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Home My WebLink AboutO-13110VoF, City of Miami W F .. is,.,"�, *'Ir Legislation i 0 R �O Ordinance: 13110 File Number: 09-01135 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/22/2009 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", TO CHANGE THE APPLICABILITY OF THE LIVING WAGE PROVISIONS TO FUTURE CONTRACTS AND EXPAND THE TIME FRAMES FOR APPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTIONS 18-557 AND 18-558 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") adopted Chapter 18/Article X, of the Code of the City of Miami, Florida, as amended (the "Code") entitled "Living Wage Requirements for Service Contracts and City Employees" (the "Living Wage Ordinance"); and WHEREAS, the current budget requires an amendment to the Living Wage Ordinance in order reduce the costs of salaries paid to City employees and the cost of contracts awarded for City services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Chapter 18 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: {1} "CHAPTER 18. FINANCE ARTICLE X. LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES City of Miand Page 1 of 4 File Id. 09-01135 (Version: 2) Printed On: 7/3/2017 File Number: 09-01135 Enactment Number: 13110 Sec. 18-557. Living wage. (a) Living wage paid. (1) Service contractors. All service contractors entering ^vr renewing irate -a contract subject to this article, to provide covered services to the city shall pay to all its employees who provide covered services, a living wage of no less than $10.58 an hour or as adjusted annually per Section 18-556 with health benefits, as described in this section, or a living wage of not less than $11.83 an hour or as adjusted annually per Section 18-556 without health benefits. (2) Existing service contracts. Service contracts awarded and/or executed prior to the offer tive date of, his antic October 1, 2006 shall not be subject to the payment of the living wage. Service contracts awarded and/or executed between October 1, 2006 and October 22, 2009 shall be governed by the terms and conditions of their respective formal solicitation and resulting contractual documents, when applicable. (3) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase-in basis over a three five-year period beginning with the 2006-2007 city budget year. The City Manager, in his sole discretion, without further City Commission approval, shall have the option to consider whether it is in the City's best interest to complete the phase-in payment of living wage to City employees on a four year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.25 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefits. plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $10.58 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article, shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid 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 service contractor shall pay covered employees wage rates City of Miand Page 2 of 4 File Id. 09-01135 (Version: 2) Printed On: 7/3/2017 File Number: 09-01135 Enactment Number: 13110 in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, 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 such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a Living Wage. If you do not believe you are being paid at the Living Wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. Sec. 18-558. Implementation. (as) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (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 the city shall require from time to time. (bd) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Section 3. This Ordinance is declared to be an emergency measure on the grounds of urgent City of Miand Page 3 of 4 File Id. 09-01135 (Version: 2) Printed On: 7/3/2017 File Number: 09-01135 Enactment Number: 13110 and public need for the preservation of peace, health, safety, and property of the City, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 4. The requirements of reading this Ordinance on two separate days is dispensed with an affirmative vote of not less than four-fifths (4/5th) of the members of the Commission. Section 5. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {1 } Footnotes: {1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission City of Miami Page 4 of 4 File Id. 09-01135 (Version: 2) Printed On: 7/3/2017