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File ID: #1166
Ordinance
Second Reading
Sponsored by: Keon Hardemon, Commissioner, Ken Russell, Commissioner
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 18-556
ENTITLED "DEFINITIONS", SECTION 18-557 ENTITLED "LIVING WAGE", SECTION
18-558 ENTITLED "IMPLEMENTATION", AND SECTION 18-559 ENTITLED
"COMPLIANCE AND ENFORCEMENT", TO REQUIRE A LIVING WAGE AS
PROVIDED HEREIN FOR SERVICE CONTRACTS ENTERED INTO BY THE CITY OF
MIAMI ("CITY") ON OR AFTER JANUARY 1, 2017, WITH CONTRACTORS
PROVIDING SERVICES EXCEEDING $100,000.00 ANNUALLY, AS DEFINED
HEREIN; PROVIDING CERTAIN EXCLUSIONS FROM THE LIVING WAGE
REQUIREMENT PROVIDED FOR HEREIN; PROVIDING THE ADDITIONAL REMEDY
OF SUSPENSION OR DEBARMENT FOR VIOLATIONS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13648
File Number: 1166 Final Action Date: 11/17/2016
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 18-556
ENTITLED "DEFINITIONS", SECTION 18-557 ENTITLED "LIVING WAGE", SECTION
18-558 ENTITLED "IMPLEMENTATION", AND SECTION 18-559 ENTITLED
"COMPLIANCE AND ENFORCEMENT", TO REQUIRE A LIVING WAGE AS
PROVIDED HEREIN FOR SERVICE CONTRACTS ENTERED INTO BY THE CITY OF
MIAMI ("CITY") ON OR AFTER JANUARY 1, 2017, WITH CONTRACTORS
PROVIDING SERVICES EXCEEDING $100,000.00 ANNUALLY, AS DEFINED
HEREIN; PROVIDING CERTAIN EXCLUSIONS FROM THE LIVING WAGE
REQUIREMENT PROVIDED FOR HEREIN; PROVIDING THE ADDITIONAL REMEDY
OF SUSPENSION OR DEBARMENT FOR VIOLATIONS; 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 Commission wishes to amend the City Code to require that Service
Contractors providing services to the City pay employees a Living Wage;
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 if fully set forth in this Section.
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
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.
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
Sec. 18-556. Definitions.
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.
Contract means any contract to provide services to the City in which the total value of the
contract exceeds $100,000.00 per year.
Contractor means any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business entity which meets the following
criteria:
(1)The 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, including, but not
limited to, grants, donations, and the like, whether by competitive bid process, requests
for proposals, or some other form of competitive solicitation, negotiation, or agreement,
or any other decision to enter into a Contract; and
(2)The Contractor is engaged in the business of or part of a Contract to provide services for
the benefit of the City. This Section shall apply to employees of the Contractor who
spend the majority of their time on covered City of Miami service contracts. If the
Contract is for both goods and services it shall only apply to the services portion of
such Contract. This Section shall not apply to Contracts which are primarily for the sale
or leasing of goods. Goods are defined in Section 18-73 of the City Code.
Covered employee means anyone employed by the city working more than 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.
Covered employer means the city and any and all service contractors and subcontractors of
a service contractor.
Covered services means the following services purchased by the city that are subject to the
requirements of this article:
{1) City service contracts. Contracts awarded by the city that involve a total contract value
that exceeds $100,000.00 per year for any of the following services:
a. Food prcparation and/or distribution;
b. Security services;
c. Routine maintenance services such as custodial, cleaning, computers, refuse
removal, repair, refinishing and recycling;
d. Clerical or other non supervisory office work, whether temporary or permanent;
c. Transportation and parking scrvices;
f. Printing and reproduction services;
g. Landscaping, lawn, and or agricultural services.
Living wage means a wage set at a level equal to 110 percent of the povcrty guidclinc as
published from time to time by the U.S. Department of Health and Human Services Poverty
Guidelines (persons in households of four). The 2006 living wage is no le-s than $10.58 an hour
hour without health benefits. The living wage shall be adjusted annually by no later than April 1
following the publication of the aforementioned guidelines. means a wage that is as defined in
Section 18-557 of the City Code. The Living Wage may be adjusted once annually by an
amount equivalent to the Cost of Living Adjustment for Miami -Dade County as published by the
United States Department of Labor, Bureau of Labor Statistics. Language so stating will be
included in all Request for Proposals, or other competitive solicitation documents, issued by the
City for the procurement of services (unless the Living Wage provisions are excluded as
rovided in Section 18-557 herein
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
New Service Contracts means those having Contracts competitively solicited and awarded
on or after January 1, 2017.
Service contract is a contract for covered services. means a Contract to provide services to
the City excluding, however, professional services as defined by the "Consultants Competitive
Negotiation Act" set forth in Section 287.055, Florida Statutes, and Section 18-87 of the City
Code and/or the other exclusions provided by Section 18-557 of the City Code.
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
indirectly, whether by competitive bid process, informal bids, requests for proposals,
{2) The ser�,�,ce-contractor is -engaged t b sass f-0,, or part of, a -contract ems
subcontract to provide covered serviccs, either directly or indirectly, for the benefit of
the city. However, this does not apply to contracts related primarily to the sale of
its or goods.
Sec. 18-557. Living wage.
(a) Living wage paid.
(1) New Service GContractors. All service contractors renewing a contract subject to this
articic, to providc covcred services to the city shall pay to all its employees who
provide covered services a living wage of no loss 4han $10 58 an hout or as adii fisted
Geroge of not loss 4han $11 83 an hour or as adjusted annually per section 18 -556
without health benefits. All New Service Contracts shall pay to all its employees who
provide covered services a Living Wage of no less than $15.00 per hour without health
benefits; or a wage of no less than $13.19 an hour with health benefits as defined in
this Section unless otherwise excluded pursuant to this Article.
(2) Existing service contracts. Service contracts awarded and/or executed effective or
competitively solicited prior to October 1, 2006 January 1 , 2017, shall not be subject to
the payment of the living wage set forth in this Section and shall continue to be
governed by the terms and conditions of the respective solicitation and resulting
contractual documents, when applicable. 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) The Living Wage provisions shall apply to all Contracts covered by this Section unless
specifically excluded by one or more subsections below:
(i) The Living Wage provision is disallowed by a federal or state law or regulation,
grant requirements, or by a Contract the City is accessing by "piggybacking", and
which Contract does not include a Living Wage provision;
(ii) Funding sources for the Contract disallow the Living Wage provision or provide
contradictory funding requirements, or are contained in a Contract awarded or
solicited prior to the effective date of January 1, 2017, and which Contract includes
renewals or extensions;
(iii) Professional Service Contracts awarded under the "Consultants Competitive
Negotiation Act", Section 287.055, Florida Statutes, for the professional services
within the scope of the practice of architecture, professional engineering,
landscape architecture, registered surveying, and/or mapping;
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
(iv) The Living Wage provision is waived by the City Commission by Resolution, prior
to issuance of the competitive solicitation document, upon written recommendation
of the City Manager or authorized designee, when the City Commission finds it is in
the best interest(s) of the City to approve such waiver, in which case the Living
Wage provision shall not apply in the competitive solicitation document; or
(v) All responsible wage construction contracts covered by Section 18-120 of the City
Code.
(4) City employees. For covered employees of the city, the city will begin to pay the living
wage on a phase -in basis over a 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 who is a service contractor 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 81 per hour toward the provision of health benefits for
covered employees and their dependents and shall be approved by the city.
If the health benefit 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$13.19 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 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.
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
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.
(a) 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.
(b) 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.
Sec. 18-559. - 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 article.
(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 article 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 article, 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 article and may be awarded back pay, benefits, attorney's fees, and costs.
The applicable statute of limitations for such a claim will be two 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
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
court may also impose sanctions on the service contractor, including those persons or
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 article.
(d) Sanctions against service contractors. For violations of this article, 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 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 article;
(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 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 article.
(4) If the Contract has been awarded under the City of Miami Procurement Ordinance, the
City may debar or suspend the Contractor as provided therein.
(e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter
of public record.
(f)
(g)
Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to
any party or parties aiding and abetting in any violation of this article.
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 article, participating
in any of its proceedings or using any civil remedies to enforce his or her rights under this
article. 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 article is intended to be
exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this
article or in a court of law. This article shall not be construed to limit an employee's right to
bring a common law cause of action for wrongful termination.
Secs. 18-560 18 599. Reserved. Employers receiving direct tax abatement or subsidy.
The City reserves the right to impose the Living Wage requirements of this Ordinance on or
after January 1, 2017 on any employer as a condition of that employer receiving a direct tax
abatement or subsidy from the City.
Secs. 18-561-18-599. Reserved.
*11
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.
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 1166 (Revision: A) Printed On: 3/18/2025