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