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Equal Benefits Ordinance: Miami Beach, Fla.

Passed in 2005

Applies to

  • Contracts that exceed $100,000
  • Contractors that have 51 or more employees
  • Only applies businesses’ operations with the city, however if the actual work related to the city contract is being performed in another state the law applies

Exceptions & Waivers

  • Does not apply to religious organizations, associations, or any non profit or educational institutions supervised or controlled by a religious organization or contractors that are a governmental entity
  • A contractor may pay an employee the cash equivalent in lieu of providing benefits
  • A contractor does not have to provide benefits it they do not do so for employees’ spouses.
  • A contractor is only required to offer equal benefits during the performance of the contract with Miami Beach.

The City Commission, upon recommendation by the City Manager, by a 5/7ths vote can waive compliance if:

  • Contract is responding to an emergency
  • If there is only one bid received
  • If none of the bidders can comply with the ordinance

Enforcement

If the contractor fails to comply with the EBO:

  • May be deemed as a material breach of contract
  • Awarding Authority may terminate the contract
  • Monies due or to become due under the contract may be retained by the City until compliance is achieved
  • City may also pursue any and all other remedies at law

Citation

Miami Beach Code, Chapter 2, Art. VI, Div. 3, §2-373