consumers - (CPI-U). Miami /Ft. Lauderdale, issued bu the U.S. Department of Labor's Bureau of :Labor statistics. Notwithstandinq the precediM, no index shall,exceed three percent-(3%) nor shall an annual increase exceed the corresponding annual compensation increase fif an provided to unrepresented (Le. unclassified) 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 irnplement samel� Q_ w din a particular year, The determination to index (or not :index the living wage rate shall be considered annual! 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 ears ), to not index the living wa a rate- and thereafter determines that making u all or an: part of. the prior year`s (or years') uoindexed. percentage would not have an adverse `fiscal itti act u on the City, 'then the city cdmrhission -shall also have the- right,: but not the obli at on to .cumulatively index the living :wage rate to "makeup' .for any deficiencies in 'the prior year (or ears �rvhere there: was were no increase °s the "catch u; '° election). The "catch-=" must be approved by resolution, and may only -be considered during the city commission's review and :approval of the crtj's annual: operating budget. ed Certification, rre uiret before payment.. An and .all contracts for covered. services q P :y y � inay be void and no funds may be released, unless prior to entering any agreement with the city for a bvered :s:ervices contract,, the emple service contractor certifies to the. city that it will. pay each of its covered ernployees 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. `rninirnum, rust include the following. (1) The name, address, and .phone number of the covered ermptoyer, a local contact person, and the speific for which -the covered services contract :is sought; (2) The amount .of the co services service:s contract a .brief description .of .the proiect or service provided. and the :city department the :contract: will serve; FiptjGR of the pr (41) A statement of the wage levels for all employees,. and { 44) A commitment to: all covered employees tithe living wage, as :defined by section .2-- 408(a ), -and including, without :Iim tation. arty annual indexes thereto (as provided in section 2- 408(d) Cfa) Observation of other lawns. Every covered employee shah be paid not less than biweekly, and without subsequent de duction or rebate on any account (except as such p ayroll deductions as are directed at permitted by law or by a collective bargaining agreement ). The covered emp[o yer.shail pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. .{g� Po sting. A copy of the most current living wage rate shall be kept posted by the c employer at the site of the:work in a_.prominent place where it can easily be seen and read .by - the covered erripl:oyees. and shall also be. supplied to #iaan employde within a reasonable time after a request to .dQ so; hosting requirements will, not be required where `the covered employer prints :the following :statements on the front of the covered employee' first paycheck. and every :six )months thereafter: "Yo are re q u ired by City of Miami Beach law to be p aid at least $$- dol[ars NOTE Covered empld yerjo insert applicable [ivin wage rate an hour. if you are not paid this Dourly rate,, contact your employer, an attomey, or the City :of Miami Beach." All notices Will be. printed in' Englis.h, Spanish, and Creole. (hg) Collective bargaining. 'Nothing in this division s hall be :read to require or:authorize any covered employer to reduce -wages set by a collective .bargaining agreement or aas required under ari prevailing visage law: i 'Tip credit exem Tian. For a covered emp loyee who regularly receives ti` s or gratuities thereinafter "tips ") as part of his/her oay a covered emalo�rer will be exemt t from payment .of the applicable hourly€ living wage rate for such employee provided that the following req uir enlentS are Ii'let; '(, In °order to o u'alify f or the e�ce tion. the cove em to er. must - claim, a: credit under the Iederal Fair Labor 'Standards Act (FLSA)• 2. The exception shall oily atp!y to covered .ernplcyees who receive - tips as art -of :their corn ensation i.e.. waiters. bartenders hostesses busboys. etc: 3. The covered em to er shall be soled , res onsible :for assurina that all ti ed - covered employees meet the eligibility ty requirements for the tip credit under the FLSA; 4 The covered em 10 er m bril credit toward satisfaction of the applicable hourly living wage ,requirement, tips up to the.- maximurh amount of the allowable Up credit.; and 5. The covered .em to . ee's ti s l2lus direct hourly wage combined must add u to at. least the anolicable hourly living wage rate. NbtWithstandin -g anythin4 in this subsection tipped covered employees' must receive at least'the aRp licable houL living wage rate when their direct wages and tips are combined. Sec. 2-409. Implementation. -(a) Procurement speclflcati6ns. The IiVihr Wage .shall be required in the p specifications for all covered services contracts ar Which bids or proposals ahall - -be solicited on or after the. effective date of this division.. The procurement specifications shall include a requirement that service -contractors and their subcontractors agree to produce .all documents and records relating to payroll and compliance with this division upon request from th city. All :covered 'se rvice. contracts awarded subsequent to the date when this .division becomes effective, :shall be subject to the requirements of this division. (14) InAgr4Nat4op All [222 rernerit: saecifications for 2L _ covered services contracts shall include appropriate information about the equirements of this: div €sion. (sG � lVWntenance of payroll records. Each covered employer ,shall maintain .payrolls for all covered employees 'and basic records relating thereto and shall preserve therm for a period of three )years orthe,terrn 6f the covered services cantrect, Whichever is. greater. The records shall contain: (1) The `narne and address of each covered employee;. 2} The job:We ai d classifcatibr (3.} The hUmber of hours wotked each day; (4 ) The grossmages earned and deductions made; (5) Annual wages paid; (6) A. copy of the secur returns and ev idence of pay nenf thereof; record of fnnge. :benefit, payments _including. `coritrrbutrons to approved ,plans, and (8 }.. An ot her data or information this division should require :from time to time, ( } Rgportix g payroll.. Every :six. months, the covered employer shall file with the cit 's Procurement director a cor �iplet6 payroll showing the covered :employer`s :payroll records for -each covered employee working. the .covered .services contract for one payroll :period.: p ©n request from the city, the .covered :employer shall produce Gapyihg its: payroll records for atiy or all of its covered employees frr<any period covered by the covered service contract,.'he city may examine irtsaect. and /or cope such .payroll records as needed to.:ensure compliance with the requirement of this division :Sec. 2.41.€ . Compliance and enforcement. (a) SeMce contractor' to cooperage. The service c ontractor :shall pe r mit the dity to. observe work being performed at in, cr on the. project or matter for which the covered services .coritract - was issued The city representatives may examine the :books and 'records of the service contractor relating to the employment and ,payroll -to determine if the service contractor is in cofnpfance with the :prpvfsions of this division. (1p) Complaint procedures and sanctions. (} A4:t covered employee or `former covered employee. Who believes that this division applies a� lied to him or her and that a covered employer, 4-Vi Git is �s not complying with the requirements of this - division, has a right to file :a- administrative complaint 'with - the prGGUFeR " diFebte; city procurement director Any individual or entity may also file a . complaint with the procurement. director, of the citrl on behalf of covered em Io ee for fnvesti ation by the cit 1 ) Co mp #aints by employees of alleged v io lations shall be made in writing within one ('# ) year after the alleged violation .occurred. No complaint shall be within:the Jurisdiction of the city under the administrative com faint procedures in this division if the complaint is (fled more than one (1) -year after the alleged violation ractice occurred... (31: The complaint shall be signed .by the person making the complaint (hereinafter, the "complainarif) and, if the complainant is not the 'covered employee. `by the covered e�mployee as well; shall be :sworn. to or affirmed; and shall. at .a::rriinirnurr, state theJull name and address of the complainant' the full name and address of the'covered ern to er a ainst whore - the, corn faint `is be n made thereinafter, the "respondent "), the facts u pon Which the complaint is . based.. -and such other inforrnation as be required b the city. The corn Ia nt . may.be fled by personal delivery, ordinary mail, or certified mail, addressed to the .city's :procurement director �+ � -411 hQ +Jhe ra .,,,sgibility ^ } T he city procurement director shall no tify the .covered employer named in the complaint (the "respondent'), by providing the em to er with a co .of the comptaint'by certified: mail or Personal delivery. Within Ihirty (3Q) working days after a to-py of the complaint has been served UP on the respondent bv the procurement director :the res ondent may file an answer-thereto. If an answer is filed. the answer shall be in writinct and contain. at - -a minimum a se arate .and s ecifc response to each and ievery articul ar of the complaint, or a denial of any knowledge or information thereof. sufficient to forma belief, Any allegation of the complaint which is not denied shall be deemed admitted. f5) If an .answer is filed, the procurement director _shall cause a copy of the answe to .be :served on the com lainant... if the resp ondent -elects not to answer the .complaint. then the matter shall proceed on the evidence in support of the complaint. 6) Whenever a verified written complaint is filed . ursiiant to this division the rocurement. director shall , *make a Pro m t investi ation of te- iqv6s#gate ail , allegations :of violations _in connection therewith and forward to the city manager a written summ aLiL of the .investi ation . f ` th� d ivi " 'ate within' 396 days after the. complaint is fled ,: , upon his/her. review of the comp lai nt. answer.-Of filed), and investig°ation cit mans ,er determines that�a violation bf this division/ has o ccurred, # the city shall, vtirith`in th,�irty days of a finding of nonco.mpliance, :issue .;a _notice of corrective 'action in writino, af the respondent; e ,specifying .ap 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: If a esppndent fails to comply. wth�' any or - all of the resolutions for the identified violations; within the deadlines provided -in the notice, --wed the city manager ' may issue an -order-, in' writing to the respondent by certified remit or hand delivery, iotrfyirig the respondent to appear at an administrative hearing before i one of the cityt's sitting special masters: to be held- at a time to be fixed in such orde , A copy ,af the order shall also be sent to •the.-com lainant . b certified "Mail or'hand delive :8 The city inana er shall :,also rovide - a written re ort to the cit torrrirnission, inforrriing them of the complaint which report shall` include a brief summary of the facts at issue the results - of the cit 's investi �ation. - and., the. ' recommended administrative disposition of the complaint f including any finding of non -com fiance and subse €gent recommendation for correctives action ).. (42). The hearinc proceedings shall be irif arma1, Vi shall' afford the n Go;#=s respondent the fighi to testify in h sYher SePAG9 G9RtFaQt own defense present witnesses; be represented by counsel, subrttit relevant .evidence, cross examine w' tnesses object to evidence. (��O The proceedings.. shall b e recorded and :minutes kept by the city. And respondent requiring verbatim minutes fvr judicial :revienr may arrange for the services of a court reporter :at, the expense of the .else sePA respondent . -s=ef on the Blase .of tl7e hearin the :s.na�ar— speciat mast li pity manbgegs Glesigne shall render a decision in writing defie.rmining' Wh6ther.or not the espondent is in conipliahce _ or whether other action should be taken;- or whether the matter should be continued, as the case rn:ay be and stating the reasons and . findings_ of fact. .. (4 12 ) The city this sit} -.gieFk and shall .send a true and correct,copy of 41sthe order by certified mail return receipt requested, or by hand delivery to the . respondent and complainant - X13 The si F aaage ' special master's . _} -- findings shall constitute the final ad inistrative action of the city for purposes cif 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,' i - accordance with Section 30 -77 hereof. ( ;R 4 If a respartctent fails to seek timely ,appellate review of an order of the i special m aster or to core ply timely such order,. the city may: pursue the er force.ment of sanction set forth in section .241 O(c). (c) Private right of action against sep.4G6 GOM. overed .ern !o er. Any covered - employee 4. or former covered employee of :a service contractor tray; instead of but not in addition to. .ut .the . - administrative complaint procedures in . section 2 -41 O Nb #mss , bring an:action to enforce the provisions ofthis division by filing suit against the - covered employer in any court of competent jurisdiction -4e , and -- ceste: Uoon a fthding by a court of competent iurisd ction that a covered e'rn plover unlawfully withheld wages under this division, such covered employee shall <be entitled - to an award of - unpaid or underpaid wa es to reasonable costs and attorney fees and. in addition to liquidated damages in a sum eq ual to twice the amount of gapes the covered employer is found to. have unlawfully Withheld 'in order to compensate the covered employee- for the economic losses they suffered by r eason :6f not receiving their wage at the time it-was due and in order to deter future 'no''ncomolian6eby the covered employer. '`l he applicable statute.of limitations for such a claim'will be two . ears as,:prov ded in S. -- ection :95.'l''l (4 } {.p , :Florida Statutes, as same -may be amended :from'time to time; for an :action for payment of wages. The. se64 s Q4(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 em i}e contractor's expense for aaGl; Ahe 'affected covered employee and :may also ss - the fallewiRg the following actions (1 The c ity may impose damages, for: each week that covered employee was found to have not been paid in accordance. with this divisJ6n; and/or (2) The city may suspend 9� tart, ,Rate p a yment under -the covered services coratraC# andJ orterrninate the contract with the service contractor; .and/or -(3) `The city may declare the empi service contractor ineligible for future service contracts for up .ta three aLyears or until all den es- ed restitution #ave be.eri paid in full to the covered employee and all - penalties (if .any) .raid: to the city whichever is longer: - and/or i In order to compensate the city for the costs of investigating and remed the violation, the city may also order the violating covered employer to ;Pam the city's reasonable costs (for investigating and defendinq the complaint . and remedying - the violation ). Such funds shall be allocated and used to offset the costs of implementing and enforcing - this.. division. Vie} Public. record of sanctions. N1 such sanctions recommended or imposed shall be a matter of public.record. {f} Sanctions for aiding and wetting. the sanctions in section 2.1 { shall also apply to any party or parties aiding and abetting in:any violation of this division. F (g) Retafiation and discrim.inaflon b. d. A co'. he employer shall not discharge reduce the "compensation 'of, :or 'otherwise. discriminate or fake 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) under this: division or :informing any person about anV 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 (c) shall aoplV to and person who mistakenly, but in good faith alle es :non -cbm fiance vA.th this division, Taking adverse ac #ion against a person within- ninety (90) dawof the person's exercise of rights protected tinder 'this division -shall raise a:rebuttable presum Ption -of navin o done so in retaliation for the exercise. of such right Fig her ghts- i4p&F this i i ` Allegations of retaliation or discrimination, if found true .ice . . undwpa; graph shall result in are order of 'restitutidn and reinstatement of a discharged covered .emp1byee irtirith back pay to the date of the filing of the complaint with the city "deemed appr-epr4ate. (r?) Ertforcerrrenf powers. lf' necessa r far the enforcement of .'this. division,. the ci #y commission, - may issue subpoenas, .compel the attendance and testimony ; -of witnesses :and production of books 'papers, - records., and documents relating to payroll records necessary fc?r Bearing, investigations; and proceedings. In .case of disobedience. of :the subpoena; the city :attorney may apply.to a -court of corrtpetent. jurisdiction for art I order requiring the. attendance and testimony of Witnesses :and production of books papers, records, and dacutnertts, 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 docurriehts- .fas the case tray bel is relevant or necessary for such hearings, investigations , or proceedings, may issue .an order requiring the attendance _or J testimony of such .witnesses or the production of such .docum' eats, 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 clalrb 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. hoWeyer: that if a complairiarit has Previously initiated, or initiates a civil action in a court of com tent jurisdiction alleging a. . violation of this division. or other _matter. with respect to the same 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) Within the iurisdiction of the city under Ahe administrative .complaint procedures established herein TO SECTION SEVERABI.LITY. if an sectio sentence., claus6 or p hr a se . of this .ordinance is .melt! to be invi�ld or unconstitutional by any court of competent jurisdiction, then said holding shall in no moray affect the validity'of the remaining portions of this ordinance. SECTION 3.. CODIFICATION. It is the intention of the, Mayor.and. City Commission of the City of Miami Beach, and it is hereby .orda.ined that the :provisions of this ordinance shall'bedome And be made it part of the ode of .the City of Iviiami .Beach, Florida. The se ctions. of this ordinance may be renumbered or relet Bred to accomplish such intention, and the word %rdinance' may be changed , to "secti on'', "Xarticl or other :appropriate word. L SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect :ten.days following adoption. PASSED :and ADOPTED. this. da �f ��� . 21J'9 Q. v ATTESTS j ItdfA'YOFi CITY CLERK F lafto\AGUR\RESOS- ORDtEwing Wage Ordinance - 1 mendrnent (second; i Reading =9 1:0 }.docx APPROVED AS TC Fi - O & `L,ANG UAGE ,. &FMEXECUUTION b a bit Y . Qrne"_"�' to