2001-3301 ORDORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE,
WHEREAS, the City of Miami Beach awards private firms contracts to provide services for
the public. The City also provides financial assistance to promote economic development and job
growth. Such expenditures of public money also serve the 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. Sub-poverty level wages do not serve the public purpose. Such wages instead
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, 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. Therefore, contractors and
subcontractors of City service contracts should 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 THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration"
is hereby created to read as follow:
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Chapter 2
ADMINISTRATION
***
Article VI. Procurement
Division 6. Living Wage Requirements for Service Contracts and City Employees
Section 2-407.R~s~,md Definitions
(a) "City" means the government of Miami Beach or any authorized agents, any board,
agency, commission, department, or other entity thereof, or any successor thereto.
(b) "Covered Employee" means anyone employed by the City or any Service Contractor, as
further defined in this Division, either full or part time, as an employee with or without
benefits or as an independent contractor.
(c) "Covered Employer" means the City and any and all Service Contractors, whether
contracting directly or indirectly with the City, and subcontractors of a Service Contractor.
(d) "Service Contractor" is any individual, business entity, corporation (whether for profit
or not for profit), partnership, limited liability company, ioint venture, or similar business
who is conducting business in Miami Beach, or Miami Dade County, and meets one (1) of
the two (2) following criteria:
(1) The Service Contractor is:
(a) paid in whole or part from one or more of the City's general fund,'
capital project finds, special revenue funds, or any other funds either
directly or indirectly, whether by competitive bid process, informal
bids, requests for proposals, some form of solicitation, negotiation, or
agreement, or any other decision to enter into a contract; or
(b) engaged in the business of, or part of, a contract to provide, a
subcontract to provide, or similarly situated to provide, services,
either directly or indirectly for the benefit of the City. However, this
does not apply to contracts related primarily to the sale of products or
goods.
(e) "Covered Services" are the type of services pumhased by the City that are subject to the
requirements of this Division which include the following:
(1) City Service Contracts
Contracts involving the City's expenditure of over $100,000 per year and which
include the following types of services:
(1) food preparation and/or distribution;
(2) security services;
(3) routine maintenance services such as custodial, cleaning,
computers, refuse removal, repair, refinishing, and recycling;
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(4) clerical or other non-supervisory office work, whether temporary
or permanent;
(5) transportation and parking services;
(6) printing and reproduction services;
(7) landscaping, Lawn, and or agricultural services; and
(8) park and public place maintenance
(2~ Should any services that are being nerformed by City Emt~lovees at the time this
ordinance is enacted be solicited in the future by the City to be nefformed by a
Service Gorltractor, such services shall be Covered Services subject to this Division.
SECTION 2-408. Resei,~d LIVING WAGE
(a) Livin~WaeePaid.
(1) Service Contractors.
All Service Contractors, as defined by this Division, entering into a contract with the
City of Miami Beach shall pay to all its employees who provide services covered by
this Division, a living wage of no less than $8.56 an hour with health benefits, or a
living wage of not less than $9.81 an hour without health benefits, as described in
this Section.
(2) City Employees.
For City Employees under the City pay plan, the City will begin to pay a living wage
consistent with the goals and terms of this Division on phase-in basis beginning in
the 2001-2002 City budget year, increasing on an annual basis incrementally so that
the Living Wage is fully implemented for City employees in the 2003-2004 City
budget year as may be adjusted pursuant to subsection (c) below. Thereafter. the
Living Wa~e to be naid by the City to its emnlovees shall not be subiect to the annual
indexing using the Consumer Price Index for all Urban Consumers (CPI-U] reouired
under subsection (c] below and instead shall be subject to negotiations withill the
collective bargaining structure.
{b) Health Benefits. For a Covered Employer or the City to comply with the living wage
provision by choosing 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 towards the provision of health care 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) 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. Proof of the provision of health
benefits must be submitted to the awarding authority to qualify for the wage rate for
employees with health benefits.
(c) Indexing. The living wage will be automatically indexed each year using the Consumer
Price Index for all Urban Consumers (CPI-U) unless the City Commission determines
it would not be fiscally sound to implement the CPI-U in a particular year.
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(d) Certification Required Before Payment. Any and all contracts for Covered Services
shall be void, and no funds may be released, unless prior to entering any agreement with
the City for a Covered Services contract, the employer certifies to the City that it will pay
each of its employees no less than the living wage described in Section 2-408 (a). A
copy of this certificate must be made available to the public upon request. The
certificate, at a minimum, must include the following:
the name, Address, and phone number of the employer, a local contact
person, and the specific project for which the Covered Services contract
is sought~
(2) the amount of the Covered Services contract and the City Department the
contract will serve;
(3) a brief description of the proiect or service provided;
(4) a statement of the wage levels for all employees; and
(5) a commitment to pay all employees a living wage, as defined by
paragraph Section 2408 (a).
(e) Observation of Other 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 ail other applicable laws such as overtime and similar wage
laws.
(f) Posting. A copy of the 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 be supplied to the employee within a reasonable time after
a request to do so. Posting requirements will not be required where the Covered
Employer prints the following statements on the front of the Covered Employee's first
paycheck and every six months thereafter: "You are required by City of Miami Beach law
to be paid at least $8.56 dollars an hour. If you are not paid this hourly rote, contact your
employer, an attorney, or the City of Miami Beach." All notices will be printed in
English, Spanish, and Creole.
(g) Collective Bar~,aining. Nothing in this Division shall be read to require or authorize any
Covered Employer to reduce wages set by a collective bargaining agreement or are
required under any prevailing wage law.
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SECTION 2-409. ~ IMPLEMENTATION
(a) Procurement Specifications. The living wage shall be required in the procurement
specifications for all City service contracts for Covered Services on which bids or proposals
shall be solicited on or after the effective date of this Division. The procurement
specifications for applicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractors agree to produce all documents and records
relating to payroll and compliance with this Division upon request from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective, shall be subject to the requirements of this Division.
(b) Information Distributed. All requests for bids or requests for proposals for Covered
Services contracts of $I00,000 or more shall include appropriate information about the
requirements of this Division.
(c) Maintenance of Payroll Records. Each Covered Employer shall maintain payrolls for
all Covered Employees and basic records relating thereto and shall preserve them for a period
of three (3) years or the term of the Covered Services contract, whichever is greater. The
records shall contain:
(1) the name and address of each Covered Employeei
(2) the job title and classification;
(3) the number of hours worked each day;
(4) the gross wages earned and deductions madei
(5) annual wages paid;
(6) a copy of the social security returns and evidence of payment
thereof;
(7) a record of fringe benefit payments including contributions to
approved plans; and
(8) any other data or information this Division should require from
time to time.
Reporting Payroll. Every six (6~ months, the Covered Emtflover shall file with the
l?rq>¢urement Director a comnlete nawoll showing, the Covered Emr)lover's oavroll
records for each Covered Emnlovee working, on the contract(s/for Covered Services for
one navroll r>eriod. Upon request from the City, the Covered Employer shall produce
for inspection and copying its payroll records for any or all of its Covered Employees for
any period covered by the Covered Service contract. The City may examine navroll
records as needed to ensure comnliance.
SECTION 2-410. ~
COMPLIANCE AND ENFORCEMENT.
(a) Service Contractor to Cooperate. The Service Contractor shall permit City employees,
agents, or representatives to observe work being performed at, in or on the proiect or matter
for which the Service Contractor has a contract. The City representatives may examine the
books and records of the Service Contractor relating to the employment and payroll to
determine if the Service Contractor is in compliance with the provisions of this Division.
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Complaint Procedures and Sanctions.
(1) An employee who believes that this Division applies or applied to him or her and
that the Service Contractor, or the City, is or was not complying with the
requirements of this Division has a right to file a complaint with the Procurement
Director of the City. Complaints by employees of alleged violations may be made
at any time and shall be investigated within thirty (30) days by the City. Written and
oral statements by an employee shall be treated as confidential and shall not be
disclosed without the written consent of the employee to the extent allowed by the
(2) Any individual or entity may also file a complaint with the Procurement Director
of the City on behalf of an employee for investigation by the City.
(3) R shall be the responsibility of the City to investigate ail allegations of violations
of this Division within thirty (30) days. If, at any time, the City, upon investigation
determines that a violation of this Division has occurred, it shall, within ten (10)
working days of a finding of non-compliance, issue a notice of corrective action to
the employer specifying all areas of non-compliance and deadlines for resolutions of
the identified violations. If a Service Contractor fails to comply with any notice
issued, the City Manager or the City Manager's designee may issue an order in
writing to the Service Contractor, by certified mail or hand delivery, notifying the
Service Contractor to appear at an administrative hearing before the City Manager
or the City Manager's designee to be held at a time to be fixed in such order, which
date shall be not less than five (5) days after service thereof.
(4)
The proceedings shall be informal, but shall afford the Service Contractor the
right to testify in the Service Contractor's own defense, present witnesses, be
represented by counsel, submit relevant evidence, cross examine witnesses and
object to evidence.
(5)
The proceedings shall be recorded and minutes kept by the City. Any Service
Contractor requiring verbatim minutes for judicial review may arrange for the
services of a court reporter at the expense of the Service Contractor.
(6)
Within ten (10) days of the close of the hearing, the City Manager or the City
Manager's designee shall render a decision in writing determining whether or not
the Service Contractor 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.
(7)
The City Manager or the City Manager's designee shall file findings with the
City Clerk, and shall send a true and correct copy of his order by certified mail,
return receipt requested, or by hand deliver~, to the business address as the
Service Contractor shall designate in writing.
(8) The City Manager's or designee's findings shall constitute the final
administrative action of the City for purposes of judicial review under state law.
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(9) If a Service Contractor fails to seek timely appellate review of an order of the
City Manager or the City Manager's designee, or to comply timely with such
order, the City may pursue the enfomement of sanctions set forth in Section 2-
410 (c).
(~) Ih'ivate Right of Action Aoatnst Service Contractor Any Covered Emolovee of or
former Covered Emolovee of a Service Contractor may. instead of utilizim, the City
administrative orocedure set forth in this Division. but not in addition to such orocedure.
brin~, an action by filim, suit a~,ainst the Covered Emolover in any court of comoetent
iurisdiction to enforce the nrovisions of this Division and may be awarded back nav. benefits.
attorney's fees. and costs. The anolicable statute of limitations for such a claim will be two
(2/years as orovided in Florida Statutes Section 95.11(4~(c~ for an action for navment of
Wi~,es. The court may also imnose sanctions on the Service Contractor. includim, those
oersons or entities aidim, or abettim, the Service Contractor. to include wa~e restitution to
the affected Covered Emnlovee and damaoes oavable to the Covered Emnlovee in the sum
of un to $500 for each week each Service Contractor is found to have violated this Division.
(d) Sanctions Against Service Contractors. For violations of this Division, the City shall
sanction a Service Contractor by requiring the Service Contractor to pay wage restitution
at the employers expense for each affected employee and may access the following:
(1) The City may impose damages in the sum of $500 for each week for each
employee found to have not been paid in accordance with this Division;
and/or
(2) The City may suspend or terminate payment under the Covered Services
contract or terminate the contract with the Service Contractori and/or
(3) The City may declare the employer ineligible for future service contracts
for three (3) years or until all penalties and restitution have been paid in full,
whichever is longer. In addition, all employers shall be ineligible under this
section where principal officers of the employer were principal officers of an
employer who violated this Division.
(e) Public Record of Sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(f) Sanctions for .Aiding and Abetting. The sanctions in Section 2410 (c) shall also apply
to any party or parties aiding and abetting in any violation of this Division.
(g) Retaliation and Discrimination Barred. A Covered Employer shall not discharge,
reduce the compensation, or otherwise discriminate against any Covered Employee for
making a complaint to the City, or otherwise asserting his or her rights under this
Division, participating in any of its proceedings or using any civil remedies to enforce
his or her rights under this Division. Allegations of retaliation or discrimination, if found
true in a proceeding under paragraph (b) or by a Court of competent iurisdiction under
paragraph (c), shall result in an order of restitution and reinstatement of a discharged
Covered Employee with back pay to the date of the violation or such other relief as
deemed appropriate.
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(h) Enforcement Powers. If necessary for the enforcement of this Division, the City
.n.'.~.zmz-; Commission may issue subpoenas, compel the attendance and testimony of
witnesses and production of books, papers, records, and documents relating to payroll
records necessary for hearing, investigations, and proceedings. In case of disobedience of
the subpoena, the City Attorney may apply to a court of competent iurisdiction 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
witnesses of the production of such books, papers, records, and documents, as the case may
be, is relevant or necessary for such hearings, investigations, or proceedings, may issue an
order requiring the attendance or testimony of such witnesses or the production of such
documents and any violation of the court's order may be punishable by the court as contempt
thereof.
(i) Remedies Herein Non-Exclusive. No remedy set forth in this Division is intended to
be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this
Division in a court of law. This Division shall not be construed to limit an employee's right
to bring a common law cause of action for wrongful termination.
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 a part of the Code
9f the City of Miami Beach, Florida. The sections of this Ordinance may be returned.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 28th day of April
PASSED and ADOPTED this 18th day of April , 2001.
,2001.
ATTEST:
MAYOR
CITY CLERK
1 st reading
2nd reading XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney _ / ! Date
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CITY OF MIAMI BEACH
Labor Relations
Interoffice Memorandum
To: Jorge Gonzalez
City Manager
From:
Mary Greenwood ~J~-~::~
Executive Assistant to the City Manager/Labor Relations
Date: February 27, 2001
Subject: Living Wage Ordinance Proposal
The Living Wage Ordinance proposes a salary of $8.56 an hour for employees with benefits and $9.31 per
hour for employees without benefits.
Currently, there are only seven (7) classifications in the City of Miami Beach that are below the proposed
Living Wage. Four (4) positions are in the AFSCME Union, which are as follows: Municipal Service Worker
I & II, trainees, and Street Light Technician. Two (2) positions are in the Others Classification, which are as
follow: Concession Attendant and School Guard. One (1) position is in the Unclassified Classification which
is the Office Associate I.
There are fifty-nine (59) full-time employees in these categories. It will cost the City $92,352.00 to bring these
employees up to the proposed Living Wage of $8.56 an hour, since they already have health benefits.
There are forty-five (45) part-time or temporary employees without benefits in these categories. The annual
cost of bringing them up to the proposed Living Wage of $9.31 an hour is $33,107.10, since they do not have
health benefits. The total anticipated cost for the City of Miami Beach employees is $125,459.10.
~ If have any additional concerns or require any additional information regarding this matter, please do not
he. sitate to contact me directly.
MG: vpm
Attachment(s)
Mayra Diaz-Buttacavoli, Assistant City Manager
Patricia Walker, Finance Director
Gus Lopez, Procurement Division Director
Donald Papy, Deputy City Attorney
ATTACItM~NT 1
l.lving Wage Analysis
(0z-0s-0~)
Number o£ employees under hourly wage o£ $8.56:
Annual cost to move them up to an hourly wage of $8.56:
Clas~ication
Concession Attendant (Parks Department)
Municipal Service Worker (Public Works & Parks Department)
Street Lighting Tech I (Pubhc Works)
59
$92,352.00
Number of Emp~ees
4
54
1
Number of employees without benefits under hourly wage of $9.31:
Annual cost to move them up to an hourly wage of $9.31:
Classification
Concession Attendant (Parks Department)
Recreation Leader I (Parks Department)
Concession Attendant (Parks Department)
Municipal Service Worker (Pubhc Works & Parks Department)
Recreation Leader I (Parks Depa~m,ent)
School Guard (Pohce Department)
45
$33,107.10
Number of Emp~ees
2 ("Temps'~
2 ("Temps'~
4 (Part-6me)
7 (Part-time)
2s (Pan-ame)
2 (Part-time)
Total number of AlJ. employees under their associated wage: 104
Annual cost to move AH. employees to their associated wage: $125,459.10
CITY
OF MIAMI BEACH
Procurement Division
Memorandum
To:
From:
Subject:
Mayra Diaz-Buttacavoli
Assistant City Manager
Gus Lopoz, CPPO
Director
Living Wage Ordinance Projections
Date: March 1, 2001
As requested, I have prepared the attached projections to determine the fiscal impact that the
proposed living wage ordinance will have on the City. The projections cover contracted services that
may be subject to the requirements of the Living Wage Ordinance.
It is projected that the adoption of the Living Wage Ordinance will increase the cost of service
contracts by $1,031,296.40 annually when fully effective (Fiscal Year 2004/2005). It is important
to note that a significant mount of this total projected increase when fully effective, is associated
with the following two classifications:
Temporary personnel labor -- increase of $302,318; and
Janitors -- increase of $340,944.
The total of the above listed classifications represents 62% of the total projected increase. Please
note that the attached projections do not include the BFI contract for collection and disposal of
residential solid waste, yard trash, etc. According to Jeanmarie Massa, BFI Manager, all personnel
working for BFI on the City's conuact for collection and disposal...are paid salaries that exceed the
living wage provisions (see attached letter dated March 1,2001).
In the immediate future (Fiscal Year 2001/2002), there are two service contracts that *may be
affected by the proposed Living Wage Ordinance:
Security Guard Services: Request for issuance of RFP will be presented to the April
18 Commission meeting. Projected increase -- $156,744.
Temporary Personnel Services: Request for issuance of RFP will be presented to the
April 18 Commission meeting. Projected increase -- $302,318.
~The word may is used because whether or not these two contracts will be affected is
contingent upon: (1) the Commission authorizing the issuance of the RFPs; and (2) when the
ordinance is adopted -- if adopted after the contracts are awarded then they would not apply, if
adopted prior to the award of these two contracts, then the ordinance would apply.
ATTACHMENT 2 '
In determining the projected fiscal impact of the Living Wage Ordinance, we contacted service
contractors and requested the following information:
a. Classification of each type of employee under contract to the City;
b. Actual hourly wage paid to each classification of employee working under the City
contract;
c. The number of weekly contracted hours for each classification of employee; and
d. The average number of hours actually worked for each classification of employee.
We then reviewed the information provided by the service contractors, and compared said
information with the payment history and contract pricing of each firm.
Please advise if additional information is required.
Attachment: Living Wage Ordinance Projection
GL
c: Mary Greenwood
Trish Walker
Jose Cruz
' ~&e 01 010~:OOp BFI MIRMI Rdminis~pa~ion 1305)$33-~S73 P-~
March 1, 2001
Mr. Gus Lopez, CPPO
Procurement Director
City o[ Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
RE: Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk
Waste, and Operation of the City's Solid Waste Management Facility
Dear Mr, LopeT'.
Please be advised that all personnel working for BFI on the above mentioned
contract make salaries that exceed the "living wage provision". In addition,
BFI provides all employees with benefits that include medical insurance.
Should you have any questions, please feel free to call me at 305-638-3800
exten.~inn ?_17.
Sincerely.
.leanmarie M. Masse, Manager
Marketing/Governmental Service
3840 Nm~hwc~t 37th Cour~ * Miami. Fk,dda 33142
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 Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, April 18, 2001, at the times listed below, to
consider the adoption of the following ordinances:
at 10:45 a.m.: ~
AN ORDINANCE CREATING DIVISION 6 TO BE ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI ENTITLED "PROCUREMENT" OF CN3%PTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION" BY ESTABLISHING A LIVING WAGE REQUIREMENT FOR CITY
SERVICE CONTRACTS AND ESTABLISHING A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Human Resources at (305) 673-7524.
at 11:15 a.m.:
AN ORDINANCE CREATING CHAPTER 12, ARTICLE II OF THE MIAMI BEACH CITY CODE TO BE ElqTITLED "SPECIAL
EVENTSn, CREATING SECTION 12-5, ENTITLED "SPECIAL EVENTS PERMITS", ESTABLISHING PROCEDURES AND
CRITERIA FOR THE MANAGEMENT OF SPECIAL EVENTS PERMITS; AUTHORIZING THE CITY MANAGER OR THE
MAi~AGER'S DESIGNEE TO ISSUE, MODIFY, OR REVOKE SPECIAL EVENTS PERMITS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; AMENDING SECTION 46-156(A) CONCERNING TEMPORARY NOISE PERMITS; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
at 11:30 a.m.:
AN ORDINANCE CREATING CHAPTER 12, ENTITLED "ARTS, CULTURE & ENTERTAINMENT", AND ARTICLE I,
ENTITLED "FILM AND PRINT PRODUCTION", IN THE MIA-MI BEACH CITY CODE, CREATING SECTION 1221,
ENTITLED "PERMITS FOR FILM AND PRINT PRODUCTIONS", ESTABLISHING PROCEDURES AND CRITERIA FOR THE
ISSUANCE OF PERMITS FOR FILM AND PRINT PHOTOGRAPHY IN THE CITY; AUTHORIZING THE CITY MANAGER OR
THE MANAGER'S DESIGNEE TO GRANT FILM AND PRINT PERMITS; PROVIDING FOR ENFORCEMENT A_ND PENALTIES;
AMENDING SECTION 46-156(A) CONCEENING TEMPORARY NOISE PERMITS; PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
Inquiries may be directed to the Arts, Culture and Entertainment at {305) 673-2787.
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 public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 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 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no later
than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOICE), for assistance.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:t\ci, rniar hi-beach .fl. u s
TO:
FROM:
COMMISSION MEMORANDUM NO. ~.~)..~_-C) I
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: April 18, 2001
SECOND READING
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CREATING DIVISION 6, TO BE
ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE
CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE
ENTITLED "ADMINISTRATION", BY ESTABLISHING A LMNG WAGE
REQUIREMENT FOR CITY SERVICE CONTRACTS AND ESTABLISHING
A LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second and final reading.
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 should pay their employees nothing less than the living wage
herein described. 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. Studies
conducted in other areas have shown that a Living Wage Ordinance increases productivity and
enhances employee morale. It also will allow employees to be covered by health insurance or they
should be able to afford to purchase health insurance. In addition, social services are less likely to
be utilized.
General Criteria
The intent of a Living Wage is to provide salary rates for full-time employees equivalent to the
poverty level plus 10% and therefore, eliminate sub-poverty level wages. The Ordinance proposes
a salary of $8.56 per hour for employees who already receive health benefits and $9.31 per 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.
AGENDA ITEM
April 18, 2001
Commission Memorandum
Living Wage Ordinance
Page 2
The Living Wage will be annually increased by the Federal Poverty Guidelines which are issued by
the Department of Health and Human Services. The Poverty Guidelines are updated annually using
the Consumer Price Index for ail Urban Consumers (CPI-U).
The City Commission will have the discretion of not automatically updating the Living Wage if it
is not fiscaily sound or in the City's best interest to implement the annual index in a particuiar year.
An amendment proposed will also have the COLA provision for Covered City Employees be subject
to Collective Bargaining.
City Employees
A total of approximately one hundred and four (104) employees will be affected by this Legislation.
They predominantly perform services in the Departments of Public Works, Parks, and Police. The
estimated impact of the Living Wage Ordinance for the City of Miami Beach Employees in the first
year is $125,000 (see attachment 1). This will be phased in with other annual increases such as
union contracts.
Ciq. Service Contracts and Subcontracts
The estimated cost for outside City Contractors to comply with the Living Wage Ordinance is just
over $1,000,000 (see attachment 2). The Ordinance will be phased in since it will only apply to new
service contracts entered into by the City and, therefore, will apply only to contracts bid after the
passage of this Ordinance.
The proposed Ordinance should cover City Contracts for the following services:
6.
7.
8.
Food preparation and/or distribution;
Security Services;
Routine maintenance such as custodial, cleaning, computers, refuse removal,
repair, refinishing, and recycling;
Clerical or other non-supervisory office work, whether temporary or
permanent;
Transportation and parking services;
Printing and reproduction services;
Landscaping, lawn and or agricnlturai services; and
Parks and public place maintenance.
The proposed Ordinance was referred to the Finance and Citywide Projects Committee (FCWPC)
on February 12, 2001. The FCWPC unanimously recommended that the City Commission adopt
the Living Wage Ordinance. The FCWPC's report was presented to the City Commission at its
February 21, 2001 meeting. The FCWPC made the following recommendations: l) Annual
increases be made to the Living Wage using Federal Poverty Guidelines by the Department of Health
and Human Services. These Federal Poverty Guidelines are annually updated by the CPI-U; 2) The
City Commission have discretion each year to determine whether the City's fiscal condition allows
for an increase; and 3) The FCWPC also directed the Administration to resolve any pending legal
concerns, in preparation for Commission consideration.
April 18, 2001
Commission Memorandum
£iving I'Vage Ordinance
Page 3
The Ordinance was approved on the first reading on March 28, 2001, with one amendment. In
Section 2-410 (g) Enforcement Powers, the revision is that the City Commission, not the City
Attorney may issues subpoenas.
A second amendment was introduced by Mr. Gary Waters, Business Manager of Intematioual Union
of Operating Engineers, at the City Commission Meeting Section 2-406 (e)(2).
Should any services that are heine ~erformed bv City Emnloyees at the time this
ordinance is enacted be solicited in the future by the City to be ~erformed bv a Service Contractor.
such services shall be covered services subject to this Ordinance re~,ardiess of the value of the
The Administration recommended against this amendment. However, after discussion, the
Commission decided to consider this amendment at the second reading so further study could be
made of legal concerns, such as equal protection issues. After review, the Administration still
recommends that this amendment not be approved for the following reasons:
1) All contracts should come under the $100, 000 threshold, and all Service Contractors
should be treated the same.
2) City will have the flexibility to contract out small functions.
3) Our Labor Attorneys, Muller, Mintz, advised that all Service Contractors should be
treated the same; otherwise some Service Contractors may be discouraged from
bidding.
4) This provision could be subject to an equal protection challenge.
Additional Amendments:
Certain additional amendments were proposed after further consideration and discussion with Mr.
Gary Waters, Business Manager of International Union of Operating Engineers and Mr. Arthur J.
Rosenberg, Attorney with Florida Legal Services. They are the following three amendments. The
fourth amendment is recommended by the City Attorney's Office:
(1) Ci~ Employees.
For City Employees under the City pay plan, the CiW will begin to pay a living wage consistent w~th
the goals and terms of this Division on phase-in basis beginning in the 2001-2002 City budget year,
increasing on an annual basis incrementally so that the Living Wage is fully implemented for City
employees in the 2003-2004 City budget year as may be adjusted pursuant to subsection (c) below.
Thereafter. the Livine Waee to be oaid by the City to its employees shall not be subiect to the annual
indexin~ usine the Consumer Price Index for ail Urban Consumers (CPI-U~ rcouired under
subsection (e) below and instead shall be subject to neeotiations within the collective bar~,ainine
April 18, 2001
Commission Memorandum
Living Wage Ordinance
Page 4
This provides that once union employees are paid the Living Wage, their increases will be subject
to their collective bargaining agreements. To do otherwise would result in a two-tiered system with
one group of employees getting their raises according to the Consumer Price Index for all Urban
Consumers (CPI-U), and another group of employees getting increases according to their collective
bargaining agreement.
The Administration recommends that this amendment be approved for the following reasons:
1) This amendment allows more conformity of wages within collective bargaining units
and prevents a two-tier pay system.
2) Our Labor Attorneys, Muller, Mintz, have recommended that such increases should
only be part of the collective bargaining process as required under Florida Statutes.
All benefits that relate to employees must be negotiated through the bargaining unit.
After discussion with Mr. Waters and Mr. Rosenberg, it was agreed that they support this
amendment.
1) Reporting Payroll, Every six (6) months, the Covered Emolover shall file with the Procurement
Director a comnlete uavroll showino the employer's oavroll records for each Covered Emolovee
workin~ on the contract(si for Covered Services for one uavroll oeriod. Upon request from the City,
the Covered Employer shall produce for inspection and copying its payroll records for any or all of
its Covered Employees for any period covered by the Covered Service contract. The City shal_~l
examine oavroll records as needed to ensure comoliance.
The City had previously removed some of the reporting language because of the administrative
burden it would cause. After discussing with Mr. Waters and Mr. Rosenberg, the City is
recommending the above compromise which allows the City to examine payroll records as needed
to ensure compliance.
2) The Administration is recommending an amendment to Section 2-410 (c) (Private Right of
Action). A Private Right of Action allows any employees of a Service Contractor an alternative to
the City's administrative procedure, but not in addition to the procedure and allows them to bring
an action directly to court to enforce the ordinance. The City removed this Private Right of Action
because the City believed that the City's internal administrative procedure was adequate. However,
after meeting with Mr. Waters and Mr. Rosenberg, the City agreed to allow employees the option
of going straight to court. The Private Right of Action is also in the Miami Dade County Ordinance.
3) The Administration is recommending an amendment to Section 2-410 (b). This section states
that an employee's written and oral statements shall be treated as confidential and not be disclosed
without written consent of the employee. At the City Attorney's suggestio~!lL.l~ll~fi~
by Florida Statute~s was added to make it clear that under Florida Law, some statements cannot be
kept confidential.
April 18, 2001
Commission Memorandum
Living Wage Ordinance
Page 5
Enforcement:
Most changes to the County's Ordinance were made to streamline the process. Unlike Miami-Dade
County, it is recommended that a Living Wage Commission not be established and instead any
complaints will be sent to the City's Procurement Director. The City will investigate all complaints
in a timely manner. If the investigation indicates a violation has occurred, a notice of corrective
action will be issued. If the Service Contractor fails to comply with the notice of issue, the City
Manager may issue an order notifying the Service Contractor to appear at an administrative hearing.
The City Manager's findings shall constitute final administrative action of the City for purposes of
judicial review under State law.
Sanctions under the Ordinance include: 1) Damages in the amount of $500.00 for each week; 2)
Suspension or termination of payment under contractor termination of contract; 3) Employer may
be declared ineligible for future service contracts for three (3) years.
Conclusion:
A Living Wage Ordinance has been approved in over forty (40) jurisdictions nationwide and the
Administration supports it. This Ordinance sets a community standard that permits full-time workers
to live above the povert3, line. In addition, the City of Miami Beach will be the first municipality in
Florida to approve the Living Wage Ordinance.
JMG: L: vpm
Attachm~J