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OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR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delete phase in language that is outdated due to the passage of time.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
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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
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® ^ /, 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
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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