Loading...
Amendment 1 eJ �. AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM SERVICES, INC. CONTRACT NO. 57-08/09, DATED MARCH 9, 2010 FOR PARKING LOTS GROUNDS MAINTENANCE CITYWIDE - This Amendment No. 1 to the above subject Contract is made and entered into this I day of (�aW e 2010, by and between the CITY OF MIAMI BEACH, Florida (City), and SFM SERVICES, INC. (Contractor). WHEREAS, the City and Contractor enter into a Contract for Parking Lot Grounds Maintenance Citywide, on March 9, 2010, pursuant to Invitation,to Bid (ITB).No. 57 -08/09 (the Contract); and WHEREAS, .the Contract is subject to the City's Living Wage Ordinance (as, described below); and WHEREAS, at its meeting on June 9, 2010 the Mayor and City Commission adopted Ordinance No. 2010 -3682 (which Ordinance, is attached as Exhibit "A" hereto), amending certain provisions of the City's Living Wage Ordinance, as codified in Sections 2 -407 through 2 -410 of the City Code (the Ordinance);and WHEREAS, the primary purpose of the amendment to the Ordinance was to adjust and increase the hourly living wage rate paid by service contractors covered - under the Ordinance to their covered employees; with the proposed increases to be phased in over a three year period, .commencing on October 1, 2010; and WHEREAS, the amendment to the Ordinance also amended the definition of "health benefits" to define the type of health benefits plan service contractors would be required to offer their covered employees in order to be eligible to pay .the (lower) hourly living wage rate (with health benefits);and WHEREAS, the amendment to the Ordinance now also provides that the covered employee may elect, during an annual open enrollment period to be established by the employer, whether or not to take part in the .health benefits plan offered by the employer and, should the employee elect to opt out and not receive the coverage, then the employee shall be paid the higher hourly living wage rate (without health benefits); and WHEREAS, in order to assure that covered service contractors doing business with the City continue to comply with the provisions of the Ordinance, as amended, it is necessary to.amend all the current contracts between the City and service contractors subject to and covered by the provisions of the Ordinance; and WHEREAS, at its meeting on September 20, 2010, the Mayor and City Commission adopted Resolution No. 2010- 27514, authorizing the City Manager to'� amend said contracts, to the extent required to bring them into compliance with the Ordinance, as amended. NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good` and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are true and correct and incorporated hereto by reference. 2. Pursuant to Section 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 Jiving 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 $125,882, to $146,040.97 which represents a total annual contract increase of no more than $20,158.97: 4... Effective October 1, 2011 through September 30,. 2012 the annual contract. amount is changed from $146,040.97, to $156,120.45 which represents a total annual contract increase of no more than $10,079.48. 5. Effective October 1, 2012 through September. 30, 2013 the annual contract amount 'is changed from $156,120.45, to $166,067.31, which represents ,a total annual contract increase of no more than $9,946.86. 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] F TUROSALLTristinaTontract Amendments- Living Wage \Grounds Maintenance\AMENDMENT SFM- Parking.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By ; adZ City Clerk Ci nag r 3-0 `?,O t � � 3 o Z oe f Date Date FOR CONTRACTOR SFM SERVICES, INC. ATTEST: By: Secr Pr t Print Name Print Name Date Date APPROVED AS TO FORM & LANGUAGE & FnR EXECUTION 3 tiq y. ttorne Date FAPUROSALLTristinaTontract Amendments- Living Wage \Grounds MaintenanceUMENDMENT SFM- Parking.doc EXHIBIT A : 20-1 Q- -3682 ORDINANCE NO. AN. ORDINANCE OF THE -MAYOR AND CITY COIF MISSIC}N CAF THE CITY 01= MIAMI "BEACH, FLORIDA, ,AMENDINI ' OHA PTER :2 OF THE CITY CODE,. ENTITLED,, "ADt fIN STRATt1J t; "' BY AMENDING . ARTICLE V! THEREOF, ENTITLED "PROCUREMENT", BY AMENDING DIVISION 6 ENTITLED `tLIVING WAGE 'REQUIREMENTS FOR SERVICE CONTRACTS AND, CITY EMPLOYEES. ", . SECTIONS.2-407 THROUGH 2-410 THEREIN; AND PROVIDING FURTHER .FOR CC�3DIFICATION . :SE'#tER;��IE.ITY� AND AN EFF EC`T'IVE DA 11'EY N.OW THEREFORE; Bit IT ORDAINED BY T MAYOR AN D :CITY :COMMISSI ON OF THE CITY OF MIAMI. BEACH, FLORID , - SECTION 1 That Chapter 2, _Article fli division : Sect 2-407 through 2410:: of the Code:of the, City of M Beach, .Florida,Js #hereby: amended as follows: DIVISION. 6. LIVING . WAOE .REQUIREMENTS FOR - SERVICE CONTRA T ,ANa ;CITY EMPLOYEES Sec. 2407..IM1e€It lt t ns. C> .means the government of Miami Beach. or any authorized :agents, any boards -- agency commis iQn, department, or; other entity Ahereof, or eny successor hereto.: Co pA y , ` tY ereci :errso ee means an one employed b the of y: :or zany service contractor, as' further; defined in division; either full c c dart : time, as .an ert pipyee with `or vsrithout, tier e€rts : as an; d6poq4eAt 091*aGt6t. Covered = employer means the city and and and .:all :service cont ractors, whet her contracting directly or `indirectly vvi:th- the city; and :subcontractors af;a;senrice' contractor. Health .bertefgs shall. at a. minimum. mean health insurance coverage vstl�tch consists of Wellness and care Including maternity. and that meets the re 1 1rements of :a "standard health .bene'fit Bolan as etefined 'in Subsection 627. 669902)(b)(4), Florida Statutes as . may. be amended from time to Time: Service earrfraclor is any , t i ndividual, hi�n ^ }� {:, corpora #ion (whether for profit 'oi not for profit), partnership, limited liability company, joint venture, orsimila er , business: who is conducting business in Miami : Beach., Miam ' and who is either - 1. Rpaid 'in whale or..part :from one or - more of the city's general fund, capital project - finds, .special revenue funds, :r or any other funds whether by competitive bid process, Informal bids; requests for proposals, some form of solicitation, . negotiatiar, ar agreement; , or any decision to enter - into a contract; ,or b-.2: e ngaged in "the:business of; or part- :e contract to provide 2L p subcontract tb pQVide, ,. services, eithe for the 'benefit.0 the city. However; this does not., applyto.:contracts. primariiy`to the sale of products or good. :Ca.vered ;services are the ty pe e of services purchased by the .city that are subject.to the " requirerinents of this'di vision wl i. inolude -the following; :( City senuice :contracts. Contracts "involving the city's: expenditure .of .over ' $1:04,000.00 :per year and which include the types of services.-.. a. Food preparation andlor dsrbuton' b� Security services *: l��#o1: t ii r n"'i I%te tr 4 1 z ace: seti v i esS such as : custodial cleaning " e ; .refuse ernoval,.repair, refinishing, and tecycling; :d. Clerical or other non- supervisory office. work,, whether tennporary . or ; permanent.; e. " Transportation and parking :.ser vices, f:. Printing and reproduction seretces g. Landscaping, .lawn, a.nd..or agricultural sericos;. and .h. - Park .arid jaubiic . ma ntenanoe ( Should .any :services included in subsectiom, 1('a). — (h) That are being erformed'b cit err€ lc? ees at. tirrie "thES dvision.:s enacted be.solicitetl in p y Y p l? the future by the city to be,.pe:rformed by A se rvice co ntractor, such services shall be :cove. red :services subjeot'to ;this division; :Sec. 2-408. 'Living - wage. (a) ng wage ..paid. {'1 - Service:.:contractors. n °service contractor , : entedri " .:into :a covered gerVices : contract vwith the cif Y shalt Pay lo all its employeeswho - provide services <covered:b' this division, a wage of no less than $x-59 1.28 an 'ho:ur :with health benefits, 'or a living gage of not less 'than $8= 84- 1"292 :an :hour without: health :benefts, . {2} " Phase -ln Qftyz - eR4p4;)�ges: :Effective October 1: 20'f 0, the Wing.:varacie in subsection _(a) will be imolemerited.�cn a ` r `, ef t4is diw rin base -in basis beginning in the 2;QQ4 ' ,420101 2011 cit. P 9� g Y :Z f budget year; increasing on an basis incrementally so that the living wage is fully irn7plem+rnted -for ai y overed employees in the -�- , 8 4 2fl'f= 2 -2fl13 city. budget. year - T-heFea#eF, tho living wage te''be paid bY the eity. te its; empleyees...6hall i;et te (b) Health benefits; eligibility period. For a covered �erriployer or'the city to comply with the living .wage : pFoYisje i fequirements of this division by choosing to pay tie 'lower wage scale available when a covered erhployer also provides health benefits; such 'health benefits ' shall 1 consist of payment of at least S 1'.64 :per hour toward the :provision of :a health benefits Plan fur covered: employees and their dependents. if the health .benefits plant of.the a covered einployer or the Sid requires an�'init al period of einployrment for a ne emplcwe "to be eligible for health ;benefits (eligibility period the living wage �sieg regdirements o€ ih s divisican shall be :deemed to behave been :complied with duriri the �eli ibiiit enod provided the covered em to er g 9 y P. s p l� y , commences to ay ti applicable living wage ra yvithout health benefits 1 effective as of the .date of :hire of the .covered employee Upon cornpletion of the eligibility period, and provided the view employee will be provided health benefits. -a covered ;employer may commence. to pay the wage s applicable living wage rate Vith health` benefits Proof of the.provision of health .benefit s :must be submitt6d to :the Odin a+ �#y city's Procurement director to qual fyfor the wage rate for employees with 1-ie ftfi - benefits: c Annual £ eri :rnrollrneriflElectiirr.of Benefits If ..a cohered employee is : _beirig.paid the hourly living - rate with health benefits and . elects during such Qeriod of but no less than ' once durin the cowered ftp lOyees :: fiscal ear on which the covered erriployer `ierrnits its employees - an opportunity to change their health benefits Tian coverage 17ereiri:after such election beriod shall '.be: referred to -as .the ":annual o en enrollment eriod to no longer :continue. receiving coverage under the employer's health benefits Plan then -- notwithstartdin the .covered ern (o en's coritirtuin to offer a health :bereft #s Ian to employ the covered ernployee (electing :out .of coverage during the annual.enrollment Period) shall by the rnext a eriod: be, aid the livable fictlrl livin wa e rate withciut health faenef its. .The covered ennploVer May, in its reasonabla iddl ment and discretion, determine the l of time f Using the -proposed'-three (3) year phase -in commencing with city - .. fiscal year. 2111 &I l ('October 1 2010: the Iiuing 4a a rate will be 10.16/hr. with health benefits. and S11.411hr Without :benefits; commencing with city .fiscal :year 2011 - 12 LQctober 1 2011.1 - the living wade rate will be 'S IO 72 /hrwith ; health :bend its. -:aid :$12.17 Without benefits "..and ccsmmencin with:.city fiscal ear 3 fOctaber '1 2012 ,the (iying rate thrill be X11 :28 /hr. th health benefits and X12 92 /hr without benefits LUsing the ro osed three (3 ear hase -in ursuant to Section 2 -408(2.), commendin _ q with c itV fiscal Year 2010 -11 fdctober'l. 2010, the health benefits rate will be at least1 25lhr, commencing with city fiscal year 2011 -1.2 (October 1. 20.1 11. the health benefits rate will be at feast 1 45 /hr' and commencing with city fiscal year 20112 -13 (October 1 20 Q. the health benefits rate will at least $1,64 for the annual o en enrollment 2eriod. ma re wire employees to com lete and. raft rtrn a. benefits election form• :and in the event that a covered .em to ee does not complete .and return such election form to the covered em to ee durin the res cribed time of the annual a en enrollment period. then the covered employer :may treat the covered employee as having elected to continue with the health lan benefits covers e then in effect and. a cco rdingly, may continue to pay tl�e covered employee the applicable'hourly livino wage rate with health benefits. s) Indexing, The .living vuage rate and health care benefits rate ill by - resolution of the city commission be indexed annually for inflation using the. Miami PMSA consumer Price Index for all Urban Consumers ( Miami/Ff. Lauderdale issued b the U. S. I?eoartinent of Labor's Bureau of Labor Statistics Notwithstanding the pLecedipa,. no - annual index shall exceed three Dercent 3 % •nor sha11 an annual increase exceed the comes ondin annual com ensatior increase if an rovided to. unrepresented (i e unclassified) city e mployees The city commission may also by resolution, elect not to index the !loin wa a rafie in any particular year, if it determines itrbuld not be fiscally sound. to irnplertient - sam,:D Jin a particular year,. The determination to index © - not index fihe living ova a rate shall'be considered .annual! Burin the cit commission's reuiew and approval .of the city's annual operating budget In the event that the cit�t corrimission has detenriined in any particular fiscal vear for ears to not index the living Aag i e rate and thereafter dete rmines t afi m.a in u all or an mart of. the prior ear's (or years) ercent e .oulc not have an adverse `fscaf impact -upon the Ct fhen the city commission shall also - have the right, but not the oblig ation . to cumulative! it dex:the living vtra a rate to "tnake_u for an deficiencies in the Prior :ear or earsw ere there. --was were no increases the ` "catch u election). `Che `catch -u " election M ust be approved _ 11y resolution, ma onl be considered Burin the cit commission's review. and approval of the city's annual operating budget p (ed) 'Cerfirication required Before Any acid .all cbhtracts for 'covered. services a ha4May be void and no funds may be released, :prtl�s prior to :ehtedhg any agreement With the:city:for a covered - services contract, the' pk service contractor ce that it rt�es to the cif will pay each of its �cov�ered employees no less than the living wage described in section 2-408( A :co . , )• py :of .this certificate rri> st fie made avallable to the public upon request,. The certificate, ata minimum, must include the following: 1 The name, address, - and phone number of the covered errlployer, a local contact person, and the specific,, far which -the covered: services contract ` is sought; _ {2). The amount of the covered services contract a brief description of the oroie of sdvice provided and the -city department the contract: will serve; (4.1) A .statement 'ofthe wage levels for all employees and { 4) A commitment to: all .covered employees -athe living wage as :defined by section. .2 - 4 8(.a) .:and includin g. without limitation any annual indexes thereto (as provided in section 2 - 408(d) fig) Observation' of other laws: Every covered employee shall be paid not less than biweekly, and Without subsequent deduction or rebate on any account `(except as such payroll deductions as are directed ar permitted by lady ,or by a collective bargaining agreement). The covered empipyer shall ;pay covered. employees gage rates in accordance with federal and. all o applicable laws s then a l such as overtime rt and similar wage a laws. AID g . Cq Posting. A copy of the most current living wage rate shall be kept posted by the - covered' employer at the site of the : work in a ,prom'inent place where it can easily. be seen and read by . the covered employees end shall also be supplied ton employee within a. reasonable time after a request to da :so; hosting requirements will not be required where `the covered employer prints :the follow ing ..statements on -the front of the covered employee's first paycheck and every :six months thereafter; "You are required by City of Miami Beach l.aw to be paid at least $ dollars NOTE. Covered em [o erjo insert a0plicable living v+ra a rate an hour, If you are not paid this hourly rate. contact your e:mployer, an attorney, or the City .of Miarr i Beach." At[ notices will be printed in English, °:Spanish, and 0reole. (b q) Collective bargaining. nothing in this division shall be;read to require or.authonze any covered employer to reduce wages. set by a collective bargaining agreement or ,a;eas required under ariy prevaiing wage law. i I. credit .ex=fion. Fora covered employee who re ularly receives ti s or -gratuities (hereinafter "tips ") as part of his/her pay a covered employer will be exemat -from Payment .of `the- applicable hourly living wage rate for such employee provided thaf the foliowinct reguiroments are niet: 'I. in order to uaJi for the exce tion. the covered employ er must claim a 4 ti credit" under the federal.Fair Labor Standards Act {FLSA)• 2. The exce Lion shall only a l y to covered: ein la eesvho receive 'tips as art of'theircompensation i.e. waiters. bartenders hostesses busboys. etc..), 3. The covered em to er shall 'be scilel ` res onsible for,assuriing that all til2pbd covered employees meet the ell 'ibilit requirements for the tip credit under the FL'SA: J 4. The covered =lo er in onil - credit toward satisfaction of the applicable hourly living wage requirement. tips up to the maximum amount of ithe allowable trp credit; and 5. The covered .employee's ti s plus direct .hourly wage combined must add u to.at. leastthe applicable h:ouriv Jiving wage rate. Notwithstandind anythind in this subsection, tipped covered employees mush receive at . least'the applicable hour/ livin ;wa e rate when their direct wages and tips are combined. r Sec, 2-409. Implementation. (a) Procdremaht specfflcatidns- The living usage shall be required in the p rocurem ent specifications. for all : covered services contracts :or; which bids or : , proposals si 4 -be solicited on ter •after th effective d ate of this d ivision.. The procurement specifications shall include a requirement that service.. contractors and their subcontractors agree to produce all documents: and records relating tq ' payroll and compliance with this division upon request !from the city. All cowered `service contr acts awarded :subsequent to the date when this division becomes effective, :shall be subject to the requirements of this .division. P 64 . AIa procurernerif specifications for c covered services contracts 4 $109 OF FR shall include .appropriate inforrndtion about the�requ:irements of this. division; (sb} Maintentance of payroll records. Each covered employer shalt maintain .payrolls for all covered employees -and basic _records relating thereto and, shell preserve them for a period of three Q_years or the term cif the covered services contract, whichever is., reater The. records shall contain: (1.) The name a nd address 'of each covered employee,. sx {2) The fob title and classification (3) The number -of hours wofked :each day; i v . (4) , The s: wages earned and deductions made, .Annual wages pay ( A. copy of the security: retires and ev of payrment thereof A record .af fns ge benefit payments; _ ncluding contributions to approved plank; and . (8) . Any other data or information this, diVi should require :from time to time. (4c) Reporting payroll. Every :six _ trionths, the covered eirnployer -shaft file with the cit 's - procurement director a complete bayyroll. showing the covered . employer`s p:ayyro!! records for each covered employee working on .th e. covered services cor tract far one payroll period.. Upon request from the city, the :covered :employer shall produce its ;payyroll records for -ah. or all of its covered employyees`for , any period covered by, :covered service contract. The city. may examine inspect.. and/or- copy such payroll records as needed`to.ensure compliance with the requirement of this division Sec. 2- 41.0. C OMPHAn ce and enforce.rrent. (a) Service contractor #to cooperate. The service contractor :shall permit the city id'yeas i 'age ., #s , :- T r-e #ativ to. observe work being performed at, in, . or on the project or matter for-which the covered services contract - was issued The city rep.; cnniatWes, may examine th books and records of the service contractor relating to the { 0 employment and payroll - to determ if the service contractor is in compliancy �nrith the :provisions of this division. (b Cornplaint.procedures and sanctions. (1) A4 covered employee or former covered employee, who believes that this division ::applies to him or her and that a covered employer :the -Gi ; is 9; was not complying with the requirements of this division, has a right to file a- administrative cornpfaint with the sf c: a� f- e city procurement director }env individual or entity may also file a complaint with they procurement director of the city on behalf of covered employee for investigation bu the city. Complaints by emplo ees of al lowed vi olations sh be made in writing . within one 1). year after the alleged violat . oc cdrred. No complaint shall be within :the Jurisdiction of the city under the administrative corn faint p rocedures in this division if the complaint is filed more than one (1) gea after 'the alleged violation ractice-occurred... 3) The complaint shall be signed by 'the person kin the complaint (hereinafter, the "complainant ") and, if the: complainant is not the covered employee. 'by the -covered employee as well; shall be :sworn to or affirmed.; and . shalt, at a minimum, state the full name and address of the complainant, the full name,and address of the covered ernployer ac€ainst uvhorn the complaint is beinq made _ thereinafter. the urespondent "); the 'facts upon which ;the complaint is _ `. based and .such information as be req uired tvy the city. The cam. hint may-:be filed key ' personal deliver., ordinary mail, or certified mail; addressed to the : city's :procurement director 9F fle { ) The ;city procurement director, shall n otify the .covered em to er named in the com laint the "respondent"), b t Y p ( p �. y providjr� the °employer with a.:copy .of the corrptaint' b co ed mail or personal delivery. Within thirty (3Q) .working days after a copy of the. com has* been served upon the respondent . b the procurement director :the respondent ma file an answer thereto. If an answer is fled. the answer shall be in writing and contain, at;a minimum a. separate and s ecific rtes onse Ito each and eve articular of the complaint. or a deni of any knowledge or information thereof. sufficient to form a belief, Any alie aition of the complaint which is not denied shall be deemed .admitted. (5) if an .answer is filed, the 'procurement director .shall dause a copy of the answer to -be :served on the com iainant. If the res ondent elects. not to answer �i the .complaint. then the matter shall proceed on -the evidence in support of the complaint. 7 f6� - whenever a verified written complaint is filed pursuant to this`division the p rocurement director shall make a prompt investigation of 9 irwe al i allegations of violations in connection therewith and forward to the city manager a written summa of the investigation of within X60 days after the complaint is filed If, , upon his/her review of the complaint. answer (if filed), and investigation the cit rnana er determines .that a violation of s. , this division 'has occurred, #thLcity shall, within teRthi n working days of a finding _of noncompliance, .issue a :ri otice . of corrective action in writing, e#to the respondent. lqye specifying all areas of noncom pliance and deadlines for resolutions of the identified violations. A cry of the city manager's notice of corrective action shall be sent to. the complainant and the respondent by certified mail return recei t rye .uested or bV hand delive ED If a esoondent fails to comply. frith any or all of the x resolutions for the identified iiii6lations within the deadlines provided h the notice = wed ; the city manager 9F the Gity4n a Rage F desig may issue an -order, in writing, to the " respondent by certified mail or hand delivery, notifyih 9 . the respondent to appear at an a dministrative h earing , efore the pity manager r #ho ' Git�f 4Y1MY{ISMV�fl[+f g `'J s r - arr�' A d 6 jgi; one of the city -'..s sittinq 'masters. to be held :at a 'time to : be - fined i n such order, whi& date shall be not less than five d-4 4 W A copy of the order shall also =be sent to the.-complainant .b 'certified' mail 'or harrd delive 8 . The city mana e r shall also Provide a written re ort to the cit ccmrrrission, infsrrtiing them of the complaint which report shall include a brief summary of the facts: at issue the results of the ti N's investigation, - and the. recommended administrative disposition of the complaint (including any finding non - com fiance :and subsequent recommendation for corrective action (449) The hearing :p roceedings shall - be informal, 4.utand shall . afford the sere so4#r-aetef the . right to testify in his /her own defense; .present. Wtnesses be represented by counsel, submit relevant. ; evidence = cross examine W tnesses_and object to evidence. (� O The proceedings shall be. .recorded and :minutes kept by the city. Any . rs o�dnt requiring verbatim rr^iirtutes fair judicial review may arrange for the se rvices of a :court reporter :at the expense of €he seise , -ReF respandent . (4'11) in ithi ¢on a . 411 eon 'the close�,of the h earing, :the special master -ity - maRag _ shall :render a decision in writing determining whether or not the espondent is in compliance. or whether other action .should be taken or whether the matter should be continued, as the cgs may be,i and stating the reasons and findings. of The city the gi e� and :shall .send a trine and correct copy of N sthe order - by certified mail, return receipt requested, or by hand delivery, to , the +" respondent and -complainant X1 3 The --er. special .master's gee's .findings shall constitute � ,_.} �- . � l� � � de's � the final administrative action of the city for purposes -cif judicial review under state law.. An - aggrieved- oarty. includinca the city administration, may appeal a final administrative order of a special master to`the' circuit court in accordance With Section 30- hereof. (P'14) if - a i respondent fails to seek timely appellate review of a n or of the ... s ec_p ial master f't►'� R,a;;;�q& -s 4esiq44ee or to comply timely .with such order, the city may: pursue the enforcement' of sar'ctiont set: forth in section .2-41 O(c):: (c) Private right of action against seA466 GG.Rtrastamov'ered am `1p over Any covered employee or fQrrn:&r covered employee of a service contractor may; instead of out riot in addition to... .utilizing the G4y -administrative complaint procedures set -fa #h in- .section 2-41 u(b bring an :action to enforce the provisions of thin division by filing .'suit against the covered employer in any court of edimpetent jurisdiction -4e _: , aid. casts.. Upon a findin by a court of competent jurisdiction that: a covered employer unlawfully withheld wages under this division, � such covered employee shall be entitled to an award of un aid or under aid wa es to reasonable costs anci attorrte 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 employee' for the econom losses they-suffered by reason of receiving their wage at the time it_ -Was due and in order to deter future noncompliance by the covered ernployer. The,. applicable statute of limitatioris'for such a claim writl be tigp wears, as :provided in €; Section :95.11(4)(c) Florida Statutes, as same rnav be :a:rriended 'from `tune - fo'time, for 'an action for 'payment of wages T -1 44 ri ^ 3 ; t. i Aay .9 14e- se;viGe, GqRtFaGtq :; . . s (dj Sanctions >against.senirce,contract�ors: For violations of this division, the city :shall sanction a service contractor .by requiring the service. to pay Wage restitution at the ear scontract&s expense for each tote affected °covered .ertbloyee. and ma . alsoae , 'the fallpwu g jake the folloWjh_g :a.ct on :s (1) The city may impose damages, for - each week that. the covered employee was found to have not been paid in. accordance with this division; acid /or (2) The city may .suspend er--i payment under -the covered service cortract and/ terminate the contract the service contractor; . an/or may declare the e `(3) The city y 4p tyer serwice contractor ineligible for futures service contracts for Mp to three 3Lyears :or until -all,. al es -and restitution #auehas been paid in full to -the covered employee and all penalties (if arty) paid; to the city whichever is .longer: and /or 44 dxti ^r, �W emplpye ha ll ha ineligible under tl�ig ;;Agtinn i } In order to corhpensate the city for the costs .of investigating and remedying the violation, the city may also order the violating covered employer tQ Oay the city's reasonable costs for investigating and defending the compllairit and remedy the violationj. Such funds shall be allocated and used to the costs of implementing and enforcing this division. (e) Public rec of sanctions. All such sanctions recommended or imposed sha be a matter of public reoord. f} anctfons for aiding, and afietting. The .sanctions in section 2- 41Ofsd) shall also apply to :anY': party or parties. aiding and abetting in any vi olation of this division. - (g) Retaliation and cliserirmnation barred. A covered employer .shall: not discharge, reduce the compensation of , or - otherwise. discriminate or J take adverse action against any covered employee in retaliation for exercising the rights protected under this division includinc , without limitation, making a complaint'to the city, � under this divisiorr, informing any person about any party's 'alleged- non- compliance with this division; or informinu any person of his or her potential rights under this division and to assist himfher:in asserting such rights. Protections under this :subsection (a) shall apply to any person who m but in pad faith alleges non =coin 'liance :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 Oresumption of havin Q done so in retaliation for the. exercise. of such right . Allegations of :retaliation or discriminafio.n, if found true, 4 -a shall result in :an order of restitution and reinstatement of a discharged covered. employee bvith back pay. to the date of the - filing of the com with the city deemed appmpr4ate. th) Enforcement pdi O'M If" necessary for the enforcement of this :division, the city corrirrilssipn may issue subpoenas, compel the :attendance and testimony of witnesses and production of :books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience' of the subpoena; the city attorney may :apply to a court of competent jurisdiction f oriier :requiring the: attendance :and testimony of uvitnesses:and production of booms, 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 has the case may beI is relevant or 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 courts order may be `Punishable by the coUrk as oontempt :thereof. (i) Rem - edies horein nonexclusive. No remedy set forth in this division. is intended to :be exclusive or a prerequisite for asserting a claim for relief to enforce.the rights under this division in: a court of law. This division shall not be construed to limit an employee's. right to bring a common law cause -of action wrongful termination provided. however. that if a complainant has Previously initiated., or initiates' a civil action in a court bf competent jurisdiction allpqing a. violation of this division. or other matter, with respect to the :same grievance which is -the subiect of an administrative complaint p ursuant 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 the administrative .complaint procedures established herein } f SECTION 2. SEVERABILITY: if any section, sentence., clause or phrase of this- .ordinance is :held to be in�ralid or unconstitutional by-any court of competent jurisdiction, then said holding shall in no way affect the validity of the rerrrain.ing portions of this ordinance. SECTION :3: CODIFICATION. It is the intentio of-the tVlayor and. City Commission of the City of lyliarrii Beach, and it is hereby ordained that the : r ovisions - of this ordinance shall become and be made a part of tie Code of the City,-of Miami .Beack Florida, The secticns. of this ordinance rriay -be renumbered or relettered to accornpl"tsh such intention, and the word "ordinance ma be c hanged to „ section ", "article, or other :appropriate word: SECTION 4. EFFECTIVE DATE. This Ordinance shall take weffect ten :days :foiloviing adoption: PASSED .and , ADOPTED this t � clay of , 201 . ATTEST: MAYOR ' CITY CLERK y FAa€to\AGUR\RES0S- 0RD1L'iv n . Wage Ordinance - Amendment (Second' Reading 6 9- f9).docx APPROVED AS TO; FORM :LAI l3ACE -... &FOR EXEC UTION Y erne ate ,..__ _..