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Home My WebLink AboutO-13332City of Miami Legislation Ordinance: 13332 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00621 Final Action Date: 7/26/2012 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," TO ESTABLISH LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONTRACTS; AND BY REPEALING, IN ITS ENTIRETY, OBSOLETE SECTION 18-110, ENTITLED "FIRST -SOURCE HIRING AGREEMENTS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the award of competitively procured contracts by the City of Miami ("City") will promote the employment of City residents and benefit the local economy by adhering to the local workforce participation requirements herein enacted; and WHEREAS, the provisions of Section 18-110, of the Code of the City of Miami, Florida, as amended ("City Code"), entitled "First -source hiring agreements", are obsolete and should be repealed in its entirety; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 18/Article III/ of the City Code, entitled "Finance/City of Miami Procurement Ordinance", is further amended in the following particulars:{1} "CHAPTER 18 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-89. Contracts for public works or improvements. (a) Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the city commission. There shall be a separate accounting as to each work or improvement. Before authorizing the execution by the city labor force of any work or improvement or City of Miami Page 1 of 5 File Id: 12-00621 (Version: 31 Printed On: 11/22/2017 File Number: 12-00621 Enactment Number: 13332 phase thereof, the city manager shall submit to the city commission a description of the anticipated scope of work and related cost estimates. (b) All contracts for public works or improvements in excess of $25,000.00 shall be awarded to the lowest responsive and responsible bidder after public notice on the basis of competitive sealed bidding methods, as provided herein or as provided in applicable Florida Statutes, whichever is determined to be in the best interest of the city. For contracts for public works and improvements in excess of $25,000.00 where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in section 18-73, is within 15 percent of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidder(s) shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. Notwithstanding the foregoing, the city manager may waive competitive sealed procurement methods by making a written finding, supported by reasons, that a valid emergency exists or that there is only one reasonable source of supply, which finding must be ratified by an affirmative vote of four -fifths of the city commission after a properly advertised public hearing. When competitive sealed procurement methods are waived, other procurement methods as may be prescribed by ordinance shall be followed, except for the cone of silence provisions. (c) Public notice shall be in accordance with the applicable Florida Statutes. (d) Award. (1) All contracts for public works or improvements which do not exceed $25,000.00 shall be awarded on the basis of competitive negotiations. (2) All contracts for public works or improvements in excess of $25,000.00 shall be awarded by the city manager only upon certification of the results of the evaluation and the bid tabulation by the chief procurement officer as being in compliance with competitive sealed procurement methods or in accordance with applicable Florida Statutes. (3) All contracts in excess of $100,000.00 must be approved by the city commission upon recommendation by the city manager. The decision of the city commission shall be final. (4) The city commission or the city manager shall have the authority to reject any or all bids or portions of bids, and re -bid or elect not to proceed with the project. (5) When it becomes necessary in the opinion of the city manager to make alterations or modifications in a contract for any public work or improvement which increases the contract to a total amount in excess of $100,000.00, such alterations or modifications shall be made only when authorized by the city commission upon the written recommendation of the city manager. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractual party and the city manager prior to such authorization by the city commission. (6) Copies of the city manager's award shall be delivered to the director of the department of public works and to the chief procurement officer. (7) The city manager shall submit to the city commission on a monthly basis a list of contracts for public works or improvements awarded by the city manager. City of Miami Page 2 of 5 File Id: 12-00621 (Version: 31 Printed On: 11/22/2017 File Number: 12-00621 Enactment Number: 13332 fl Local workforce participation requirements. (1) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations provided in state, federal, or city laws, regulations, or grant requirements, respondents must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries( e.g. city limits) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department. (2) Five percent (5%) of the bid amount shall be retained by the City for the requirements until said requirements are fulfilled and verified by the City Manager or authorized designee as being fulfilled within six (6) months of contract completion; failure to satisfactorily meet, document, and present to the City Manager or authorized designee the local workforce participation requirements within six (6) months of contract completion, shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City. (3) For contracts with a bid amount between $1,000,000 and $2,000,000, the contractor shall be required to hold one (1) job fair within the local community for the purpose of encouraging local workforce participation. For contracts with a bid amount greater than $2,000,000, the Respondent shall be required to hold two (2) job fairs within the local community for the purpose of encouraging local workforce participation. The contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce. (4) The respondent shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related contract costs. Local participation requirements shall apply only to public works or improvements contracts with a contract value greater than $100,000 and with an on -site labor component greater than or equal to twenty-five percent (25%) of the contract value. These local participation requirements shall apply to any competitively procured contract under this section unless: 1) it meets one of the exclusion provisions noted above; 2) the City Manager or designee deems the requirements unfeasible prior to issuance of the competitive solicitation document in which case the requirements in this section will be stated as not being applicable in the competitive solicitation document; a) it is disallowed by Federal or State Law or grant requirements; 41 funding sources require alternate, contradictory or specifically exclude or disallow local workforce participation requirements; these requirements are waived by the City Commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the City Manager or Manager's designee, when the Commission finds this is to be in the best interest of the City, City of Miami Page 3 of 5 File Id: 12-00621 (Version: 31 Printed On: 11/22/2017 File Number: 12-00621 Enactment Number: 13332 in which case the requirements of this section will be stated as not being applicable in the competitive selection document. Sec. 18 110. First -source hiring agreements. {a} receipt of grants and loans, for projects of a nature that create new jobs, the succe.sful negotiation of first source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the city commi.sion at a public hearing. {b} For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida and employment funds. publio-money services or the use of publicly owned property. federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. {c} The authorized representative shall negotiate each first source hiring agreement. {d} Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof and will apply to solicitations which have not closed, and for which addenda may be timely issued. {2} Footnotes: City of Miami Page 4 of 5 File Id: 12-00621 (Version: 31 Printed On: 11/22/2017 File Number: 12-00621 Enactment Number: 13332 {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 File Id: 12-00621 (Version: 31 Printed On: 11/22/2017