2015-29204 Reso RESOLUTION NO. 2015-29204
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING SB
598, HB 181, AND ANY SIMILAR LEGISLATION THAT
WOULD PREEMPT LOCAL GOVERNMENTS FROM
IMPOSING CERTAIN REQUIREMENTS ON STATE-FUNDED
PUBLIC WORKS PROJECTS SUCH AS A) IMPOSING
REQUIREMENTS ON CONTRACTORS PERTAINING TO
WAGES, BENEFITS, HIRING, STAFFING, AND TRAINING,
AND B) RESTRICTING QUALIFIED BIDDERS FROM
SUBMITTING BIDS, BEING AWARDED BIDS OR
CONTRACTS, OR PERFORMING WORK BASED ON PRIOR
POOR PERFORMANCE OR MISCONDUCT; DIRECTING THE
CITY'S STATE LOBBYISTS TO INCLUDE THIS ISSUE AS A
2016 STATE LEGISLATIVE PRIORITY; AND DIRECTING THE.
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO CERTAIN STATE AND LOCAL OFFICIALS.
WHEREAS, Senate Bill 598 ("SB 598") and House Bill 181 ("HB 181") have been
filed for consideration during the Florida Legislature's 2016 session by Senator Jeff
Brandes (R — St. Petersburg) and Representative Charles E. Van Zant (R — Palatka),
respectively; and
WHEREAS, except as required by federal or state law, SB 598 and HB 181, as
filed, would prohibit local governments that contract for the construction, maintenance,
repair, or improvement of public works projects, funded in whole or in part by State
funds, from requiring a contractor, subcontractor, material supplier or carrier from a)
paying employees a predetermined amount of wages or prescribe a wage rate, b)
providing employees a specified type, amount, or rate of employee benefits, c)
controlling, limiting, or expanding staff, or d) recruiting, training, or hiring employees
from a designated, restricted, or single source; and
WHEREAS, SB 598 and HB 181 define "public works" or "public works project"
as "a building, road, street, sewer, storm drain, water system, site development,
irrigation system, reclamation project, gas or electrical distribution system, gas or
electrical substation, or other facility, project, or portion thereof, including repair,
renovation, or remodeling, owned, in whole or in part, by any political subdivision for
which a project for construction, maintenance, repair, or improvement of public works
is to be paid for, in whole or in part, with state funds"; and
WHEREAS, in addition, SB 598 and HB 181, as filed, would also prohibit local
governments from restricting qualified bidders from submitting bids, being awarded
any bid or contract, or performing work on public works projects regardless of whether
such bidder previously performed poorly or engaged in misconduct; and
WHEREAS, the City of Miami Beach ("City") currently imposes a living wage
requirement in Chapter 2 of the City Code for certain maintenance and service
contractors, and requires that such contractors also either provide medical and
insurance benefits or the equivalent in wages; and
WHEREAS, the City Code also currently imposes a prevailing wage requirement
on certain construction contracts; and
WHEREAS, in determining the lowest and best bidder on a formal bid, Section 2-
369 of the City Code requires that the following be considered: (1) the ability, capacity
and skill of the bidder to perform the contract; (2) whether the bidder can perform the
contract within the time specified, without delay or interference; (3) the character,
integrity, reputation, judgment, experience and efficiency of the bidder; (4) the quality
of performance of previous contracts; and (5) the previous and existing compliance by
the bidder with laws and ordinances relating to the contract; and
WHEREAS, to effectuate its policy of utilizing responsible contractors, the City
Code provides for the debarment of contractors that have been convicted of certain
civil or criminal offenses, or have failed to perform, or have unsatisfactorily performed,
with regard to a prior City contract; and
WHEREAS, should these Bills pass, local governments such as the City would
no longer be able to take steps to ensure that workers from within that locality benefit
from construction projects, even when the project is funded primarily by its own
taxpayers; and
WHEREAS, further, local governments would lose the ability to safeguard the
ability of a contractor's employees working on a public project, funded in whole or in
part by State funds, to earn a living wage, a prevailing wage, or even receive health or
life insurance benefits; and
WHEREAS, more specifically, these Bills would take away the City's
prerogative as a market participant to not hire a particular contractor based on prior
poor performance or misconduct; and
WHEREAS, these Bills could adversely affect the City's power in certain State-
funded public works contracts to properly emphasize and incentivize quality
performance by City contractors; and
WHEREAS, for the reasons set forth above, these Bills could adversely affect
the quality of construction projects and undermine the ability of local governments to
set and maintain high ethical and quality standards for contractors that also take into
consideration local needs and protect local workers and residents; and
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WHEREAS, accordingly, the Mayor and City Commission wish to express their
strong opposition to these Bills, and to any similar legislation, and to make this issue a
legislative priority for the 2016 Florida legislative session.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby oppose SB 598 and HB 181, and any similar legislation that
would preempt local governments from imposing certain requirements on State-
funded public works projects such as a) imposing requirements on contractors
pertaining to wages, benefits, hiring, staffing, and training, and b) restricting qualified
bidders from submitting bids, being awarded bids or contracts, or performing work
based on prior poor performance or misconduct; direct the City's State lobbyists to
include this issue as a 2016 State legislative priority; and direct the City Clerk to
transmit copies of this Resolution to the Governor of Florida, the Senate President, the
House Speaker, Senator Jeff Brandes, Representative Charles E. Van Zant, and the
Chair and Members of the Miami-Dade State Legislative Delegation.
PASSED and ADOPTED this day of December, 2015.
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F:ATTO\TURN\RESOS\Opposing SB 598&HB 181 [11-24-15].docx
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M BEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM .
TO: Members of the City Commission
City Manager Jimmy Morales
•
FROM: Raul J. Aguila, City Attorne O
DATE: December 9, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING SB 598, HB
181, AND ANY SIMILAR LEGISLATION THAT WOULD
PREEMPT LOCAL GOVERNMENTS FROM IMPOSING CERTAIN
REQUIREMENTS ON STATE-FUNDED PUBLIC WORKS
PROJECTS SUCH AS A) IMPOSING REQUIREMENTS ON
CONTRACTORS PERTAINING TO WAGES, BENEFITS, HIRING,
STAFFING, AND TRAINING, AND B) RESTRICTING QUALIFIED
BIDDERS FROM SUBMITTING BIDS, BEING AWARDED BIDS
OR CONTRACTS, OR PERFORMING WORK BASED ON PRIOR
POOR PERFORMANCE OR MISCONDUCT; DIRECTING THE
CITY'S STATE LOBBYISTS TO INCLUDE THIS ISSUE AS A
2016 STATE LEGISLATIVE PRIORITY; AND DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
CERTAIN STATE AND LOCAL OFFICIALS.
The attached Resolution is sponsored by Commissioner Micky Steinberg and is
submitted for consideration by the Mayor and City Commission at the December 9,
2015 City Commission Meeting.
F:\ATTO\TURN\COMMMEMO\Opposing SB 598&HB 181.docx
Agenda Item C? C-
Date /2-9-/S--
Cardillo, Lilia
From: Cardillo, Lilia
Sent: Thursday, December 17, 2015 2:13 PM
To: Baez, Gloria
Cc: Rafael Granado
Subject: Resolution 2015-29204
Attachments: Resolution 2015-29204.pdf
Hi Gloria,
As you are the City's Lobbyist liaison, please see attached Resolution No. 2015-29204 approved on December 9, 2015
Commission meeting,A Resolution Opposing SB 598, HB 181, And Any Similar Legislation That Would Preempt Local
Governments From Imposing Certain Requirements On State-Funded Public Works Projects Such As A) Imposing
Requirements On Contractors Pertaining To Wages, Benefits, Hiring, Staffing,And Training,And B) Restricting Qualified
Bidders From Submitting Bids, Being Awarded Bids Or Contracts, Or Performing Work Based On Prior Poor Performance
Or Misconduct; Directing The City's State Lobbyists To Include This Issue As A 2016 State Legislative Priority;And
Directing The City Clerk To Transmit A Copy Of This Resolution To Certain State And Local Officials.
Please forward this Resolution to our City Lobbists.
Thank you,
MIAMIBEACH
Lilia Cardillo,Agenda Coordinator
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411/ Fax: 786-394-4139/ext. 6780 Iiliacardillo @miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,
historic community
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