2003-3408 OrdinanceORDINANCE NO. 2003-3408
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE VI,
ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY
SERVICE CONTRACTS AND CITY EMPLOYEES";BY
AMENDING SECTION 2-408(b), ENTITLED "HEALTH
BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM
PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS
SAME IS DEFINED THEREIN, UNDER WHICH A COVERED
CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE
THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City awards contracts to private firms to provide serVices for the
public and also provides financial assistance to promote economic development and job
growth; and
WHEREAS, such expenditures of public money also serve a public purpose by
creating jobs, expanding the City's economic base, and promoting economic security for all
citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose
to promote the creation of full-time, permanent jobs that allow citizens to support
themselves and their families with dignity; and
WHEREAS, sub-poverty level wages do not serve the public purpose, and such
wages place an undue burden on taxpayers and the community to subsidize employers
paying inadequate wages by providing their employees with social services such as health
care, housing, nutrition, and energy assistance; and
WHEREAS, the City has a responsibility when spending public funds to set a
community standard that permits full-time workers to live above the poverty line, and
therefore, contractors and subcontractors of City service contracts must pay their
employees nothing less than the living wage herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City
employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION1. AMENDMENTOFClTYCODE
That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage
Requirements for Service Contracts and City Employees", of Article VI, entitled
"Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code is
hereby amended to read as follows:
Chapter 2
ADMINISTRATION
Article VI. Procurement
Division 6. Living Wage Requirements for Service Contracts and City Employees
SECTION 2-408. LIVING WAGE
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(b) Health Benefits; eligibility period. For a Covered Employer or the City to comply with
the living wage provision by choosin.q to pay the lower wage scale available when a
Covered Employer also provides health benefits, such health benefits shall consist of
payment of at least $1.25 per hour toward the provision of health benefits for Covered
Employees and their dependents.
If the health benefits plan of the Covered Employer or the City requires an initial period of
employment for a new employee to be eligible for health benefits (eligibility period) the
livin_q wage provision shall be complied with as follows during the eligibility period:
(1) Provided the new employee will be paid health benefits upon the completion of
the eligibility period, a Covered Employer or the City may only qualify to pay the
$8.56 per hour wage scale for a term not to exceed the first ninety (90) days ot
the new employee's eligibility period, said term commencing on the employee's
date of hire.
(2) If the Covered Employer's or the City's eligibility period exceeds the ninety (90)
day term provided in subsection (1) above, then the Covered Employer or the
.... st
C~ty, commenc~n.q on the mnety first (91) day of the new employee's eligibility
period, must commence to pay a living wa.qe of not less than $9.81 an hour.
Proof of the provision of health benefits must be submitted to the awarding authority to
qualify for the ware rate for employees with health benefits.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3, SEVER.ABILITY.
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 a part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
returned.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
day of_
,2003.
1 st reading
2nd reading
T:~AGENDA~2003~aprO903\regular\Living Wage Prob Per 04 03 ord.doc
FORM & LANGUAGE
& FOR EXEGUl'iON
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Reach, Rorida, in the
Commission Chambers, 3rd floor, City Hail, 1700 Convention Center Drive, Miami Reach, Florida, on Wednesday, April 30, 2003, at the
times listed below to consider the following on first reading:
at 10:45 a.m,:
AN ORDINANCE AMENDING ORDINANCE NO, 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; iNCREASING ON THE FIRST PAY
PERIOD ENDING MAY 4, 2003, THE MINIMUM OF THE RANGES BY 4% AND THE MAX[MUM OF THE RANGES BY 4%; AND BY ESTABLISHING
THE CLASSIFICATIONS OF ASSISTANT DIRECTOR - NEIGHBORHOOD SERVICES, HOUSING MANAGER, OFFICE OF COMMUNITY SERVICES
DIVISION DIRECTOR, LABOR RELATIONS DIVISION, DIRECTOR, LABOR RELATIONS TECHNICIAN I, SPECIAL EVENTS COORDINATOR, PUBLIC
ART COORDINATOR; AND AMENDING THE TITLES OF THE CLASSIFICATIONS OF HOUSING DEVELOPMENT DIVISION DIRECTOR TO
COMMUNITY DEVELOPMENT AND HOUSING DIVISION DIRECTOR, LABOR RELATIONS TECHNICIAN TO LABOR RELATIONS TECHNICIAN II,
TRAINING DEVELOPMENT COORDINATOR TO ORGANIZATIONAL DEVELOPMENT AND TRAINING COORDINATOR, TRAINING SPECIALIST TO
ORGANIZATIONAL DEVELOPMENT AND TRAINING SPECIALIST; AND ABOLISHING THE TITLE OF CLASSIFICATION OF ASSISTANT TO THE
NEIGHBORHOOD SERVICES DIRECTOR, PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE, AND CODIFICATION,
at 10:50 a.m',:
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, FOR CLASSIFICATIONS IN GROUP VI, BEING
OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BYA BARGAINING UN~T; INCREASING ON THE FIRST PAY PERIOD ENDING
MAY 4, 2003, THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTABLISHING THE CLASSIFICATION(S)
OF ICE RINK TECHNICIAN AND SANITATION OPERATIONS SUPERVISOR; AMENDING THE TITLES OF CLASSIFICATIONS OF PERSONNEL TECHNIC[AN I
TO HUMAN RESOURCES TECHNICIAN I, PERSONNEL TECHNICIAN II TO HUMAN RESOURCES TECHNICIAN I1~ PERSONNEL TECHNICIAN ill TO HUMAN
RESOURCES TECHNICIAN III; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE, AND CODIFICATION.
at 10:55 a,m.:
AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI,
ENTITLED, "PROCUREMENT"; BY AMENDING DIVISION 6, ENTITLED "LiViNG WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES"; BY AMENDING SECTION 2-408(B), ENTITLED "HEALTH BENEFITS," THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF
TIME FOR THE "ELIGIBILITY PERIOD," AS SAME iS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A
NEY/EMPLOYEE THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODiFiCATION, AND AN EFFECTIVE DATE
Inquiries may be directed to the Human Resoumes at (305) 673-7470,
at 11.'00 a.m.:
AN ORDINANCE AMENDING SECTION 30-76(B) OF THE MIAMI BEACH CITY CODE ENTITLED "MITIGATION," PROVIDING FOR MITIGATION
HEARINGS TO BE HEARD BY THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF THE AFFIDAVIT OF COMPLIANCE; PROVIDING
THE SPECIAL MASTER MAY ALSO HEAR MITIGATION REQUESTS BEYOND ONE YEAR AFTER THE AFFIDAVIT OF COMPLIANCE UPON
APPROVAL OF THE ADMINISTRATION; PROVIDING FOR A REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Inquiries may be directed to the Neighborhood Services at (305) 604-2489
ALL 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, 1st Floor, City Hall, Miami Beach, Florida 33139, Copies of these
ordinances are available for ~ublic inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Fto~r, City
Hall, Miami Beach, Flodda 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting er 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding,
or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign
language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days pri~r to the proceeding. If hearing
impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 ('~ry) or (800) 955-8770 (VOICE).
(Aa~0165) * -, ,. ~.i~ ~ ,~'.,~ ..',_, .. , - .' · , ~',-..~...: ? ,,,
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Living Wage Ordinance to provide a maximum health benefits eligibility period
during which a contractor may pay a new employee the lower $8.56 rate.
Issue:
IShall the City Commission create a consistency between the City and the City's contractors as to
maximum eligibility period for health benefits during which a contractor may pay a new employee the lower
$8.56 rate?
Item Summary/Recommendation:
IOrdinance was approved by Commission 4/9/03 and second reading, public hearing was set for 4/30/03.
By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that contractors and
subcontractors follow the intent of the Living Wage Ordinance, continuing to set a community standard that
permits full-time workers to live above the poverty line.
Advisory Board Recommendation:
LN/A
Financial Information:
Fa.ds:
2
F/(nance Dept. To~l
City Clerk's Office Legislative Tracking:
I T.C. Adderly
Sign-Offs:
Depa~ment Directo~
T:~,A~'ENDA~003~apr3003Vegular~.iving Wage 91d Prob Per 04 03 sum2.do
AGENDA ITEM /~-/-~
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www,miamibeachfi.gov
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and
Members of the City Commission
Date: April 30, 2003
Jorge M. Gonzalezl. ~.~
City Manager ~
SECOND READING
PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6,
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2-
408(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A
MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS SAME
IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR
MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.56 PER HOUR
WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Ordinance.
ANALYSIS
The City has a responsibility when spending public funds to set a community standard that
permits full-time workers to live above the poverty line. In an effort to achieve this goal,
contractors and subcontractors of City service contracts must pay their employees nothing
less than the living wage. Such expenditure of money also serves the public purpose by
creating jobs, expanding the City's economic base and promoting economic security for all
citizens.
General Criteria of Living Wage Ordinance
The intent of a Living Wage continues to be to provide salary rates for full-time employees
equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages.
The Ordinance provided for a salary of $8.56 per hour for employees who already receive
health benefits and $9.81per hour for employees without health benefits. The Living
Wage Ordinance applies to City employees, contractors, and subcontractors of City service
contracts of $100,000 or more.
Per Section 2-408 (b) of the Living Wage Ordinance, "If the health benefits plan of the
Covered Employer or the City requires an initial period of employment for a new employee
to be eligible for health benefits (eligibility period), such Covered Employer or City may
qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility
period provided the new employee will be paid health benefits upon completion of the
eligibility period."
City of Miami Beach employees are eligible for health benefits after 90 days of
employment. This means that the City is permitted to pay an employee the lower $8.56
rate during those first 90 days of employment because the employee will be eligible for
health benefits on the 91 st day. If the new employee is not be eligible for health benefits,
then the City must pay the higher rate of $9.81 beginning on the first day of employment.
It is proposed that the Ordinance be amended to have a consistent provision for
contractors as to the maximum eligibility period. The proposed Ordinance amendment
would permit contractors to pay a new employee the lower rate during the first 90 days of
the eligibility period. If the contractor's eligibility period is greater than 90 days, then,
commencing on the 91 st day of the eligibility period, the contractor will pay the employee
the higher rate of $9.81 until the employee receives health benefits.
CONCLUSION
By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that
contractors and subcontractors follow the intent of the Living Wage Ordinance, continuing
to set a community standard that permits full-time workers to live above the poverty line.
JMG:MDB:TCA:GPL
T:~AGENDA~2003~apr3003~regular~Living Wage 91d prob per 04 03 mem2.doc