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Amendment 3 Omarcio } AMENDMENT NO. 3 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND OMARCIO CLEANING SERVICES, _INC. CONTRACT NO. 04- 07/08, DATED OCTOBER.1, 2008, FOR JANITORIAL SERVICES This Amendment No. 1 o the above subject Contract is made and entered into this I I day of , 2010, by and between the CITY OF MIAMI BEACH, Florida (City), and OMARCIO CLEANING SERVICES, INC. (Contractor). t WHEREAS, the City and Contractor enter into a Contract for Janitorial Services, on October 1,. 2008, pursuant to Request for Proposals (RFP) No. 04 -07/08 (the Contract); and WHEREAS, the Contract is subject to the . City's Living Wage Ordinance (as described below); and WHEREAS, at .its meeting on June 9, 2010, the Mayor and City Commission adopted Ordinance No. 2010 -3682 (which Ordinance, is attached as Exhibit "A" hereto), amending certain provisions of the City's Living Wage Ordinance, as codified in 'Sections 2 -407 through 2 -410 of the City Code (the Ordinance);and WHEREAS, the primary purpose of the amendment to the Ordinance was to adjust and increase the hourly living wage rate paid by. service contractors covered -under the Ordinance to their covered employees; with the proposed. increases to be phased in over a three year period, commencing on October 1, 2010; and 4 WHEREAS, the amendment to the Ordinance also amended the definition of ti "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 rprbvisions 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. J I l NOON, 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. i 2. Pursuant to Section 2 -408 of the Miami Beach City Code, as same may be amended from time to time, ' service contractors -shall be required to pay all employees who provide services pursuant to this Contract, the hourly living wage rates based on the following three (3) year phase -in approach: • Commencing with .City fiscal year 2010 -11 (October 1, 2010), the hourly living wage rate will be $10.16/hr. with health benefits, and $11.41/hr without benefits; Commencing with City fiscal year 2011 -12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and Commencing with City fiscal year 2012 -13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, . and $12.92/hr without benefits. 3. Effective October 1, 2010 through September 30, 2011 the annual contract amount is changed from $385,089.60, to $389,284.80 which represents a total annual contract increase of no more than $4,195.20. 4. Effective October 1, 2011 through September 30; 2012 the annual contract amount is changed from $3,89,284.80, - to $389,781.60, which represents a total annual contract increase of no more than $496.80. 5. Effective October , 1, 2012 through September 30, 2013 the annual contract amount is changed from $389,781.60, to $392,017.20, which represents a total annual contract increase of no more than $2,235.60. . j 6.: Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect.. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] i L F: \PURC \$ALL \Cristina \Contract Amendments- Living Wage\Janitorial \AMENDMENT Omarcio.doc f 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: ovt t kt'k By: . City Clerk Ci an e - - 3 3 11 3 3 /I • Date Date FOR CONTRACTOR OMARCIO CLEANING SERVICES, INC. a ATTEST: Secretary President el, A.4YA G 74 CJ CPi��4�• � (� f�YG / � 7'1" " �'�/f 10 ._ Print Name Print Name I Date Date APPROVED AS TO FORM & LANGUAGE a FO R EXECUTION Z '3 i Attome e I F:\PURC \$ALL \Cristina \Contract Amendments - .Living Wage \Janitoria1\AMENDMENT Omarcio.doc EXHIBIT A ORDINANCE NO. 2010-6$2 AN. ORDINANCE OF THE MAYOR ANC CITY CCatl 11 ISSi'C ht OF THE CITY OF MIAMF. BEACH, FLORIDA, ,AMENDI CHANTER " 2 OF THE CITY` C ODE, ENTITLED, s' AD'MINISTRATION;" BY : ARTI VI THEREOF ENTITLED, "PROCUREMENT 'BY .AMENDING 3IVIStC�I�# 4 E�dTIT�.ED �t LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AN CITE EMPLOYEEW!, SECTIONS 2 -407 THROUGH 2 -410 THEREIN; AND PROVIDING FURTHER FOR CODIFICATION- .. - SEVERABILITY AND AN _ I FFE+C` IVE_DATE. I C 4 /, 'HEE EF ?F 1= BE 1T ORDAINED BY T14E MAYOR AND GMM SSION 0FTHE`CIT'f OF lililAMI BEACH,.' FLORIDA SECTIC7N'1R That Chapter 2;'.Artidle Vi, Division, Secrn:.2 -47 thrc�ug 2-0;,: of :the. Code cif the City of tVl Beach, .Florida,. °is hereby: amended as follows, DIVIS101 QVING MACE -RE UIREM.ENTS FO{ SERVICE CONTRACTS AND CITY ' EMPLOYEES -4 Cr .means the government of Miami $each . or. any ;authorized agents: .any boardt - agency. commission, department, or :other entity1hereof, or any successor thereto. 'overecl employee means a:nycne :employed by - the city or -.any servic : contractor; as' further :defirte{n :this division; either fuli :or dart t'trne, as . an .empipyee. with or Withou #. benefits Coverer .ernploerrrmeans the city and soy and all :service contractors Whether dontradting directly or indirectly Wth the city and':su.bcontractors of a:service contractor. Health benefits shall. at -a. minimum.. mean health insurance covers a which cflnsists : df Wellness and• reventive care `inciudin ' maternit' and that 'meets the re c' irements of a "standard health: bereft plan" as defined in Subsection 627 6Sg9[123[b�[ Florida Statutes as may..be amended from time to time Service ;cohkaclorr is any individual, business, e� corporation (whether for profit or not for prop #), partnership; limited ijabil it company, join# venture, or B imila other business: e ntity. who is conducting :business in Miami Beach, ` D -Ide 4' - r 'artd who is sithen i 1. ?aid_in whole o.r..art from one or more of the city's g:eneral'fund, capital project 'find , : special revenue funds, or any other fund$, e4ha� . i &8Gtly 0# =+ whether by competitive 'ai process, :i nformal bids; requests for proposals, some form of solicitation, rlegotiatiar, or agreement; or any other decision to enter into a contract; or 4- 1 engaged in `the .business of: or part of, a contract to l 'rovtde, or a subcontract -to provide, ' . - i ' , services, e4ie i= - y- : the `benefit :of the City. :Nbwever; this does not, applyki contracts related ptimai rily to the sale of products or gpod §. Covered services are the type of services purchased by the city that. are.s.ubject.to the requirements of this division which include the following: 9 City ervice :contracts. G�ontracts involvin the ci �s ex enditure :of ever. y g ty'' :: p 1 00 per year and which include the-folloA ing types .of serv.ices > a Food pre a -afb and /or distribution;' b. >Securlty services* v.vi.itiiu Yna[Ejte;'; ice se�utceS: s as Gustad�al, cleaning, g 44t,. ref'use::rernovaE, repair, re inishina. and recycling; d: 1'er cal: or Qther non supervisory : office. work, whether temporary . or permanent; - e, Transportation : :fo nd parking,.services =:: - -f. Printing and reprodu ser�rice ; f i g. Landscaping, . lawn, and or agricu services;,: grid h. Park and ubiic t � kintenance. 2 Should any senvcs included in subsection (a) -- (M ' that 'are :bung peormed by city erhplQyees at.:the time this diisar.is enacted. be solicited in the future by, the city to 'be .performed .by ,a service contractor, such services shall be .covered :services °subject`to this division: :sec. 2 -40.8, 'Livin.g wage, . ( a) , .: Livih. wa a p 8id. (1 Sery c.e.,contractors. � °service contractor , f entering into a covered services : contract anvith the city shalt `pay to : all its ernployees':who provide services cove red `.b' this ciiuisit�n, a living wage of no less than $ . .28 an 'ho:ur :with health :benefits, -or a Living wage of not less than - 1'2:2 ::an :hour witho:ut:health :benefits, (2) Phase: rm _ Effective October 1: 2010, the living :wage in subsection (a) will he implemented on a phase -in basis beginning in the. 2' PQ4 ' DQ2201 &-2011 city budget year, .increasing on an annual basis incrementally so that the living wage is fully implemented for covered employees in B3- - 284)42Q12 -2013 ciity budget . yea rL' (b). Health benefits, eligibility perod For a covered.erriployer or the city t o corhply with the living wage recuirements of this division by choosing to pay the 'lower wage scale available when a covered erhployer also provides health benefits; such health benefits shall consist of payment of at least $ 1 642 :pe.r hour toward the :provision of :a health benefits plan for covered employees and their dependents. If the health .benefits plan of 1144 covered etnployer GO the Gity requires an "initial period. of employment fora new a pi yee to be eligible for health 'benefits (6ligibili period) the.living wage p reduirements of this division shall be :deemed to behave been :compAed With during the eligibility period 1 provided the - covered employer-a;- l It commences to pay e the acplicable a Wing e rate without health benefits , effective as of the. date of hire.: the to employee: Upon completion of the eligibility period, and p ,ovided the renew . emplojree will be provided heath benefits, :a covered employer m:ay comMence:to pay.the 4smG" applicable living wade = rate =with health benefits Proof of' provision of hiealth benefits ;must be submitted to :the . ru e� procurement director to qual fy - for the wa., rate for .employees with. health benefits: c Annual O en EnrollrnentlElec#ion ,bt Be"hefts If :a covered em ice ee is: : being. Paid the hourly living waste sate with health benefits acid :elects during such period of time but no less than once :during the . cbvered em. 10 er's.:fiscal ear on which the covered enployer' its emrlo�+ees an otapertunit�r to change their heal #h benefits aian c ©verage 11ere�nafter such electron eriod shall. be referred to as .the "annual :o en enrollment to no longer :continue rece:iving caveraoe under the employer's health benefits plan then r oW#hstandin Ahe .covered em 10 bfs continuing to gaffer a health - benefits jolan to employees the covered ei11 Icy ee (electing out .of �c6vera e durin the ar�rival. en rollmerY# . eriod shall: b the next a ertc�d: 'be a'id .the :a licable hourl "living wa a rate - without health benefits. The covered empl6yer 'irtay in its reasonable iudgment and discretion deterrni the length of time Using the proaosed three (3� year phase -in commencing w city fiscal year 2tl'1 Q -1 "l (October 1 2010. the livirio wag rate will be 10.1.6/hr_. with health benefits. and V1.411hr without benefits; commencing with c ty:.fiscal year 2011 -12 (Octobe r T 2011) the living wage rate will be X10 721hr with health :benefits abd $.1 :2.17 without benefits: and commencing with .city - fiscal ear 2.012 -13 October 1_ 2012, the liviritt gage rate will be 1hr $11:28with health benefits, and X12 921hrwithcut benefits 2 Using the ro osed three (3 ) vear hase -in pursuant to Section 2-408(2), commencing with cif fiscal Year 201'0 -1'1 (October 1, 2010): the health benefits crate NWHI be at least SI 251hr commencing with mcity fiscal year 2011 -12 (October 1: 201.1 . — ). the health benefits rate will be - at least S1 45 /hr° and commencing with city fiscal year 2012=13 (October 1 20'12) the health benefits rate will at least $14641hr for the annual open enrollment eriod: may require erri 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 continUo to :pay the covered employee the applicable "hourl living wag rate with health benefits. (de) Indexing. The :living wage rate and health care benefits rate wii# may, by reso }lion of the city commission be awteaatiG indexed eas}a � YeaF annually for inflation using the Miami PMSA Consumer Price Index. for all Urban Consumers (CPI -U) Miami /Ft. Lauderdale, issued by the U.S. [department of Labor's Bureau of :Labor Statistics. Noty ithstandinq the preceding. no - annual index shall exceed three percent (3 nor shall an annual increase exceed the corresponding annual compensation increase if an provided to unrepresented (i.e. unclassified city employees: The city commission may also by resolution, elect not to index the living wage .rate in an. articular year, if it determines it Would not be fiscally sound. to implement sameth fin a particular year. The determination to index (or not inde)0 the living wag rate -shall `be considered annually du6n 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 rate.. and thereafter determines that making u all or -an part of. the prior year's (or years') unindexed p ercentage would not have an ' adverse "fiscal iin act :u on the OtV,Ahen the city commission shall also , have the n bt; but not the obligation to cumulatively index the IiyinQ vtrage rate to " make - up" .for any deficiencies in 'the prior wear (o ears ) where there. was. were no increase -s the "catch u o" election). The � atch_u " election must be approved by resolution, and may only !be considered during `the city commission's review and :approval of the city's annual operating budget. (ed) Certification required before.pay -meat. Any and .all:cbntracts for covered. services tha tay be void and no funds tray be released, bnleiss poor fo entering any agreement With the city for a covered;;sery ces car�tract, the �m�� service contractor certifies to the city th t it: will pa.y each of its - - covered emolovees no less'than the living wage described. in sect ion 2 - 408(a). A copy of :this :certificate must. be made available to the public upon request. The certificate, at a n Must include the following ( The name, address, .and .phone number of °the covered : err ployer, a 'focal contact person, -and the specifiq: for which the Bovered_services contract:is sought; (2). The amount -of the covered sere ices contract a brief description .of. .the project or service provided. and the -city department the contract: will sense; } { A statement of -the. wage levels for all employees; and {54_) A commitment to ° paY all .c overed errip}oyees a che living wage, as defined by section..2- 408(.x) and including, without limitation any annual indexes thereto .. (as provided in section 2- 408(d) 4 fe) Jbservation of other laws. Ever y covered employee shall be paid not less than biweekly, and without subsequent deduction ar rebate on any account (e�.ccept as such pay rall deductions as are directed or permitted by law or by a collective bargaining agreement }. The covered employer .shall spay covered employees wage rates in - accordance with federal and all other applicable laws such as .overtime and sirmiilar wage laws. Postin G� 9, A copy of the most current living wage rate shall be Dept posted by the covered employer' at:the site of the:work.in a,prominent .p,face where it can easily be seen an�f read by - the c©verec employees. and shall also be supplied to thaan employee within a reasonable time after a request to do so; hosting re:guirements will .riot be: required where the covered employer prints :the follovVing .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 $ dollars NOTE: Covered a ld er try insett. ap2licable living wa a rate an hour, if you are not paid this hourly rate contact your employer, an attorney, or the Gi #y :of li�iarrti Beach :'' All notices Will;be. printed iii English, :Spanish, and :Creole. Q)g Coliectr "ve bargaining. Nothing in this division shat( be read to require or.authorize an covered em to er to. redu wages. set b a collective barg a rit or was Y l� y g y 9 g. g required reeme under any prevailing wage law. i T , jP credit ex:ena Pion. For a covered emp who re ul arly receives ti s or -gratuities (hereinafter "tips as part - of his/her pay' a covered employer gill be exempt from payrnent ' of the applicable hourly Wing wade rate for 'such`emo1oyee provided that fhe followino requirements are met; 1. In `order to g ualify1or the ekce otion. the covered employer .must claim : a 'ti credit" under the ifederal Fair Labor Standards Act ( FLSA)• ` 2. The exception shall or ;ly at_bly to covered .einolouees Who receive tips as art of :their compensation ( Le. wane .s. bartenders hostesses busboy etc: 3. The covered em to er shall be s6lelV res onsible for.assuring that all figpgd covered employees meet the eliriibiility requirements for the tip :credit underthe FLSA: 4. The covered em olo er may bnl - credit toward satisfaction of the':a: licable hourly living wage requirement, tips up to the maximum .amount of the allowable t[]2- credit', and 5. The -covered ern to ee's ti s Plus direct fiourly.wage combined must add u to at least the apoficable hourly :living wane rate. lotwithstandir a anythin,i in :this subsection tipped covered employees must receive at least a° livable hourly livin wa a rate rnrher► their direct wages and tips are combined. r Sec. 2 -409. Implementation. (a Prt�c rremei3t specifications. The living visage s.hali be required in the p specifications. for all Covered services contracts :ori wiich bids or proposals 9hali --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 'the city. All :covered 'service contracts awarded subsequent to the date when this division becomes effective = .:shall be subject to the requirements of this division. - pro curement specifications for cis covered services contracts shall include appropriat=e in formation about the: requ:irerr�ents of this. division. (c Wntenancve Of payroll records. Each covered employer shall maintain .payrolls for all covered employees -and basic records relating there a and shall preserve them for a period of three , () years or the teen 6f the covered services contract, whichever. is greater. The. records shall contain:: (1) The, narne:and'address of each covered employee,, 2} The job title and classification; (3) The number of hours worked :each day; (4 ) The grossmages :earned and deductions made; (5.) .Annual wages pa�cl (6) A. copy - of the:so:c al security: returns and - evidence of payment thereof; A record .of fnrage 'benefit payments: .'t.ncluding con tributions to approved Plans, and (8) .Any oth data or information this, dirson should require from tune to time. (#p) ReporUng.payroll Every six. months, the covered employer shall file with the cityrs . procureme,nt director a c omplete ppyrall showing the covered err�ployer's iaayroll records for each :coven:d emptayee v+rorking on .the. covered services contra t ' for one payroll period. Upon request from the city., the :covered :employer shall produce . its : payroll records for any or all of its covered employees for <any :period covered 'by the covered - .services contract.. The'-city, may exam'ine inspect. and/or coray such payroll records as needed to compliance with the requirement of this division Sec. 2-41.0. Compl:ia.nce and enforcement. (a) Service contractor to cooperate.. The se vice contractor :shall permit the city empleyeers ' to. observe work being performed at; in, or on the project or matter for�which the covered services contract - was issued The city ;;e e4#� may examine the books and records of 'the service contractor relating_ to the - ... ................. ............................. _ ..... _ ..... __........ - _... .......... - ...- ...._..:._.: ... ... ..... ...... _..__........... _.. _........ - -... _ . i employment and payroll to determine. if the service .contractor is in cofripliance with the :provisions of this di vision. ( Cornplairrt.procedures and sanctions. (T) X; covered employee or former covered employee, who believes that this division :applies to him car her and that a covered employer .ar - t ; is 9; not complying with the requirements of this division has .a right to file :a;- administrative complaint with the pF �,- a diFe6t 9 city pr6curemerit director Any individual or entity may also file a complaint w ith the procurement director of the - city on behalf of cove employee for investi'gation.by the city. (2) Complaints by employees of alleged violations shall be made in writing . within one 1 gear after the alleged violation occurred. .No complaint shall be within .the iutisdiction of the city under the administrative complaint procedures in this division if the com Taint is filed more than one 1 ear after the alle ed violation practice occurred... . 13) The complaint shall be signed by the person making the complaint Khereinafter, the "complainant") and if the complainant- is not the covered employee. 'bv the - covered employee as well; shall be .-sworn to or affirmed; and shalt, at .a >minimum, state the full name and address of the complainant; the full name and address of the wvered employer against who - the corn p laint is beig made (hereinafter. the "resoondent "); the facts upon Which the corno aint is based and such other information - ma be required - by the city, The com faint may :be filed by personal defiverv., ordinary mail, or certified mail addressed to the :city's :proc: irement director may be made.. -at ai�y t4me and Rhaj! be 'he emple yt L44) i t shall 's procurement director shall ratify the covered employer named in the complaint (the "respondent ") by providnct the employer with a, copy .of the cdmptaint' b certified mail or personal delivery . Within -thirty (3Q)' :working days after a copy of 'the . complaint has been served upon the respondent bV the procurement director ::the :respondent may file an answer thereto. If an answer is filed. the answer shall be in writing and contain at,a minimum a. separate and s ecific rtes onse to each and every particularof the complaint, or a denial of and knowledge or information thereof. sufficient to forma belief, An -allegation of the complaint which is not denied -shall be deemed admitted. 5) if an .answer is filed, the procurement director .shall cause a copy of the answer to .be nerved on the - com lainant. If the res ondent elects. not to answer the complaint. - then the matter shall proceed on the evidence in support of the complaint. 7 f� Whenever a verified written complaint is fled pursuant to this division the rocurement -director shall slake a rom t investi ation of �stigate all allegations of violations in connection therewith and forward to the city manager a written summa of the investigation ' ` . within 3Q 60 days after the complaint is , filed . I., , upon - his /her review of the complaint. answer ( if filed). and inV.estigation, the city manager determines that a violation:of this division has occurred, #tb e city shall, within teothi (30) working days of a finding of noncompliance, .issue a notice of corrective action in writing, sfto the respondent: e� speoifyi:ng all areas of noncompliance a n d .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 b.V hand delive If a eorident fails to comply with a n y or all of the resolutions for the identified violations within the deadlines movided in the notice. issu the city, : man:ager ' may issue an order. in writing, to - the. respondent by certified mail or hand - delivery, notifyih the respondent to appear at an administrative hearing before one of the city s sitting special masters. 'to be held at a `tune to be fixed in such order, A copy of the Girder shall also be sent to the.-comijiginant bv certified mail 'or'hand delive 8) The city - mana er -shall also.. rovide a written re ort to the cit commission; infbtrn+inq them of the complaint, which report shall include a brief summa of the facts at issue - the results of the ci 's investigation, - and the. recommended administrative disposition of the complaint (including any finding rif non =corn liance and subsequent recommendation for corrective action )„ ( , 1- 9) . The hearing :p roceedings shall be iriforrr�al, wind shall ..afford the ise raGte respondent the right `to testify in 'rs /her own defense, present Witnesses be represented by counsel, submit relevant: evidence, cross exam ine witnesses and :oh�ect ty evidence. (�l0) The proceedings shall be .recorded and :minutes kept by the city. Any Se. i0o re_ soor cequiring verbatim Minutes ftsr judicial review may :arrange for the services of a :court reporter at the expense of the sew eentPa respondent A`11 i n 4th i - , te rn- day g its .,�..,) �� the close the hea�in, ,the .c a� age� special maste shall render a decision in writing determining whether or not the respondent is in compliance, or whether other action - should be taken,* or whether the matter should 'be continued, as thei case may be T . and stating the reasons .and. findings. of fact. { The city , the- sity GleF4� :shall :send a true and correct copy of his order by certified mail, return receipt requested, or by hand delivery, to the :" respondent and compla inant .. i I a special 'master � _1 3) The sity�- � ' � � .findings shad[ constitute the /iris! - administrative action cif the ,city for purposes 6f judicial review under state law: An - aggrieved Qarty. including the city administration may a 'a final administrative order of a special master to the circuit court in accordance With Section 30"77 'hereof. if a tFaGtGW dent fails to seek -timely appellate review of an order of the s ecial master «x r; . a; ; a @ eF 'E. 4esYgned or to comply ti mely .with such order,.,. the city may: pursue the erfarcement' o f sanctions set: forth in section .241 O(c). .(c) Private ofight of action :against eovared' .gm1oyer Any covered employee • or former cov ered employee of a service contractor may instead of but not in addition t4., .utilizing the G4y administrative complaint procedures sew#h in section 2 -41 Ofb 11 4 , bring, an :action to enforce the provisions of this division by filing suit against the 'covered employer in any court of competent jurisdiction -4e { fees and. serer. Uoon .a findin g by a court of corn etent - jurisdiction that a covered employer unlawfully Withheld .wades :under this division, such covered .employee shall be entitled to an award of un aid or underpaid %wqges, to reasonable costs and attome s fees and: in addition t o liquidated. damages in a sum equal to twice the amount. of wages the covered. employer is found to have unlawfully withheld in - rder to compensate the. covered- employee for the economic losses they- suffered by reason.of not receiving theirwage at the time it-Was due and in orderto deter future noncompliance by the covered employer. ` The applicable statute o f limitations for such :a claim will be two year , as :provided Section <95 1 '1(4)(c ), Florida Statutes, as same rnay be amended from lime to.tirne, for an:action� for p��rrnent ofi wages, - r "o ^ ^,.# r ^.. - .' - .. 4109 impase .9 -the msepAre { (d) ;Sanctions against. service contractors'. For ltiolations of this. divisloCl, the Gity shall sanction a service contractor .4y requiring the service contractor'tb pay Wage restitution -at the e4s contractor's expense for the affected °eQVred epioyee and may also asspsis the foIIGwing the folloWihg actions t) The* city rnay.im ©se rarnages, for' each week that the covered employee ,was found to have ' riot been paid in accordance with this division; and /or (2) The city may .suspend 9 +°rr.,;iRa payment under :the cowered services contract -and / or terminate the contract with the service contractor .and/or (3) ' The city may declare the service contractor ii heli:gible :for future service contracts for uR to: hree L3Lyears or until all peRaltier, and restitution #a ehas been paid in full to'the covered ern to ee and all enalties if'an cold to the city whichever is longer: - and/or 4iq aeldities, all emplpye% shall be - 9 I i f In order to compensate the city for the costs .of investigating and remedy the violation the city may also order the violating covered employer to pay the "c ity's reasona costs (for i n v e stigating and defending the compl:air►t and remedying the'violation ). Such funds shall be allocated and used to offset the costs of implementing and enforcing this division. (e) ,Public. record of sanctions. All such sanctions recommended orirnposed shall be a matter of public tecord. Sanctions for aiding and abetting. The sanctions in section 2 - 1 Q(sr shall also apply to any party or parties: aiding andabetting in any violation .of this d (g} Retaliation arse! d iscrimination ,barred. A covered e mployer shall: not discharge, 'reduce the compensation :of. .or 'otherwise. discriminate or take adverse action against any covered .employee in :retaliation - for exercising -the rights protected under this division including without :limitation, making a complaint to the city,. ., 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 Ootential rights under this division and to assist himfher`in assertinq :tuch Protections under this subsection (g) shall apply to any person who mistakenly, but in good faith alle es '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 arebuttable presumption-of having done so %n retaliation for the exercise. of such right . this d ivisi Allegations - of .retaliation or disc if found true shall result in -an order of restitution a nd reinstatement of a dischar covered employee with back . to the date of the tilinq of the complaint with the city deemed apprqpr4 t? Enlcarcerr�ent powers. If necessary for the enfo£ cement of this division„ the city commission. may issue subpoenas, compel the attendance and testimony of witnesses :and. Production of books, papers, records, and documents relating t payroll records necessary'for hearing, investigations; and proceedings. In case of disobedience cif .the subpoena,, the :city attorney may apply.to a:-co U'rt of competent jurisdiction for.an.order requiring the.-attendance and testimony of rvifnesses and productionlof 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 Jas the case may bed is relevant ar necessary for such hearings, investigations or proceedings, may . issue an order requiring °the attendance or �. testimony of such .witnesses or -the 'production of such :documents, and any violation of the court's order maybe 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 clairn for relief to enfotce.the ri.ghts.under this division in. a court of law., This division shall not be construed to limit an employee's right to bring a. common law cause of action for wrongful termination provided, however. that if a complainant has preViously initiated., or initiates a civil action in a court of comp etent 'urisdiction alleging a violation of this division. or other matter. with respect to the same grievance Which is the'subiect of an administrative. complaint ursua.nt to this division; then the administrative complaint. shall not f or shall no longer be.. as the case may be) .Within the iurisdiction of the city under the administrative :complaint procedures established herein . i 10 I I �. _._.... _.. W ..:,� _............ i i SECTION 2. SEVERA BILITY. if . any section, sentence., clause: or phrase .:of this .ordina is he ld to be invalid o unconstitutional by any court of competent jurisdiction, then said holding .shall in no w y affect the validity of the remaining portions o f this ordinance. SECTION .3 CODIFICATION. It is the intention of the Mayor and. City ComrnissiDh of the City. Of Miami Beach, and it is hefehy ordained that the :provisions of this ordinance shall .' corne and be made a 7part of the Code of.the City Miami Beach, Florida, Tire sections. of this ordinance inay.be renumbered or relettered to accompi sh such intention, and the ward "ordinance may be changed , to „ secti ©n' "article,." or other :appropriate ward. SECTION 4. EFFECTIVE DATE. This Ordinance shalt take :effect ten:day&f011owing1 adoption. PASSED ..and ,ADOPTED this t .;day of 2010. ATTEST. a - MAYO `CITY CLERK F ORD1LiVjng Wage Ordinance Amendment �Second:Reading 6- 940).doex APPROVED AS TO FOkM & LANGUAGE �... ,rP R'EClri'TL} y o:n� a�