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HomeMy WebLinkAboutO-13405City of Miami Legislation Ordinance: 13405 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00773 Final Action Date: 9/26/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", MORE PARTICULARLY BY AMENDING SECTION 18-557 ENTITLED "LIVING WAGE", TO EXPAND THE TIME FRAME FOR APPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; 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 ("City Code") entitled "Finance/Living Wage Requirements for Service Contracts and City Employees"; and WHEREAS, the City requires an amendment to expand the implementation timeline an additional four (4) years for 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 Ordinance are adopted by reference and incorporated as fully set forth in this Section. {1} Section 2. Chapter 18/Article X of the City Code is further amended in the following particulars: "CHAPTER 18 FINANCE ARTICLE X. LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES * Sec. 18-557. Living wage. (a) Living wage paid. (1) Service contractors. All service contractors renewing 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 City of Miami Page 1 of 3 File Id: 13-00773 (Version: 2) Printed On: 9/18/2017 File Number: 13-00773 Enactment Number: 13405 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 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 five nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal 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 articleTshall 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 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 articleTshall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract City of Miami Page 2 of 3 File Id: 13-00773 (Version: 2) Printed On: 9/18/2017 File Number: 13-00773 Enactment Number: 13405 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. *1I Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {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} 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 3 of 3 File Id: 13-00773 (Version: 2) Printed On: 9/18/2017