Ordinance 86-2507 ORDINANCE NO. 86-2507 CI GOVERNMENT
,i14 27HI R
AN ORDINANCE CREATING ARTICLE I I , CHAPTER 31A '91-792-Cr-KING
(PURCHASING) OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, RELATING TO CONSTRUCTION
CONTRACTS TO WHICH THE CITY OF MIAMI BEACH IS
A PARTY; PROVIDING THAT THE RATE OF WAGES AND
FRINGE BENEFIT PAYMENTS FOR ALL LABORERS ,
MECHANICS , AND APPRENTICES BE NOT LESS THAN
THE PREVAILING RATE OF WAGES AND FRINGE
BENEFIT PAYMENTS FOR SIMILAR SKILLS IN A
CLASSIFICATION OF WORK AS ESTABLISHED BY THE
FEDERAL REGISTER; REQUIRING POSTING OF NOTICE
OF COMPLIANCE; PROVIDING FOR PREEMPTION WHEN
SUCH CONSTRUCTION CONTRACTS INVOLVE FEDERAL
FUNDING; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR REPEAL OF ALL ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Chapter 31A, of the Code of the City of Miami
Beach, Florida, is hereby amended by the addition of Article II,
reading as follows:
SECTION 31A-27 ESTABLISHMENT OF MINIMUM WAGES
Every construction contract in excess of $500 ,000 .00 to which the
City of Miami Beach is a party shall include a provision that the
rate of wages and fringe benefits, or cash equivalent, for all
laborers , mechanics and apprentices employed by any contractor or
subcontractor on the work covered by the contract , shall be not
less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or
classifications of work as established by the Federal Register ,
in the City of Miami Beach, Florida.
SECTION 31A-28 IMPLEMENTATION BY THE FEDERAL REGISTER
The prevailing wage rate and fringe benefit payments to be used
in implementation of this Article shall be those last published
by the U.S. Department of Labor in the Federal Register prior to
the date of issuance of specifications by the City of Miami Beach
in connection with its invitation for bids.
SECTION 31A-29 NOTICE REQUIREMENT
On the date on which a laborer or mechanic commences work on a
construction contract to which this Article applies, the
contractor shall be required to post a notice in a prominent
place at the work site stating the requirements of this Article.
SECTION 31A-30 PREEMPTION BY FEDERAL FUNDING
When construction contracts involve federal funding or are
otherwise subject to the provisions of the Davis-Bacon Act [40
U.S .C. 276 (a) ] , this Article shall not apply, and the minimum
wages to be paid the various classes of laborers, mechanics and
apprentices shall be based upon the wages determined by the
Secretary of Labor in accordance with the Davis-Bacon Act [40
U.S.C. 276 (a) ] .
SECTION 31A-31 EXCEPTIONS
The provisions of this Article shall not apply to any existing
contract or construction project in which a Notice for Bids or
Request for Proposals has been advertised in the public media
prior to the effective date of this Article or to any developer
agreement whereby the City of Miami Beach is requiring the
construction of certain improvements , including but not limited
to road construction, as a condition of the issuance of a
development permit or to any construction project performed by
the City of Miami Beach utilizing its own employees.
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, part of section, sentence, clause or phrase of
this Ordinance is held to be invalid or unconstitutional by any
Court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
SECTION 4: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption, on
July 19 , 1986 .
PASSED AND ADOPTED this 91-h day of July ►
1986.
AYdR
ATTEST:
CITY C ERK
1st Reading - June 4, 1986 FORM APPROVED
2nd Reading - July 9, 1986
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