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Amendment 1 to SFM Jls c F AMENDMENT N0. 1 TO THE CONTRACT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SFM - SERVICES, INC. CONTRACT NO: 34- 08/09, DATED AUGUST 28, 2009, . FOR GROUNDS MAINTENANCE SERVICES FOR THE CITY OF MIAMI BEACH, ,CAUSEWAYS, ISLANDS AND OTHER. LOCATIONS; AND MOWING. SERVICES This Amendment No. 1 to the above - subject Contract is made and entered into this day' of 00 L ww , t , 2010 by and between the CITY . OF MIAMI. BEACH, Florida (City), and S FM INC. (Contractor). WHEREAS, the City and Contractor enter into' a Contract . for Grounds Maintenance Services for the City of Miami Beach, Causeways, Islands and Other Locations; and Mowing Services, on August 28, 2009, pursuant to Invitation to Bid (ITB) No. 34 -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 diving 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 $26,013.96, to $28,098.58 which represents a total annual contract increase of no more than $2,084.62. 4.- Effective October 1, 2011 through September 30, 2012 the annual contract amount is changed from $28,098 to $29,140.89, which represents a total annual contract increase of no more than $1,042.31. 5. Effective October 1, 2012 through September 30, 2013 the annual contract amount is changed from $29,140.89, .to $30,169.49, which represents a total annual contract increase of no more than $1,028.60. 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] FAPURC\MUCristina\Contract Amendments- Wage \Grounds Maintenance \34- 08- MAMENDMENT SFM.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk City ana r a L Date Date FOR CONTRACTOR SFM SERVICES, INC;. ATTEST: By: Se ry Pr -J se. Print Name - Print Name Date Date APPROVED AS TO FORM & LANGUAGE- & FOR EXECUTION ttorn� gate . E WROSALLTristinaTontract .Amendments- Living Wage \Grounds Maintenance \34 -08 -09 \AMENDMENT SFM.doc t 'EXHIBIT A i 20.11043682_ OOZDINANCE NO. AN. ORDINANCE OF THE - MAYOR AND CITY 'COMMISSION OF THE CITY OF MIAMI 'BEACH, FLO RIDA, - AMENDING CHAPTER 2 OF THE CITY C6DE,. °ENTITLED,, "ADMINISTRATION;" BY AMENDING ARTICLE Vl THEREOF ENTITL:ED,. "PROCUREMENT ";, .BY „AMENDING DIVISION . s:.ENTITLED ".LIVING WAGE REQUIREMENTS F OR SERVICE CONTRACTS AND CITY THEREIN EMPLOYEES,' ' SECTIt31�S..��a7 THROUGH 2-A�10 THEREIN; AND PROVIDING FURTHER FOR CODIF :SEVERABiLITY� AND AN EFFECTIVE' DATE. I.CI 11, TI=IEF E C?RE, BE' IT :OR- D.AINED BY 'T'HE. MA YO R AND :+CITY" DOMMISSION F 'i HE CITE OF tllllAMI E§EACH, FLORID SECTION° "I That Chapter 2,..Article Vi, Division 6, Secrjons'2 -4 through ,2.410", df the Code-, the City 'ot I �ami Beach, Florida,.°is hereby: amended as follows: 131fi' ISION. C LI IN+G SAGE REGDIREI TENTS F€ R :SERI ICE CONTRA TS.:al`iD CITY EMPLOYEES Seiw 2407. 7. Def rItlons. Cit .: means the - -- Y. government: of M Beach. or :any authorized agents: .any boards agenc : commission, department, or other, entity,thefieof or any successc r :tt eretr : Cat ever :e payee means :anyone employed by the city or anjr service` cor>tractor� as further def ned in this division; either full or part :tirni~, :as an .employee, .w h , or without;benefrts -. Covered em Oy er means the city and an ' y y and :service contractors whether contracting directly or Lndirectly4 ith the city, and subcontractors of a.se, ice`;contractor. Health benefits shell. at a. minimum_ mean health insurance coverage which consists "ofi wellness and myentive care including maternity. and that meets the re uiremeri s of :a "standard health .benefit - clan" as defined in Subsection fi27 6�99�123(b)C�4�, Florida' Statutes a may. , -be-amended from time to. tirrre Service co . dor is any individual, -ei c&pDration (whether for profit or not fo profit), partnership; l imiter liability company:, jriirrt venture, arm other business: entity who is conducting business in Miami. Beach, ,..ancl ►n€ho 'is aither a= P-paid in whole, o.r;part from one or - snore of the city's general fund. capital project :finds, .special revenue funds, :or any other funds, 94 � , whether . � � CW 44i ��-.- ether b y � � co �npetifive bid process, .informal bids; requests fair proposals, some farts of solicitation, negotiation, or agreement; or any other decision to enter -into a carttract; ,or. 4D-.2: e ngaged in `the .business of or pert of :a contract to Provide, or a! suibdohtract tb provide, a. services, ei : for the `benefit :of the city. However : this does not. apply to.contracts related Prt maHI to the sale of products or good. Covered services are the type of services purchased by the. city that. are subject -to the.. requirements -of this - division which include. the followir7g : 1 fit service :contracts. Contracts. involvin the cit �s. ex enditure of over Y 9. °. p $100, 00.QO ;per year "arid uvhich 'include types of services: a. Food preparation andlor distrtbutori ` b_ security - services;: '^: 1 ie #rna item ice: j r y ces: s bh as custodial cleanfn.g, se p e ; . , refUs6,.rernovw, repair, refnisbing, anc� recycling; :d Clerical: or other n n- supervisory office. work, v�rhether` temporary,; or permanent; e. Transportation and.parking:si~ruicesf T. Printing and reprQducfion services; 9 , Landscaping., .lawn, a.nd. or acgrtcultural services;:mid j .h. .Patk.and pqb ic��lase r t ter antic, Should any :services included in subsection 14a) (h) : that are being performed 'by city :e mployees at:'the "tune tn►s d iistan.:i s enacted be: solicited in the future .fay the city to be performed by :a service - contractfl'c, such services shall be covered :services subject:;to this division: . Sec. 2 -08. Livin.,g wua (a) :Living wage '.paid. (1) Service :'contractors. A# Anv service contractor ° + " F entedn :a co saruices contract with the ci shalt Pay t' .all its em la ees :who provide services :covered .b this division, a living wag of no less P Y. P y g. 9 than $ 8 - 591118 an 'hour:with health : benefits, ,or a living wage of not. less than X 1'2:92 ' :an :hour without. health :benefit (2) Phase - in k Effective _October 1, 2010, the. living :wage in ' subsection (A), will be implemented on .a ef this . : -ih basis beginning in the. =Q1 - 2x2201O�2011 city budget year; i on an annual basis incrementally so that the living wage is fully irl pi mented for s covered employees in the 2GO3 4 2012 -2013 city budget. yearL'- Ther-ea#eF, -the livii;g wage bel9w a4d instead shall be t6' paid �y. the h;411 m eit it -.efnOlqYeeS M.— :(b). Health benefits, el gibftity period. For a covered ertiplover-or the city to comply with the living .wage pmxi requirements of this division by choosing to pay the lower wage scale available When ' a covered emp loyer also provides health benefits; 'such health benefits shall l consist,of payment of at least $44& 64 :per hour toward the :provision of :a f3ealth - benefits; Plan for cohered: employees and their dependents. if the h ealth .benefits plan of449 - a covered employer 0 the Gity requires an' initial period. of employment for new employee to bs Eligible for'health benefits. ( eligibility period) the living , wage s requirements of this division sh :be :deemed to .behave been :complied uvith during the Iigibility penod provided the covered employer- ity c ommences to pay the abtlicable living vtirage rate without health benefits effective as of f the..date of: hire. of.the:covered:employee:. upon cornpletion of the eligibility period,. an p rovided the ne' em plo}ree will be provided ,health `benefits �a covered employer may commence . to pay the ssa# applicable living wne:rate :With health benefits Proof of the provision of health benefits must. be submitted to the. afar -45 itVs . pracuremer7t director to q:ualifyfor the wagiE Irate for employees with health benefits: c Annual O en nrollmehtlElecfion .of Sere is . - if �a covered 'em `lo .ce is b eing .paid the hour y living uvaae rate with health benefits and elects during such Qerind of time but no ess than once during the .covered em to er's.. fiscal. ear on which the covered eiz-iployer Permits its embloiiees an aoportunity to change their :health benefits plan coveraq hereinafter such election eriod sh all`. be referred to as .the "annual :o en enrollment eriod to - no longer contin u receiving - coverage under the employers Health benefits plan then,�- notrnntlstandn the .covered em to er's corititioin to o #er a health :benefits Ian to ern to ces the covered ernolayee (electing ouf of coverage during the arynua! :nroilmerYt period) shall b the next a edod. be aid the a livable hourl ltvin wa e rote without Health benefits. The covered ernployer may.: in its reasoinable iudgment and discretion determine the length of time Usinc the cr000sed -three (3) year phase -in - commencing with city fiscal year 201 Q =1`1 (October 1 2010: th'e living wa a rate will. be 10.1.6 /hr.:vv th health benefits. and $11..411hr without bene €its; commencing with - city fiscal Vear 201112 (October 1' 2011) 'the Tivinq wage rate be S�1Q 721hr - with health benefits. the S.1:2.17`without'benefits•..and commencing vwlth .city fiscal ear 2.012 -13 fOctober I . 20'12). the living wage rate will be'$! 1 .'281hrwith health benefits - and S12 92 /hr without benefits 2 Using the proposed three (3) year phase - in pursuant to Section 2- 408(2) commencing with cit iscal year 2010 -11 (October 1 . 2010), the health benefits rate will be at 'least SI 25lhr commencing with city fiscal year 2011 -12 October 1 2011'- the health benefits rate will be at least $1.45/hr: and commencin with city fiscal year 2012 =13 (O.ctober 1 the health benefits rate will at least $1 64 /hr 3 T for the annual open enrollment edod; may re wire em to ees to complete and.return a benefits election form: and, in the event that a covered employee does not complete'.and return such election form to the covered employee during the rescribed time of the annual open enrollment period. then the covered employer may treat the cohered employee as having elected to continue with the health plan benefits coverage (then in effect) and. accordinqly, may continue to pay the covered employee the app licable "hourly living wa .e rate with health benefits. Le) Indexing. The :l wage rate and health care benefits rate wil may, bye resolution of the city commission be le atieal indexed eaF r annually for inflation .using the. Miami OMSA Consumer Price Index. for all Urban Consumers (CPI -U) Miami /Ft. Lauderdale, issued by the �U S. Department cif Labor's Bureau . of :Labor Statistics. Notwithstanding the preceding. no index shall exceed three percent: (3 %L nor shall an annual increase exceed - the comes ondn annual compensation increase if an provided to. 4 unrepresented (Le. unclassified) 'city employees. The city commission may also by resolution elect not to index the living wage rate in any Particular year, if it determines it would not be fiscally sound to implement - same +�, - ,din a particular yearl. The determination to index (oc not index ) the living wage rate -shall be considered annuAlly during.-the city commission's review and approval of the city's annual operating budget. In the event that the city commission has detennined. in any particular fiscal year (or ears to not index the liveng wag rate,. and thereafter determines that making u all or -any ipart of the - _ prior gear's - (or nears) unindexed percentage would not have an adverse .fiscal iin act upon the -Cit then the ci:t commission-shall also have the ri 'ht, but not the obli ation : to cumulatively jndex .the fivt'n e rate to "make- ura any deficiencies in t17e prior year (or gars where there - :was. were no increase °s the "catch u ".electianl. Tl7e "'catch -u "election must be approved by resolution, and may Only be considered during the city commission's review. and :approval of the city's anrival operating budget. (fad) Certification required .before payment.. Any and gall cant'racts for `covered. services sj;a ft av be v.4id and na funds may -e released, .uril °s prior to entering an y agreement With the c,ty for - a covered ;services contract, the �empl 'ervice ;contractor certifies to t h'e city that it wall.: pay each of :its covered employees :.no less than the living w age described :.in sect 2- 408(a). A -copy of .this certificate must be made - available to the. p upon request, The certificate, at a, rninirnum, must include the following (1) The name, address apd .phone number of °the covered employer, 'a local contact person, and the specific pr©Jecl far -which the covered: services contract :is sought; (2). The amount of the covered services contract a brief de'scripfion of .the oroiect or service provided. :and 'the city department t1-ie contract: will sense; ;. {43} A statement of the wage levels for al"employees; and {4_} A commitment to: all .covered employees ti living wage, as ;defined by section. .2- 4g8(a) including, without limitation any annual indexes thereto j provided in section 2- 408(d) l) Observation of ether 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 or permitted by law or by a collective bargaining agreement }. The covered employer shall pay covered employees wage rates in -accordance with federal and all other applicable laws such as overtitme and similar wage laws. �.4 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 : prominent place where it can easily be seen and read by -the covered employees_ and shall also be supplied to man employee withi a :reasonable time after a request to .do, .0 Post irr� reduirements will hot be: required where `the.. covered employer :prints the following ;statements on -the front of the covered employee's first paycheck and ever : six 6) months thereafter; "You are- required by City of Miami Beach law to be paid at least $8-W dollars NOTE: Covered em ld er try insert a' licable living :wag a raLej an hour. tf you are not paid this hourly rate contact your en payer, an attorney, or the City :of:Miami 'Beach."' Ail notices will.be p.rint'ed iri - nglish, Spa acid reale. (bg) Collective bargaining. Nothing h this division .shall be :read to require or.authorize any covered emp lo y er to reduce g ages. set by a colle bargaining agreement or :yeas 'required under arty pr- evading wage haw. i 'Ti credo .exam Lion. For a covered employee rho re ularl receives ti` s or gratuities (hereinafter* "tips as part of his /her pay, a covered emaioyer wiR be ek6mpt from payment of the. applicable hourly living wage rate for such'emoloyee provided that the following rer uirements are met: in order to oualify for the ekoe ition. the covered em to er must claim a'ti credit under the federal Fair Labor Standards Act tFLSA)• �.. The exception shall only apoly to covered .ermploVees who rece je tips as art of :their compensation i.e. waiters. bartenders hostesses busbo ,s; etc:. 3. The covered em " io ver shall be solel `: res onsible for assuring that all .ti ed covered employees meet the elidibility requirernen #s for the tip :credit under the FL'SA: 4. The covered , em to er ma �oni - credit t6ward satisfact ion of the apoli vable hourly liv ncr wage requirement. - tips up to the maximum a:mouht of the allowable tip credit, and :6. The covered em to ee's ti s lus direct .hourly wa e combined must add u to:at:least applicable hourly living wa-3e rate. Nbtwithstandinq aNthing in this subsection. tipped covered employees must receive at _ least`the agplicable hourly livin ;wa a rate when direct wages and-tips are combined. Sec. t2 - 4Q9. irnple. entation. (a) Procuremeht speci fications. The liVving Wage 'shall be required in the procurement: specifications. for all covered services caritracts :o.ra which bids or proposals :s alt -be sali'cited on or after the effective date of this division...The procurement specifications. shat! include a requirement that service contractors - and their subcontractors agree produce ail documents Zxnd records relating to payroll and compliance with 'this division upon request from th city., All :covered. service contracts awarded subsequent to the .date when this .division becomes effective, :shall be subject to the requirements of this,division. .Ala . procurem specifications for dit :covered services contracts - shall include appropriate informs #ion about the requ:ir. rrtents of this division. (s M6intenance of payroll records: Each covered e mployer shall maintain .payrolls for all covered employees 'and basic records relating there o and rshali preserve them for a period of three ears or the: term of the covered services contract, whichever is .greater. The. records shall contain: (1) The - :Warne and address of each covered employee;. 2} The job: title. and classifcati ©n (3) The riufnber of hours worked :each day; (4) The gross wage. s :earned and deductions made; (5 .Annual wages paid, _ (6) A. copy of the security: returns. and-evidence of payment thereof; (7) A record ©f' fr7ng benefit .payments ,Including ccntr but ores to approved plans; and (8 .Any other data or inforr' ation "th s. t�ivi iori should require :from time to time. (sick Reporting payroll. Every .six months the covered ernplryer shelf fie with the cit 's - procureme.nt diroctor a complete payroll showing the covered ernplayer':s payroll reccrds far -each covered employee workirTg on the cov services contract ` for one payroll period. Upon - request from the city., the :covered :employer shall produce .. its :payroll records fog arty or all of its covered empldyees for,any period covered -by the covered services contract. The city. ma examine inspect. anti /or copy such payroll - reccords -as needed to, ensure compliance with the requirement of this division Sec. 2.41.0. Compliance and enforcement. (a) Service contractor to cooperate. The service contractor :shall permit the city a ge R U r. r-s ° t observe work being at in, ' or on the project or matter for -which - the covered services contract was issued The city %pFe estatiye may ex amine the :boo :lam and records of the service contractor relating to the . r employment acid payroll to determine, if .the service contractor is in compl with the :provisions df this division. () Complaint.procedures and sanctions: (I) A4 covered employee or former covered employee, who believes that this division applies him. or her and that athe sengin 4covered em toyer .6i� : th 6 - _rA-, is not c ompl ying with the requirements of this division,, has a right to.fle :a- administrative complaint with the sf er- af t#e city s procurement director. Any individual or entity may also tile a complaint With the. .Rrocurement director of the city on behalf of covered ernployee for investigation by the city- ) Complaints by employees of alleged violations shall be made in writing within one 1) wear after the alleged violation ac looa riplai nt shall -be a4ithin the "urisdict on of the city under the adm nistratiue corn faint procedures in this division if the complaint is filed more than one (1) year after the alleged violation practice. occurred... 3) The complaint shall be signed by the person 'makincr the complaint r (hereinafter, they "complainant =') and, if the complainant' is not the covered emplbyee, by the - covered employee as well shall be swum to or affirmed., and shalt, a# a- minirnu, state the foil name and address of the complainant; the full name and address of'the - covered ernploy-er :against whom -the complaint Is being made (hereinafter, the "respondent') the :facts upon 'which the complaint is based.: and such other information as -may-be required kw The complaint: may be filed by personal delivery, ordinary mail, or certified mail, addressed to 'the :city's procurement director the emolpyee shall mbe a6 b e mil t L4,j) T he :city procurement director shall notify the .covered employer named in the complaint (the 'respondent "), by ' providing the em to or with a. co .of the com taint by certified: mail or personal deliverv.. Within thirty (3Q)' working days after a 'c - PY of the complaint has been served up an the respondent by the procurement director' the :resp may fi an answer thereto. if an answer is fled. the answer shall, be in writing and contain, at .-a minimum a. se crate. and - specific rest onse to each and eve articular of the .complaint, or a denial of arty knowledge or information thereof sufficient to form ;a - belief, Any alleg of the com faint which is not denied shall be deemed admitted. (5) If an .answer is filed, the procurement director :shall cause a copy of the answer to 'be nerved on Ahe comp lainant. If the res ondent elects not to answer . the .complaint. then the matter shall proceed on -the evidence in support of the complaint. 1 f6) Whenever a verified written complaint is filed pursuant to this division the rocurement director shall make a prompt investig of 9 - i{wqggate all allegations -of violations in connection therewith and forward to the city manager a written summary of the investi ation of this divisia within 3960 days after the complaint is filed If; ,upon his /her review of the complaint. 'answer (if fled. and investigation the city manager determines that a violation of ' this division - has occurred, t - city shall, within teR irty working 'days of a finding of noncompliance, .issue .a notice of corrective action in writifio, a to the respondent; pley specifying all areas of noncompliance an deadl for resolutions of the identified violatio.nsr A copy of the .ci ma:n notice of corrective action shall be sent to the complainant and the;respondent.by certified mail return recei t re uested orb hand delive tf a espondent fails to comply with any or all of the resolutions for the identified violations within the deadlines provided in the notice 4e 1 , the city manager 9F the Gity FRaRageF dssigRoe may issue an order, in writ to the _ respondent by certified mail or hand delivery,' notifying the respondent to appear at an administrative hearing before . one of - the city's sitting special masters: 'to be held at a time to be fixed in such order, A copy of the order shall also 'be sent to the:eorrr: lainant b Y certified snail or hand delive (8 ) The city manager shall also provide a written re ort to the cit camrnission; informing them of tire.. complaint, which report shall include a brief summary of the facts at issue the results of the city's investigation, - and the. recommended administrative disposition of the .complaint (includino any finding.of noncom fiance .and subse went recommendation for corrective action ).. X49: 'The hearing : proceedings shall be irifort Vi shall ..affbrd .the seFVise ra respondent the right to testify in his /her the sePAGe GeRtFa own defense; present witnesses be represented by counsel, subrxtit relevant: evidence, cross examine, witnesses -and abject to evidence, (1�10) the proceedings shad be recorded and :minutes kept by the city. Any , iGe ^ es off, ndent requiring verbatim minutes for judicial review may arrange for -the services . of a :court repo at the expense of the zewiGe respondent Up„on the close-.of 4he hearing, the 'Git maRa- W, CMW special mas -ity 4:�p;;agegs designe shall render a decision in writing determining Whether or riot the respondent is in compliance, or whether other action should be taken- or whether the matter should 'be continued, as the' case may be and stating the reasons and findings. of fact. (7L2) i•he. city - - he Gity ;;Aa;;ag ;s d shhai! Me ftY+diRO the G it y ^lerk °^d shall .send a trine and correct copy of W sthe order 'by certified mail, return receipt requested, or by hand delivery, tolhebusiRess ad respondent and complainant 8 (31L33� The -n g special master's gee*- ,findings shall constitute tho finial administrative action of the city' for. purposes .cif judicial review under state law. An -aggrieved aarty. including the city administration, may appeal a final administrative order of a special master to the circuit court in accordance . With Section 30-77 hereof. (.9 4 If a respondent fails to seek timely appellate review of an order of the . ty manageF;G.r. t4e -s e�cial m aster . n�4rr mart.5rsor'S ra or to ' comply timely,with such order., the city may: pursue the enforcement of sanctions set! forth in section .2- 410(e). (c) Private right of .action against ° covered` errr Io er.. Any covered employee or former covered employee of a service contractor may; instead of but not in addition to..utilizing the - administrative- complaint procedures a eFth in section 2- 41 Clik##is ,bring an .actiari enforce the provisions of this division by filing suit against the, covered employer in any court of competent jurisdiction-4e { a , eqsts. Ur)on a f €ndin by .a court of .corn etent jurisdiction that a covered .em to er unlawfully withheld wages 'gander this division, such covered employee :shall be. entitled to an award of -un - aid or underpaid wages, to reasonable costs acid attorne s'fees and: in addition to liquidated <damages in a sum equal to twice the amount of wages the covered employer is:faund to have. unlawfully Withheld - in order to compensate the covered employee for the economic losses theisuffered by reason :of receiving their wage at the ti:me.it wa:s due in order to deter future noncompliance by the covered employer. ` The apialicable statute of limitations for such a claim will be two . f ears, as .provided in Section ,95.11(4)(q )., Florida Statutes, as same rna be amended from time .to. `time. for 'an :action" for .payment ut Wages. T—� iz nni i aloe impose sai4Gtians. 90 . _Q . fQF 4. resrsrirn irsn #w r+# ni nrt to hn rr� �.rielate i'thi dim inrti -v . {d} Sanctions: against service contractors. For -of this division, , the city ;shall , :sanction a service contractor. by requiring the .service contractor. t pay-wage restitution -at the eFAplayeir0 :expense for eaeh , the affected °covered'' employee and :may aIso Vic fallewi take the following -acf ores M . ' The city . may rhpose. damages, ; 400.00 for' each week that the covered employee ,was found to have not been paid in accordance with this division; andlor (2) The city may :suspend 9r teFMirra . payment Li nder :the covered services contract andt temninate the contract with the service contractor; .and /or - (3) . The city may declare the empl s ervice c6ritractaf 1heli.0ible for future service "contracts for up to three LILyears or until all pe w.^' restitution #ayehas been paid in full to the covered em_oloyee and all penalties Of ahyy paid to the city* whichever is. longer: and/or In ad es, all —e Te m r- hall --be 9. q In order to compensate the city for the costs of investigating and remedying the violation the city may also order the violating covered emp loyer to pa the city's reasonab costs for investigating and defending the compiair�t and remedy - the violation Such funds shall be allocated and used to offset the casts of implementing and enforcing this division: (e) Public. record of Banc #ions. Ali such sanctions recommended or unposed shal[be a matter of public:record. {f? Sanctions for. aiding and abetting. The sanctions in sectic3n 2-410(4d shall also apply to any party or parties aiding and abetting in any° violation of this division: (g) retaliation and discrimina. #ion bared: A covered empl oyer shall not discharge, reduce the compensation of , or 'otherwise. discriminate or . take adverse , action against . arty covered employee in re'aliation for exercising the rights protected under this division includin , without limitation, makirig a complaint'to the city, r _ assei;t ing.hl under this division., or informing any person about any party's alleged non- compliance with this division, or informing any person'of'his or her potential rights under this d and to assist him/her in assertinia such rights. Protections underthis subsection fit) shall apply to any person who rnistakenl - but in cod faith alle es rion =com fiance v4rith this division. Takin adverse action against a person within ninety (90) days -of the person`s exercise -of rights protected under ' this division -shall raise a' rebuttable presumption of havinct done °so in retaliation for the exercise of such right llegetiarts flf ..retaliation or d iscrimination, ` if fo und true, 4--a 19) G�r- by a. G96A.-Of GGFAPe4eRt, jwisdi4ian under- paragraph (t), shall result -in -an order of restitution and reinstatemerit of a discharged covered ernpl6yee with back, pay to the date of the filing of the complaint with the city deemed appr-9pr4ate- h: 0iforc6m. ni pcawers: if necessary for :the :enforcement of this :division,, the city o { - corrirnission may issue. subpoenas, compel the attendance and testimony of it' sses and. produdtion of books,. papers, records, and documents relating to payroll records necessary for hearing, investigations; and proceedings In ' of disobedience. of .the subpoena; the :city :attorney may appfy:to a court Qf competent jurisrtiption for an order requiring the.-attendance and testimony of witnesses-:and production of books, .papers,' records.; and documents. Said court, in : the case of the . refusal to obey such subpoena, after notice to the person subpoenaed, and. upon finding that the .attendance or testimony of such vAtnesses of the production of -such : books, papers, records, and docun ients fas the case ma y be); is relevant o necessary for such hearings, investigations or proceedings, may issue an order requiring the. attendance or testimariy of such .witnesses or the 'production of such .documents, and any. violation of the courts or der 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 claim for relief to enforce. the right rider this division in. a court : of ` law; This division shall not be construed to limit an .employ -ee'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 competent jurisdiction alle 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) v ithin the iurisdiction of the city .under the adm inistrative .complaint procedures established herein .. ___ ...... � :,._ .............. _.... _ . _ _ _� _._.............. SECTION 2. SEVERABI.LIT'Y. If any section,, senten clause' or phrase. of this .ordinance is .held to be in or unconstitutional by any court of competent jurisdiction, then said holding shall' .iii no Way affect; . the validity of the remaining portions of this oed.inance. SECTION 3� CODWICATIONy It is the intention of the'Ivlayor and. City Commission of the City 0f Miarrii Beach, and it is hereby ordained `:'that the :provisions of this ordinance shall. become* and be made a :parr of tL _ Code of .the City !Miami .Beach, Florida. The sections. f this ordinance maybe rehurribered or r.elettered to.accornplish such intention, =and the word "ordinance may be changed to "section ". " article,": or other appropriate word. � SECTION 4. EFFECTIVE DATE. This Ordinance shal take!effect ten .:days1ollowing.adoption. IuE :.ariC .+ID.TED.1i5 ?J tray. of ATTEST. j. :MAYOR CITY CLERK F_latto\AGUR1Ri SOS-- ORD1Living Wage Ordinance -Amendment (Second: Reading. £ 9 1:0).doex APPROVED AS TO FORM .& LANGUAGE t4l Y . orne ate