R5B-Increase Living Wage Rate By 3 Percent For FY 2014-15 -Weithorn-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 MIAM! 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THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER,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.
COMMISSION ITEM SUMMARY
lntended Outcome S
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.
lf approved, covered employees shall be paid a living wage of not less than $'l1.62lhr 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language that is outdated due to the passage of time.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.
Source of
Funds
Amount Account
I oBPr I Total I
Financial lmpact Summarv:
City Clerk's Office Legislative Tracking: Alex Denis, ext: 7490
AGENDA ITEM
c,ATE
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READ).docx
N;B--?=To=vr
N/A
Data (Surveys, Environmental Scan, etc:
Financial lnformation: N/A
T:\AGENDA\2014\Septembe^Procurement\Living Wage lncrease FY 2014-2015 - ORDINANCE SUMMARY 09-30-14 (
NAIANN IBEACH
28
g MIAMIBEACH
€ity of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Mem of the
FROM: Jimmy L. Morales, City Manager
DATE: September30,2014
SUBJECT: AN ORDINANCE OF THE MA 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 3O/O FOR FISCAL YEAR 2014'2015 AND DELETING
PHASE !N LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
ADMINISTRATION REGOMM ENDATION
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 2-4A8@) 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-a08(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 lndex for all Urban Consumers (CP|-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 Ordinan ce 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.
lf approved, covered employees shall be paid a living wage rate of $11.62lhr with health
benefits of at least $1 .69/hr, or a living wage of not less than $13.31/hr without benefits.
SSION
SECOND READING - PUBLIC HEARING
29
Commission Memo Ordinance Amending Chapter 2, Article Vl, Division 6 Secfion 2-408 By
lncreasing The Living Wage Rate By 3%o 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
applicqllg covered service contracts subject to the living wage increase.
JLM /ffior, *
T:\AGENDA\2014\SeptembeAProcurement\Living Wage lncrease FY 2014-2015 - ORDINANCE MEMO 09-30-14 (2ND
READ).docx
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry 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@) 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 lndex for all Urban Consumers (CP|-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 meeling, 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 $1 1.62lhr with health benefits of at least $1 .69/hr, or a living wage of not less than
$13.31/hr without health benefits; and
WHEREAS, as a result of the living wage rate increase effective January 1, 2015,
covered service contracts shall be amended to reflect the living wage rate increase and to
delete phase in language that is outdated due to the passage of time.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 6 of Article Vl of Chapter 2 of the Code of the City of Miami Beach
is hereby amended as follows:
31
CHAPTER 2
ADMINISTRATION
ARilcLE r' .rIj"uREMENr
Division 6. Living Wage Requirements For Service
Contracts And City Employees
***
Sec. 2-408. Living wage.
(a) Living wage paid.
($Senree-ecnfiqaeb,.€. Effective €cteber#t4 Januanr_L_20'!5, A#y<
covereO emotoyees s a living wage of no less than ${J-28 $11.62
an hour with health benefits of at least $1.69 an hour, or a living wage of not
less than ${2s2 $13.31 an hour without health benefits.
+
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.
lf 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.
(a
(b)
***
32
(1) Ueing the prepesed threelear shase in, eemmencing with eity fiseal year 2010 11 (Oeteber 1, 2010),
eneing with
eity riseal year 2011 12 (Oeteber 1; 201 1); the living wage rate will be $10,72/hr, with health benefits, and
$1",17/hr, witho
wage 'ate will be $1 1,2Uhn wilh health benefits, and $12,9Uh+ witheat benefits,
(2) Using the prepesed three year phase in eursuant te subseetien 2 108(2), eemmencing with eity fiseal
W, the health benefits rate will beat least $1 ,2ilhr,; eemmeneing with eity
hr.; and eemmeneing
witn tne atY fiseat ye
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf 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.
Thisordinanceshalltakeeffectonthe-dayof-,2014,
PASSED AND ADOPTED this
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
day of_, 2014.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
33
ttlAr{.[E!+?" ]"]tksiH,etgl{,!9[l i';i lHURSoAy.sEprEMBERtB,2Otd I
AEIAMIBTATH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that Public Hearings wifl be held by the Mayor and Gity
Commission of the City of M'tami Beach, Florida, in the Commiss,ion Chambers, Srd
floor, CiV Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday,
September &!, 2014, to consider lhe following:
5;(Ep.m.
Unclassilied Salary Ordinance - An Ordinance Lrnending Ordinance No. 1605, The
Urclassified Employees Salary Ordinance Of The City Of Miami Beach, florida,
As Follovrs: Providing For The Classifications ln Group Vll, Cornprised Of At-Will
Employees Commonly Refened To As "Unclassified Employees ,; Deleting The Obsolete
Manag€ment And Budget Analyst l; Bevising The Pay Range For The Director Of
The Office Of Communicaiions. Building Becords Supervisor And Management And
Budget Analyst; Establishing The Following Newly Created Classifications: Emergency
Manag€ment Director: Deputy Director Pa*s And Becreation; Management And Budgst
Manager; Marketing, Tourism And Development Manager; CMBPD Ch't€f Of Statf:
lnformation Technology Division Director; Grants Specialist; CMB Media Ambassador;
Chief fiooling lnsp€ctor And Procurement Contracling Ofiicer; And providing For
Repealer, Severability, And An Effective Dai€. Irguides may be directed ta tha Human
Resources Departmenf at 305.673.7524.
5:06 p.m.
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Eeach, Eniiiled
"Adminislration," ByAmerding Article Vl, Entitled "Procurement," ByAmending DMsion
6, Entitled "LMng Wage Requirements For Service Contracts And City Employees," By
4rnen!i{9 Section 2-408, Entitbd luvir€ Wage,', By lncreasing The Living Wage Rate
By 3% For Fiscal Year 20'14-2015 And Del€ting phase la Language Thails Outdated
Due To The Passage Of Tima; Providing For Hepealer, Severability, Codification, And An
Effective Date.
lnquiies may be directed to the Prx.wament Departneftt at 305.675.7490.
5:07 p.m.
An Ordinance Amending Chapter 11 0 Of The Miami Beach City Code Entifled ,,Utilities,"
Amending Article IV Enfilled "Fees, Charges, Rates And Billing procedure;,,Amending
Division2, Entitled "Rates, FeesAnd Charges," ByArnsn6ir€ S€ction 110-166, Entitlecl"
Schedule Of Water Bates And Tapping Charg€s," And Section 110-168, Entitled
"Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Bates By The
Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD); And
Also Amending fupendix A To Chapter I '10, Er*itled ',Fee Schedule,, To lncrease The
lVater Rates And Sanilary Sewer Service Charges lmposed By The City Pursuant To
Sections 1 10-1 66 And 1 1 0-1681 Providing For Codification, Flepealer, Severability, And
An Effective Baie.
lnquiries may be directed to the Public Warks Department at 305.67A.70Etr..
lnterested parties are lnvited tc appear al this meeling, or b€ !.epresenled by an agent,
or to express their views in writing addressed to the City Commissioo, c/o the City Clerk,
'I 700 Convention Center Drive, 1$ Flool City Hall, Miami Beach, Florida 38139. Copies
of these 'rtems are available lor public inspection during normal business hours in the
City Clerk's Office, 1700 Convenl'pn Center Drive, 1"Floor, City Hall, Miami Beach,
Florida 33139. This meeting, or any item therein, may be continued, and under such
circumstances, additional legal notice need not be provided.
Pursuant to Section 286.0"105, Fla. Stat., the City hereby advises the public that if a
person decides to appea{ any decision made by the City Commission with respe.t to
any matter considered al its meetirE or its headng, such p€rson must ensure that a
verbatim record ol the proceedings is made, which record includes the t€stimony and
evidence upon whbh the appeal is to be based. This notice does not consthute consent
by the City for the introdustion or admission of otherwise inadmissible or inelevant
evidence, nor does it auihorize challenges or appeals not othen*ise allowed by law.
To request this material in accessible format, sign language interpreters, information on
access for persors with disabilities ancyor any accommodation to review any document
or participale in any City-sponsored proce€ding, please contact uslive days in advance
ai 305.673.7411(voice) or TTY users may also call the Florida Belay Service at 711.
Bafael E. Granado, City Clerk
City of Miami Beach
ts
r3Hi
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