| | | | | | | |  | Ordinances - R5 P
COMMISSION MEMORANDUM |
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| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Jimmy L. Morales, City Manager | | DATE: | December 11, 2019 | | | First Reading
| SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 31 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PURCHASING,"
BY AMENDING ARTICLE II THEREOF, ENTITLED "CONSTRUCTION
CONTRACTS - MINIMUM WAGES AND BENEFITS," BY AMENDING
SECTION 31-27, ENTITLED "ESTABLISHMENT OF MINIMUM
WAGES," TO INCREASE THE CONTRACT THRESHOLD FOR CITY
PROJECTS SUBJECT TO MINIMUM WAGES AND BENEFITS; BY
AMENDING SECTION 31-31, ENTITLED "EXCEPTIONS," TO EXEMPT
EMERGENCY PURCHASES FROM THE MINIMUM WAGE
REQUIREMENTS OF THE ORDINANCE; BY CREATING SECTION 31-32, ENTITLED "REPORTING REQUIREMENT," TO INCLUDE A
REPORTING REQUIREMENT OF CERTIFIED PAYROLL
INFORMATION FOR ALL CITY CONSTRUCTION CONTRACTS IN
EXCESS OF $1,500,000, INCLUDING CONTRACTS EXEMPTED
PURSUANT TO SECTION 31-31 OF THE CITY CODE; AND BY
AMENDING ARTICLE Ill, ENTITLED "LOCAL WORKFORCE
PARTICIPATION GOALS AND REPORTING REQUIREMENTS FOR
CITY CONSTRUCTION CONTRACTS," SECTION 31-40 THEREOF,
ENTITLED "LOCAL WORKFORCE PARTICIPATION GOALS AND
REPORTING REQUIREMENTS FOR CITY CONSTRUCTION
CONTRACTS," TO STREAMLINE REPORTING REQUIREMENTS AND
ELIMINATE UNNECESSARY INTERIM WORKFORCE PARTICIPATION
REPORTING REQUIREMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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| | | | | | | | ANALYSIS
| Section 31, Article II of the City Code requires that construction contractors pay wages that are in accordance with United States Department of Labor, Federal Register, to any laborer, mechanic and apprentice that performs work on any project in excess of $1,000,000. Section 31, Article III of the City Code requires, for any project to which Article II is applicable, that contractors make reasonable efforts to promote employment opportunities, with a goal of thirty percent (30%), for Miami Beach and Miami-Dade County residents.
The proposed revisions incorporated are intended to address the following goals:
1. Article II.
a. Update the project threshold to allow for the impact of inflation.
b. Include an exemption for emergency projects pursuant to Section 2-396 of the City code.
c. For a period of 12 months, implement a reporting requirement for all projects above the threshold amount. The purpose of the reporting requirement is to collect data on the wages the contractors are paying employees. This information will help the City better understand the pressures of the labor market on contractor employee wages.
2. Article III.
a. Since Article III is only applicable to projects that would fall under the requirements of Article II, the proposed changes will make Article III consistent with Article II.
b. Eliminate the requirement that bidders submit staffing information with the bid since most contractors (and subcontractors) cannot assign staff to a project until the project is awarded.
c. Eliminate the requirement that contractors submit local workforce information monthly. The article already requires bidders to submit an affidavit affirming that they, if selected, agree to hire at least 30% of its workforce from the local area. The article further requires contractors to submit a final report detailing its performance and efforts in complying with the local workforce requirement. Requiring contractors to additionally submit monthly employee residency reports, in addition to the reporting requirements of Article II, is a burdensome exercise for contractors that does not typically provide benefits and is contrary to the goal of making it easier for contractors to do business with the City. |
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| | | | | | | | Is this a Resident Right to Know item? | | Does this item utilize G.O. Bond Funds? | | No | | No | |
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| | | | | | | | Legislative Tracking Procurement/Office of the City Attorney |
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| | | | | | | | Sponsor Sponsored by Commissioner Steinberg |
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