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J-87-746
9/8/87
ORDINANCE NO.
AN ORDINANCE RELATING TO CONSTRUCTION
CONTRACTS LET BY THE CITY OF MIAMI; PROVIDING
THAT THE CONTRACTOR OR SUBCONTRACTOR
ESTABLISH AND ADMINISTER A MEDICAL INSURANCE
PLAN FUNDED WITH EMPLOYER CASH CONTRIBUTIONS
OR BY THE POSTING OF A BOND TO COVER ALL
LABORERS, MECHANICS AND APPRENTICES EMPLOYED
BY ANY GENERAL OR SUBCONTRACTOR TO PERFORM
LABOR ON ANY AND ALL CONSTRUCTION CONTRACTS
IN WHICH THE CITY OF MIAMI IS A PARTY;
PROVIDING THAT THE PLAN HAVE SIMILAR
PROVISIONS OF PLANS CONTAINED IN LOCAL
COLLECTIVE BARGAINING AGREEMENTS; PROVIDING
FOR EXEMPTIONS WHEN OTHER LAWS APPLY;
PROVIDING FOR EXEMPTIONS WHEN A CONTRACTOR OR
SUBCONTRACTOR IS A SIGNATOR TO A VALID
COLLECTIVE BARGAINING AGREEMENT THAT PROVIDES
FOR A MEDICAL PLAN; PROVIDING FOR THE POSTING
OF NOTICE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN THE CITY CODE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. That this Commission hereby requires the
establishment of a Medical Insurance Plan to provide for all
medically necessary hospital care, physician care, diagnostic
tests, prenatal, and well -baby care and to provide for
catastrophic protection against serious illness, for all
laborers, mechanics, or apprentices employed by any general or
subcontractor which is a party to a construction contract in
which the City of Miami is a party, for the construction,
alteration, and/or repair, including painting and decorating of
any public building or public works project within the
geographical limits of the City of Miami. The contractors or
subcontractors with the City of Miami shall administer the
Medical Insurance Plan and shall fund the same with employer cash
contributions or by posting a bond.
Section 2. Requirements of Coverage and Funding. The plan
coverage and funding requirements to be used in implementation of
this Ordinance shall be those of prevailing rates, eligibility
requirements, and benefit coverage similar to that provided for
in local area collective bargaining agreements.
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Section 3. Covered Employee. A person is deemed to be a
covered employee if he or she is a laborer, mechanic, or
apprentice employed by any contractor or subcontractor which is a
party to a construction contract in which the City of Miami is a
party.
Section 4. Exemption. This Ordinance shall not apply to
any contracts subject to any other Federal, State, County or City
Laws. This Ordinance shall not apply to any contract in which an
employer is a signator to a bona -fide collective bargaining
agreement which obligates such employer to make contributions to
a similar Health and Welfare Plan, and such employer is in full
compliance with the terms of such collective bargaining
agreement.
Section 5. Notice Reauirement. On the date work commences
on a City of Miami public works construction project to which
this Ordinance applies, the contractor shall be required to post
notice in a prominent place at the work site stating the
requirements of this Ordinance.
Section 6. All ordinances, or parts of ordinances insofar
as they are inconsistent or in conflict herewith are hereby
repealed.
Section 7. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
This Ordinance shall be operative and the provisions thereof,
unless otherwise indicated, shall become effective in accordance
with City Charter provisions.
Section 8. It is the intention of the City of Miami
Commission that the provisions of this Ordinance shall become and
be made part of the Code of the City of Miami, Florida, as
amended; which provisions may be renumbered or relettered and
that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this Rth day of
September , 1987.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1987.
XAVIER L. SUAREZ, MAYOR
ATTEST:
NATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
1 �
ROBERT F. CLARK
Chief Deputy City Attorney
APPROVEV,KS TO FORM AND CORRECTNESS:
LUAZA A. DOUGHERTY
Ci y Attorney
LGK/wpo/pb/ebg/bss/M208
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CITY OF MIAMI• FLORIDA
INTER -OFFICE MEMORANDUM
TO 4rs
or and GATE August 24, 1987 "LE
e City CommissionSUBJECT proposed Ordinance
FROMherty REFERENCES
ENCLOSURES
Pursuant to the Commission's request of July 23, 1987, this
office prepared four Ordinances relative to construction
contracts affecting the City of Miami. The Ordinances
transmitted herewith for first reading at the September 8, 1987,
City Commission meeting are as follows:
1. J-87-745-Establishes a rate of wages and
fringe benefit payments for all laborers,
mechanics, and apprentices in accordance with
the rates and payments for similar
classifications as set forth in the Federal
Register.
2. J-87-746-Requires contractors to establish
and administer a medical insurance plan for
their laborers, mechanics and apprentices
with employee cash contributions or by
posting a bond.
3. J-87-747-Requires the use of Dade County
residents as laborers, mechanics, or
apprentices.
4. J-87-773-Requires the owners of minority or
women owned business enterprises to be
certified in the construction field for which
a contract is to be let in order to receive
the minority or women preference on such
contract.
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