2016-4030 Ordinance ORDINANCE NO. 2016-4030
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
CREATING ARTICLE III, TO BE ENTITLED "LOCAL
WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS," TO ESTABLISH
WORKFORCE PARTICIPATION GOALS AND
REPORTING REQUIREMENTS FOR CITY
CONSTRUCTION CONTRACTS IN EXCESS OF
$1,000,000 FOR THE CONSTRUCTION, DEMOLITION,
ALTERATION AND/OR REPAIR OF CITY BUILDINGS,
CITY PUBLIC WORKS, AND BUILDINGS OR
IMPROVEMENTS LOCATED ON CITY-OWNED LAND;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in order to encourage the hiring of Miami Beach and Miami-Dade
County residents for construction projects in excess of $1,000,000 for City buildings,
City public works, and buildings or improvements located on City land, the hiring goals
and reporting requirements set forth in this Ordinance should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Article III of Chapter 31 of the Code of the City of Miami Beach,
Florida, is hereby created as follows:
CHAPTER 31
PURCHASING
* * *
Sec. 31-32 — 31-39. Reserved.
ARTICLE III. LOCAL WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS.
Sec. 31-40. Local Workforce Participation Goals and Reporting Requirements for
City Construction Contracts.
(1) Definitions. The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
(a) City construction contract means (i) a city contract valued in excess of
$1,000,000 for the construction, demolition, alteration and/or repair of city
buildings or city public works, or (ii) a contract valued in excess of $1,000,000
which provides for privately-funded construction, demolition, alteration and/or
repair of buildings or improvements located on city—owned land.
(b) Department means the department responsible for managing the awarded
city construction contract as designated by the city manager.
Lcj Contractor means any person or entity providing construction services
pursuant to subsection (1)(a).
(2) Implementation. The provisions of this article shall apply to city construction
contracts that: a) are subject to section 31-27 of article II of this chapter; and b)
are awarded pursuant to an Invitation to Bid (ITB) or Request for Proposals
(RFP) issued by the city on or after April 1, 2017.
(3) General requirements.
(a) Except where state, county or federal laws or regulations, or other approved
granting agencies, mandate to the contrary, all contractors and
subcontractors of any tier performing on a city construction contract shall
satisfy the requirements of this article.
(b) As a condition of submitting a bid or proposal for a city construction contract,
a general contractor, construction manager, or other contractor seeking
award of a contract, shall submit a responsible contractor affidavit, as
provided in subsection (4), with its bid or proposal. The city shall provide
notice to any contractor who fails to submit a responsible contractor affidavit
that said contractor has forty-eight (48) hours from the time of notification to
submit a responsible contractor affidavit or its bid or proposal will be deemed
nonresponsive and disqualified from consideration.
(c) The responsible contractor affidavit shall be completed on a standard form
authorized by the Procurement Director and shall reference the city
construction contract for which a bid or proposal is being submitted by name
and contract or project number. Any city agency, department, or other party
responsible for administering a city construction contract shall require
contractors to use the standard form authorized by the Procurement Director.
A city construction contract shall not be executed until all requirements of this
section have been fulfilled.
Lei No contractor shall receive final payment for completion of a city construction
contract until the city receives a completed workforce performance report
submitted pursuant to subsection (4)(b).
(4) Responsible contractor affidavit and workforce performance reporting
requirements; contractor past performance.
Responsible contractor affidavit. A construction manager, general contractor,
or other contractor submitting a bid or proposal for a city construction contract
shall verify the following information on its responsible contractor affidavit
form:
(1) The contractor will make its best reasonable efforts to promote
employment opportunities for Miami-Dade County residents by seeking
to achieve a project goal of having thirty percent (30%) of all
construction labor hours performed by Miami-Dade County residents.
The contractor shall also make its best reasonable efforts to promote
employment opportunities for Miami Beach residents. To verify
workers' residency, contractors shall provide the residence address of
each worker.
(2) The responsible contractor affidavit shall specify the total number of
persons that will be used by the contractor (and by all subcontractors)
to perform all of the construction trades and labor work of the contract,
broken down by trade and labor category, minimum qualifications for
each category, and the number of persons to be utilized in each
category. The name, address, and trade category of all persons
proposed to perform work under the contract currently on the
contractor's (or on any proposed subcontractor's) payroll who reside in
Miami Beach and Miami-Dade County shall be provided. The
responsible contractor affidavit shall also indicate the number of
positions shown on the work, trade categories, and minimum
qualifications therefore, to be. hired by the contractor (or by any
proposed subcontractors) to perform the construction trades and labor
work under the contract.
(b) Workforce performance report. Before its final application for payment of a
city construction contract, the contractor responsible for the project shall
submit a workforce performance report to the city which shall include the
following information on the workforce employed in the execution of the
contract:
(1) The total number of construction labor work hours performed on the
project, and the number and percentage of such work hours performed
by Miami Beach and Miami-Dade County residents;
(2) Supporting documentation verifying construction labor work hours
performed by Miami Beach and Miami-Dade County residents;
(3) Supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County
residents if the project goal of thirty percent (30%) of all construction
labor hours to be performed by Miami-Dade County residents is not
met.
(c) When evaluating a prospective contractor's bids or proposals for future city
construction contracts, in addition to those factors identified in Section 2-369
of the City Code for determination of award, the contractor's past record of
meeting local workforce goals and complying with reporting requirements of
this article shall be considered.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the city of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Miami Beach City Code. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the VI day of S*p4.t moo( , 2016.
PASSED AND ADOPTED this 14 day of 5,P4e Mber , 2016.
Philip e/% ayor
ATTEST:
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APPROVED AS TO
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(Sponsored by Commissioner Micky Steinber
T:\AGENDA\2016\July\Procurement\Workforce Ordinance\Workforce Requirements Contruction Contracts 20160607.docx
Ordinances - R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
10:45 a.m. Second Reading Public Hearing
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 CREATING ARTICLE III, TO
BE ENTITLED "LOCAL WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS," TO ESTABLISH WORKFORCE
PARTICIPATION GOALS AND REPORTING REQUIREMENTS FOR CITY
CONSTRUCTION CONTRACTS IN EXCESS OF $1,000,000 FOR THE
CONSTRUCTION, DEMOLITION, ALTERATION AND/OR REPAIR OF CITY
BUILDINGS, CITY PUBLIC WORKS, AND BUILDINGS OR IMPROVEMENTS
LOCATED ON CITY-OWNED LAND; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
BACKGROUND
Pursuant to a request received from Commissioner Steinberg, the Administration and the City
Attorney's Office have drafted an ordinance establishing a Local Workforce Participation
Program for City Construction Contracts. The ordinance establishes a goal of 30% local
workforce for City construction contracts in excess $1,000,000. Local is defined as Miami-Dade
County. Although there is no specific goal for City residents, contractors are encouraged to
promote recruitment for City of Miami Beach residents. The ordinance requires contractors to
submit reports documenting the residency of project workers and efforts in recruiting both City
of Miami Beach and County residents for the project.
Local hire ordinances are laws passed by counties and municipalities to promote the hiring of
residents from the applicable area by contractors awarded public projects. As a background to
this ordinance, Matthew Land, of the Southeast Laborers' District Council, has provided the
following informational bullets.
1. Why Do Municipalities Pass Local Hire Policies?
• In its most simple form, local governments see the need to address high levels
of unemployment throughout their city, county or municipality by passing local hire
initiatives. By requiring that contractors aspire to or mandate that they give the first
shot at jobs on taxpayer funded infrastructure projects, this is a way to address
unemployment levels as well as provide for a career for those that are unemployed.
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When taxpayer funds are used, government bodies feel that those jobs should
first go to the taxpayers themselves while discouraging contractors from being in out-
of-state or out of the country crews of workers to complete those projects, which
sometimes can be at lower levels of pay than what the market in their community
dictates.Local governments know what is best for their community and feel that they
can best address those needs through local hire, training and wage ordinances for the
construction industry on those projects that are funded with taxpayer dollars.
Additionally, when local hire initiatives are successful and local people are put to
work, they put their earnings back into the community.
2. Some of the Municipalities in Miami-Dade County and in Florida that have Local Hire
Ordinances
The City of Miami passed a local hire ordinance in 2012 that was later updated
in 2015. It sets out a percentage of Miami-Dade County residents that must be hired
based on the dollar amount of the construction contract starting at $250,000 and 10%
local hire and going up to contracts valued at more than $4 million and 40% local hire.
It also states that 50% of those residents should strive to come from the City
Commission district where the project is located.
Miami-Dade County has two local hire ordinances: Community Workforce
Program and the Residents First Training and Employment Program:
o The Community Workforce Program (CWP) is designed to provide job
opportunities to local residents of traditionally underserved and
underdeveloped neighborhoods. Not less than 10% of the labor force must
come from the Designated Target Area (DTA) in which the public improvement
is located. Designated Target Areas (DTA) are any geographic area of Miami-
Dade County designated as an Empowerment/Enterprise Zone, a Targeted
Urban Area (TUA), Community Development Block Grant (CDBG) Eligible
Block Group or Focus Area.
o Miami-Dade County Residents First Training and Employment Program
sets out that contractors and subcontractors on County construction contracts
valued in excess of $1,000,000 shall make their best reasonable efforts to
have fifty-one (51%) of all construction labor hours performed by Miami-Dade
County residents and require all persons employed on the project to perform
construction to have completed the OSHA 10-hour safety training.
• The City of North Miami recently passed an ordinance addressing local hiring in
March 2016. It does not specifically set the local hire requirement on the project, but
contractors must detail proposed local hiring and training efforts as part of their bid
proposal where local residents are considered those residing in the City of North
Miami. It applies to City projects over$250,000.
Additionally, Broward County has some ordinances addressing those that are
considered "hard-to-hire" or economically disadvantaged by ensuring hiring of those
individuals through CareerSource Broward, Additionally, the St. Petersburg City
Commission has draft legislation that deals with local hire initiatives.
3. Miami Beach Convention Center Expansion
The Miami Beach Convention Center renovation and expansion is the first time
that the City of Miami Beach has placed an emphasis on hiring local residents to work
on the project.
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As of the most recent LTC on the Miami Beach Convention Center from June 2016, the project
has achieved 61.4% local hire of Miami-Dade County residents.
CONCLUSION
City staff hereby submits for your review the ordinance establishing a Local Workforce
Participation Program.
FINANCIAL INFORMATION
The ordinance requires monitoring of contractor compliance and collection of workforce
participation data with respect to reporting requirements established in the ordinance. In lieu of
a staffing request, if adopted, the Administration is proposing to utilize one of several contractor
compliance software packages utilized by local, state and federal agencies. Funding for the
software licenses will be included in the budget for fiscal year 2017.
Legislative Tracking
Procurement/City Attorney
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Ordinance
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