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HomeMy WebLinkAboutO-12787City of Miami Legislation Ordinance: 12787 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00423 Final Action Date: 4/6/2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING A NEW ARTICLE (TO BE DETERMINED BY THE CODIFIER), ENTITLED "THE LIVING WAGE ORDINANCE;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2006. WHEREAS, the City of Miami (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 and nutrition; 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 level, and therefore, contractors and subcontractors of City service contracts should pay their employees nothing less than the living wage herein described; and WHEREAS, based on the 2006 HHS Poverty Guidelines (Persons in Households of 4), the City's living wage should be set at a level equal to 110% of the poverty guideline; and WHEREAS, in addition to requiring living wages of private firms providing certain City services, the City wishes to serve as an example by mandating a living wage for all City employees; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Living Wage Ordinance (the "Ordinance") are adopted by reference and incorporated as if fully set forth in this Ordinance. Section 2. Chapter 18 of the Code of the City of Miami, Florida, as amended, entitled "Finance," is amended in the following particulars:{1} City of Miami Page 1 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 "Chapter 18" FINANCE LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES I. DEFINITIONS (a) City means the government of the City of Miami 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 working more than thirty-five (35) hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the City. (c) Covered Employer means the City and any and all service contractors and subcontractors of a service contractor. (d) Covered Services means the following services purchased by the City that are subject to the requirements of this Ordinance: (1) City service contracts. Contracts awarded by the City that involve a total contract value that exceeds $100,000 per year for any of the following services: i. Food preparation and/or distribution; ii. Security services; iii. Routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; iv. Clerical or other non -supervisory office work, whether temporary or permanent; v. Transportation and parking services; vi. Printing and reproduction services; vii. Landscaping, lawn, and or agricultural services. (e) Living Wage means a wage set at a level equal to 110% of the poverty guideline as published from time to time by the U.S. Department of Health and Human Services Poverty Guidelines (Persons in Households of 4). The 2006 Living Wage is no less than $10.58 an hour with a health benefit plan, as described in this Ordinance, or a Living Wage of not less than $11.83 an hour without health benefits. The Living Wage shall be adjusted annually by no later than April 1 following the publication of the aforementioned Guidelines. fl Service Contract is a contract for Covered Services. City of Miami Page 2 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 (g) Service Contractor is any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business which meets the following criteria: (1) The Service Contractor is paid in whole or part from one or more of the City's general funds, capital project funds, 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; and, (2) The Service Contractor is engaged in the business of, or part of, a contract or a subcontract to provide Covered 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. II. LIVING WAGE Oj Living Wage paid. (1) Service Contractors. All Service Contractors entering or renewing into a contract 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 with health benefits, as described in this section, or a Living Wage of not less than $11.83 an hour without health benefits. (2) Existing Service Contracts. Service Contracts executed prior to the effective date of this Ordinance shall not be subject to the payment of the Living Wage. (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 (3) three year period beginning with the 2006-2007 City budget year. 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 Ordinance 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 ninety days. (c) Certification required before payment. Any and all Service Contracts 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. City of Miami Page 3 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 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 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 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 shall furnish a copy of the requirements of this Ordinance to any entity submitting a bid for a subcontract on any Service Contract subject to this Ordinance. Posting requirements will not be required where the Service Contractor 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 Ordinance shall be read to require or authorize any Service Contractor to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. III. IMPLEMENTATION (a) Procurement specifications. The Living Wage shall be required in the procurement specifications for all Service Contracts on which bids or proposals shall be solicited on or after the effective date of this Ordinance. The procurement specifications for applicable Service Contracts shall include a requirement that, upon request from the City, Service Contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance with this Ordinance. (b) Information distributed. All requests for bids or requests for proposals for Service Contracts shall include appropriate information about the requirements of this Ordinance. City of Miami Page 4 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 (c) Maintenance of payroll records. Each Service Contractor shall maintain payroll record for all Covered Employees and basic records relating thereto and shall preserve them for a period of three (3) 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. (d) Reporting payroll. Every six (6) months, the Service Contractor shall file with the City's procurement director a listing of all Covered Employees together with a certification of compliance with this Ordinance. 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. IV. 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 project 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 of Covered Employees and may survey Covered Employees to determine if the Service Contractor is in compliance with the provisions of this Ordinance. (b) Complaint procedures and sanctions. An employee who believes that he/she is a Covered Employee of a Service Contractor and that the Service Contractor is or was not complying with the requirements of this Ordinance has a right to file a complaint with the procurement director of the City. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the City. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against Service Contractor. Any Covered Employee or former Covered Employee of a Service Contractor may, instead of utilizing the City administrative procedure set forth in this Ordinance, but not in addition to such procedure, bring an action by filing suit against the Service Contractor in any court of competent jurisdiction to enforce the provisions of this Ordinance and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two (2) years as provided in F.S. § 95.11 (4) (c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the Service Contractor, including those persons or City of Miami Page 5 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 entities aiding or abetting the Service Contractor, to include wage restitution to the affected Covered Employee and damages payable to the Covered Employee in the sum of up to $500.00 for each week the Service Contractor is found to have violated this Ordinance. (d) Sanctions against Service Contractors. For violations of this Ordinance, the City shall sanction a Service Contractor by requiring the Service Contractor to pay wage restitution at its expense for each affected employee. The City may also sanction the Service Contractor in at least one (1) of the following additional ways: (1) The City may impose damages in the sum of $500.00 for each week for each Covered Employee found to have not been paid in accordance with this Ordinance; (2) The City may suspend or terminate payment under the Service Contract or terminate the contract with the Service Contractor; and, (3) The City may declare the Service Contractor 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, any employer shall be ineligible for a Service Contract where principal officers of such employer were principal officers of a Service Contractor who has been declared ineligible under this Ordinance. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. fl Sanctions for aiding and abetting. The sanctions contained in this Ordinance shall also apply to any party or parties aiding and abetting in any violation of this Ordinance. (g) Retaliation and discrimination barred. A Service Contractor 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 Ordinance, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this Ordinance. Allegations of retaliation or discrimination, if found true in a City administrative proceeding or by a court of competent jurisdiction, 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. (h) Remedies herein non-exclusive. No remedy set forth in this Ordinance is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this Ordinance or in a court of law. This Ordinance shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. *I1 Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. City of Miami Page 6 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017 File Number: 06-00423 Enactment Number: 12787 Section 4. 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. Section 5. This Ordinance shall become effective October 1, 2006 after final reading and adoption thereof.{2} Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall becorr effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File Id: 06-00423 (Version: 21 Printed On: 1/6/2017