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2014-3897 Ordinance ORDINANCE NO. 2014-3897 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES," BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE," BY INCREASING THE LIVING WAGE RATE BY 3% FOR FISCAL YEAR 2014-2015 AND DELETING PHASE IN LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-408(a) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by Division 6, the stipulated living wage rates as approved by the City Commission; and WHEREAS, pursuant to Section 2-408(d) of the Code of the City of Miami Beach, the living wage rate may, by resolution of the City Commission, be indexed 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, Bureau of Labor Statistics; and WHEREAS, on July 23, 2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (the "Committee") for a discussion on indexing the living wage rate for fiscal year 2014-2015 in accordance with the options pursuant to Ordinance 2010-3682; and WHEREAS, at its July 30, 2014 meeting, the Committee considered the available options regarding indexing the living wage rate for fiscal year 2014-2015 presented by the Administration pursuant to the Living Wage Ordinance; and WHEREAS, at its July 30, 2014 meeting, the Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees; and WHEREAS, effective January 1, 2015, covered employees shall be paid a living wage of not less than $11.62/hr with health benefits of at least $1.69/hr, or a living wage of not less than $13.31/hr without health benefits; and WHEREAS, as a result of the living wage rate increase effective January 1, 2015, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 6 of Article VI of Chapter 2 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE VI. PROCUREMENT Division 6. Living Wage Requirements For Service Contracts And City Employees Sec. 2-408. Living wage. (a) Living wage paid. (� Effective January 1. 2015, a covered employees shall be paid a living wage of no less than $11.28 $11.62 an hour with health benefits of at least $1.69 an hour, or a living wage of not less than$12.92 13.31 an hour without health benefits. Ohnc•e_in. E#Grove (-!Maher 1 201(1 sen+ien (a) wall he �r-r�L-v-ry� rmpleermrrernt _in basic b rnnie- Tthe Z201 0-2011 pity budget 'easing on an annual basis inGrementally so that wage +s fully imrrplermi-ren ad fer neYered employees in the 2012-2013 Gity bud (b) Health benefits; eligibility period. For a covered employer or the city to comply with the living wage requirements of this division by choosing to pay the lower wage scale available when a covered employer also provides health benefits, such health benefits shall consist of a payment of at least $4-642$1.69 per hour toward the provision of a health benefits plan for covered employees and their dependents. If the health benefits plan of a covered employer requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period)the living wage requirements of this division shall be deemed to have been complied with during the eligibility period, provided the covered employer commences to pay the applicable living wage rate without health benefits, effective as of the date of hire of the covered employee. Upon completion of the eligibility period, and provided the new employee will be provided health benefits, a covered employer may commence to pay the applicable living wage rate with health benefits. Proof of the provision of health benefits must be submitted to the city's procurement director to qualify for the wage rate for employees with health benefits. 2 (1) Using the proposed three year-phase-in, -. ,g K4th Gity figGal year-20 4 0-4 4 (OGtOber-4, , the AVing Wage K4#be$40.1&4r. With hi-g-Rithbenef4s, and$14.4 41hr-. K4theut bene&g,GGMMenGing W4 Gity&Gal YeaF 204 4-42(QGtQbeF 4, 204 4), the Wing wage Fate wX be$40.7-2Ar-. K4th health benefit&, an W,@ge Fate Wj#be$4 4.22-R4br. With health benefits, and$12-0—:24hrn. 144ithG14t bene year-2040 4 4 (QGtebw 4, 2040), th-A he-alth benefitt Fate wig be at least •; Mth the Gi�y&GalyeaF 20 4 2-4 3(QGt0b9F 4, 20 4 2), the health benefits Fate wX[be]at lea'st$ • SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 10 day of 0(-+o6ey , 2014. PASSED AND ADOPTED this day of Se ffinlmr, 2014. ATTEST. INCORF ORATED•` rOHILIP L I OR RAF L E. GRAN DO, CITY . APPROVED AS TO Underline denotes additions FORM & LANGUAGE denotes deletions & FOR EXECUTION (Sponsored by Commissioner Deede Weithorn) City Attorney Date T:\AGENDA\2014\September\Procurement\Living Wage Increase FY 2014-2015-ORDINANCE 09-30-14(2ND D).docx 3 COMMISSION ITEM SUMMARY Condensed Title: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES," BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE," BY INCREASING THE LIVING WAGE RATE BY 3% FOR FISCAL YEAR 2014-2015 AND DELETING PHASE IN LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Key Intended Outcome Supported: N/A Supporting Data(Surveys, Environmental Scan, etc: Item Summary/Recommendation: Pursuant to Section 2-408(a) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by this division, the living wage rates approved by the City Commission. On July 23, 2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (the"Committee")for a discussion on indexing the living wage rate for fiscal year 2014-2015. At its July 30, 2014 meeting, the Finance and Citywide Projects Committee considered the available options regarding indexing the living wage rate for fiscal year 2014-2015 presented by the Administration pursuant to the Living Wage Ordinance. The Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees. The estimated financial impact for the increase for fiscal year 2014-2015 is approximately$260,000. If approved, covered employees shall be paid a living wage of not less than $11.62/hr with health benefits of at least $1.69/hr, or a living wage of not less than $13.31/hr without benefits. Additionally, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. While the First Reading of the Ordinance stated the effective date to be October 1, 2014, this is not operationally feasible as contractors must be notified and allowed sufficient time to adjust their payroll systems. As such, the only change recommended which differs from the First Reading is that the effective date for the living wage rate increase be January 1, 2015. ADMINISTRATION RECOMMENDATION Adopt the Ordinance and authorize the City Manager to prepare amendments to the applicable covered service contracts subject to the living wage increase. Advisory Board Recommendation: This action has been recommended by the Finance and Citywide Projects Committee. Financial Information: N/A Source of Amount Account Funds OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, ext: 7490 Sign-Offs: De ent Director Assistan nager City na er A JLM T:\AGENDA\2014\September\Procurement\Living Wage Increase FY 2014-2015-ORDINANCE SUMMARY 09-30-14 U(( D READ).docx ® ^ /, I v ,A f� A B CAC AGENDA IT V � r 1 r I L DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member of the Ci Commission FROM: Jimmy L. Morales, City Manager SECOND READING — PUBLIC HEARING DATE: September 30, 2014 7 SUBJECT: AN ORDINANCE OF THE MA R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES," BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE," BY INCREASING THE LIVING WAGE RATE BY 3% FOR FISCAL YEAR 2014-2015 AND DELETING PHASE IN LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance and authorize the City Manager to prepare amendments to the applicable covered service contracts subject to the living wage increase. BACKGROUND Pursuant to Section 2-408(a) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by Division 6, the stipulated living wage rates as approved by the City Commission. Furthermore, pursuant to Section 2-408(d) of the Code of the City of Miami Beach, the living wage rate may, by resolution of the City Commission, be indexed 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, Bureau of Labor Statistics. On July 23, 2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (Committee) for a discussion on indexing the living wage rate for fiscal year 2014- 2015 in accordance with the options pursuant to Ordinance 2010-3682. At its July 30, 2014 meeting, the Finance and Citywide Projects Committee (the "Committee") considered the available options regarding indexing the living wage rate for fiscal year 2014- 2015 presented by the Administration pursuant to the Living Wage Ordinance. The Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees. The estimated financial impact for the increase for fiscal year 2014-2015 is.approximately $260,000. If approved, covered employees shall be paid a living wage rate of $11.62/hr with health benefits of at least $1.69/hr, or a living wage of not less than $13.31/hr without benefits. Commission Memo Ordinance Amending Chapter 2, Article V1, Division 6, Section 2-408 By Increasing The Living Wage Rate By 3%For Fiscal Year 2014-2015 September 30, 2014 Page 2 of 2 Additionally, as a result of the living wage rate increase, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. While the First Reading of the Ordinance stated the effective date to be October 1, 2014, this is not operationally feasible as contractors must be notified and allowed sufficient time to adjust their payroll systems. As such, the only change recommended which differs from First Reading is that the effective date for the living wage rate increase be January 1, 2015. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance; and authorize the Administration, through the City Manager, to prepare amendments to the applicable covered service contracts subject to the living wage increase. JLM /MAD / RA T:\AGENDA\2014\September\Procurement\Living Wage Increase FY 2014-2015 - ORDINANCE MEMO 09-30-14 (2ND READ).docx MIAMI HERALD I MiamiHerald_com t_ THURSDAY.SEPTEMBER 18:2014 1 13NE M1AtV\1rt*5' EA0r1] CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that Public,Hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers,3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday, September 30,2014,to consider the following: 5:05 p.m: Unclassified Salary Ordinance- An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group.VII, Comprised Of At-Will Employees Commonly Referred TbAs"Unclassified Employees";Deleting The Obsolete Management And Budget Analyst I; Revising The Pay.Range For The Director Of The Office Of Communications, Building Records Supervisor And Management And Budget Analyst;Establishing The Following Newly Created Classifications:Emergency Management Director;.Deputy Director Parks And Recreation;.Management And Budget Manager; Marketing, Tourism And Development Manager; CMBPD Chief.Of Staff; Information Technology Division Director;Grants Specialist;CMB-Media.Ambassador; Chief Roofing Inspector And Procurement Contracting Officer;,And Providing For Repealer;Severability,And An Effective Date.Inquiries may be directed to the Human Resources.Department at 305.673.7524. X 5:06 p.m.. An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled "Administration,"By Amending.Article VI,Entitled"Procurement,"By Amending Division 6,Entitled"Living Wage Requirements For Service Contracts And City Employees,"By -.._..--- -----Amending-Section-2-408;Entitled"Living.Wage,"-By-Increasing-The-Living-Wage-Rate-- -- --- -- - --By 3%For.Fiscal Year 20142015 And Deleting Phase In Language That Is Outdated Due To The Passage Of Time;Providing For Repealer,Severability,Codification,And An Effective Date. Inquiries may be directed to the Procurement Department at 305.673.7490. 5:07 p.m. An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled"Utilities;" Amending Article IV,Entitled"Fees,Charges,Rates And Billing Procedure;"Amending Division 2,Entitled"Rates,Fees And Charges;".ByAmending Section 110-166,Entitled Schedule Of Water Rates And Tapping Charges," Arid Section 110-168, Entitled "Sanitary Sewer Service Charge,"To Adjust Water And Sanitary Sewer Rates By The Same Percentage Enacted By Miami-Dade Water And Sewer Department.(WASD);And Also Amending Appendix A To Chapter 110,Entitled"Fee Schedule"To Increase The Water Rates And Sanitary Sewer Service Charges Imposed By The City Pursuant To Sections 110-166 And 110-168;Providing For Codification,Repealer,Severability,And An Effective Date. Inquiries maybe directed to the Public Works Department at 305.673.7080. Interested parties are invited to appear at this meeting,or be represented by an agent, or to express their views in writing addressed to the City Commission,c/o the:City Clerk,; 1700 Convention Center Drive,151 Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal_business,hours in the City Clerk's Office, 1700 Convention Center Drive, 14 Floor,City Hall, Miami Beach; Florida 331.39.This meeting,or any item therein, may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105, Fla.Stat.,the City hereby advises the public that K a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made;which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible.or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To.request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review anydocument or participate in any City-sponsored proceeding,please contact us.five days in advance at 365.673.7411(voice)or users may also call the Florida Relay Service at 711. Rafael E.Granada,City Clerk 936 City of Miami.Beach