Equal Benefits Ordinance: Miami Beach, Fla.
Passed in 2005
- 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
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
Miami Beach Code, Chapter 2, Art. VI, Div. 3, §2-373