Loading...
HomeMy WebLinkAboutLegislation SR (V5) - SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Daniel J. A City Manager DATE: January 15, 2015 SUBJECT: Substitution for Item SR.1 — Local Workforce Participation REFERENCES: ENCLOSURES: Attached is the correct legislation for item SR.1 regarding Local Workforce Participation for your consideration. The legislation included in your packets is an older draft inadvertently included in your packets. Should you have any questions, you may contact the Agenda Office at 305-416-2077. C: Julia D. Hernande ;'Agenda Coordinator 14--60112Lupslctirm S(zLv's3-Sub r. SUBMITTED INTO THE PUBLIC RECORD FOR EM F 1 QN .xic. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00472 Final Action Date: AN ORDINANCE OF THE MIAMI CITY 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 MODIFY LOCAL WORKFORCE PARTICIPATION REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTION CONTRACTS AS PROVIDED HEREIN; 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; 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 fully set forth in this Section. Section 2. Chapter 18/Article III of the Code of the City of Miami, Florida, as amended ("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 e separate accounting as to each work or improvement. Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the city manager shall submit to the city commission a description of the anticipated scope of work and related cost estimates. City of Miami Page 1 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/12/2015 File Number.' 14-00472 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (b) All contracts for public works or improvements in excess of twenty five thousand dollars f$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 twenty five thousand dollars ($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 the City Code section 18-73, is within fifteen percent (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 twenty five thousand dollars ($25,000.00) shall be awarded on the basis of competitive negotiations. (2) All contracts for public works or improvements in exceso of twenty five thousand dollars k$25,000.00)or more 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 one hundred thousand dollars ($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 one hundred thousand dollars ($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: 14-00472 (Version: 5) Printed On: 1/12/2015 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number: 14-00472 f) 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 15 per -Gent of on site tabor from-percons residing within the mua+sipal--boundario* (c.g. city limits) of the city -the following minimum percentage requirements for on -site labor from persons residing within Miami -Dade County (an individual whose primary place of residence is within Miami -Dade County), for the duration of the project. City construction contracts with a construction cost of up to two hundred fifty thousand dollars ($250,000.00) shall have no local workforce participation requirement. Construction contracts with a construction cost of two hundred fifty thousand dollars ($250,000.00) or more but less than five hundred thousand dollars ($500,000.00) shall have a minimum local workforce participation requirement of ten percent (10%). Construction contracts with a construction cost of five hundred thousand dollars ($500,000.00) or more but less than seven hundred fifty thousand dollars ($750,000.00) shall have a minimum local workforce participation requirement of fifteen percent (15%). Construction contracts with a construction cost of seven hundred fifty thousand dollars ($750,000.00) or more but less than four million dollars ($4,000,000.00) shall have a minimum local workforce participation requirement of twenty percent ( 20%). Construction contracts with a construction cost of four million dollars ($4,000,000.00) or more shall have a minimum local workforce participation requirement of forty percent (40%). "Construction costs" as referenced herein shall mean the total or estimated cost to the Owner of all elements of the project being awarded, including, at current market rates, (with reasonable and customary allowance for overhead and profit), the costs of labor and materials, and any equipment or supplies that have been specified in the competitive solicitation document, but not including compensation for the Architect, Engineer, Landscape Architect, Surveyor, Mapper, or similar professional consultants. Local workforce participation requirements must be met by new hires and "laborer" as referenced herein shall mean a person as defined by Section 713.01, Florida Statutes, who is retained by the contractor, All local workforce participation percentage requirements listed above shall be applied on the construction project's on -site labor force. The contractor shall strive to employ a minimum of fifty percent (50%) of the aforementioned minimum local workforce participation percentage requirements from within the city commission district where the project is located (e.g. if the project is in District X and the minimum local participation percentage requirement is ten percent (10%) then the contractor shall make its best efforts to employ a minimum of five percent (5%) of the required local workforce from District X). The city County 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 local requirements until said requirements are fulfilled and verified by the city manager or authorized designee as being fulfilled within six monthsthree (3) 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-monthsthree (3) monthsof contrast -completion after the project has reached final 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 and will comply with percentages specified in Section 218.735, Florida Statutes. (3) For contracts with a bid amount between one million dollars($1,000,000.00). and two million dollars ($2,000,000.00)., 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 two million dollars($2,000,000.00),, 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 City of Miami Page 3 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/12/2015 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number 14-00472 Workforce. (4) Bid and proposal documents to which a local workforce participation requirement goal has been applied shall require the contractor to develop and submit to the City, within fifteen (15) days of notification of award of the construction contract, a Workforce Plan (Plan) outlining how the goal will be met and containing the following information and elements required by this Section. The Plan shall specify the total number of persons that will be used by the contractor, broken down by trade and labor category, minimum qualifications for each category, and the number of persons to be utilized in each category. The Plan shall identify by name, address, and trade category of all persons proposed to perform work under the contract currently on the contractor's payroll or positions to be hired by the contractor, who reside within Miami -Dade County. The City will not enter into the contract until it receives the contractor's Plan and deems the Plan acceptable. An updated Plan shall be submitted to the City's Project Manager on a monthly basis. In the event that during the contract period a new hire or a person identified in the Plan as meeting the local workforce participation requirement goal is replaced, the City may require the contractor to immediately identify the replacement. Notwithstanding anything to the contrary above, the contractor may be relieved from the requirements of this provision, in part or in whole, if such contractor can demonstrate that it has utilized its best efforts to achieve the goal in accordance with the prescribed provisions under this Section. (5) 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.chs. 454, 471, 473, or 481, Florida Statutes. The person performing the verification shall have a minimum of two 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. The City shall consider the contractor's adherence to the City's local workforce participation requirements within the past three (3) years in making any future contract awards to which this section applies. The solicitation documents will include the contractor's past compliance with these requirements of the City. Local participation requirements shall apply only to public works or improvements contracts with a contract value greater than two hundred and fifty thousand dollars ($250,000.00) one hundred cellars ($100,000.08) and with an on -site labor component greater than or equal to 25 percenttwenty-five percent (25%) of the contract value. These local workforce participation requirements shall apply to any competitively procured contract under this section unless: • It meets one of the exclusion provisions noted above; • 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; • It is disallowed by federal or state law or grant requirements; • 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, in which case the requirements of this section will be stated as not being applicable in the competitive selection document. City of Miami Page 4 of 5 File Id: 14-00472 (Version: 51 Printed On: 1/12/2015 File Number: 14-00472 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 apply to solicitations which have not closed, and for which addenda may be timely used.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {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 (10) 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: 14-00472 (version: 5) Printed On: 1/12/2015 SUBSTITUTEL .,.,.,,, am. COy F1 File N 4›` City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ber: 14-00472 Final Action Date: AN ODINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/AR LE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITL ' "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICUL LY BY AMENDING SECTION 18-89, ENTITLED "CONTRACTS FOR PUBLIC WO" S OR IMPROVEMENTS," TO MODIFY LOCAL WORKFORCE PARTICIPATIO REQUIREMENTS FOR COMPETITIVELY PROCURED CONSTRUCTIO CONTRACTS AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CL ' USE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the award of co petitively procured contracts by the City of Miami ("City") will promote the employment of City resi• -nts and benefit the local economy by adhering to the local workforce participation requirements he -in enacted; NOW, THEREFORE, BE IT ORDAI D BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings conta red in the Preamble to this Ordinance are adopted and incorporated as fully set forth in this Section. Section 2. Chapter 18/Article III of the Code of 'e City of Miami, Florida, as amended ("City Code"), entitled "Finance/City of Miami Procurement Ordl . nce," is further amended in the following particulars:{1} "CHAPTER 18 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINAN 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 labforce, as may be determined by the city commission. There shall be a separate accounting as to eac work or improvement. Before authorizing the execution by the city labor force of any work or improve -nt or phase thereof, the city manager shall submit to the city commission a description of the anticipat scope of work and related cost estimates. City of Miami Page 1 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/8/2015 :3 U BSTITUTED File Number. 14-00472 the Florida works an practicable and conditio responsive an responsive, resp more responsive, section 18-73, is wit then that non -local bi have the opportunity to previously submitted by th responsible bidder submittin between a local bidder and a Notwithstanding the foregoing, t by making a written finding, supp one reasonable source of supply, w the city commission after a properly a methods are waived, other procuremen followed, except for the cone of silence pr (c) Public notice shall be in accordance wi (d) Award. (1) All contracts for public works or impr• ements which do not exceed twenty five thousand dollars ($25,000.00) shall be awarded on th- •asis of competitive negotiations. (2) All contracts for public works or improve -nts in exccs, of twenty five thousand dollars L$25,000.00), or more shall be awarded by the ci manager only upon certification of the results of the evaluation and the bid tabulation by the chie •rocurement officer as being in compliance with competitive sealed procurement methods or in - cordance with applicable Florida Statutes. (3) All contracts in excess of one hundred thousand . ollars ($100,000.00) must be approved by the city commission upon recommendation by the city nager. The decision of the city commission shall be final. (4) The city commission or the city manager shall have th- . uthority to reject any or all bids or portions of bids, and re -bid or elect not to proceed with the pre ect. (5) When it becomes necessary in the opinion of the city man. er to make alterations or modifications in a contract for any public work or improvement wh h increases the contract to a total amount in excess of one hundred thousand dollars ($100,000.ii1, such alterations or modifications shall be made only when authorized by the city commis on upon the written recommendation of the city manager. No such alteration shall be valid . nless the price to be paid for the work or material, or both, under the altered or modified contract s -11 have been agreed upon in writing and signed by the contractual party and the city manager pr •r to such authorization by the city commission. (6) Copies of the city manager's award shall be delivered to the director of th- 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 is •f contracts for public works or improvements awarded by the city manager. All contracts for public works or improvements in excess of twenty five thousand dollars ,000.001 shall be awarded to the lowest responsive and responsible bidder after public notice on sis of competitive sealed bidding methods, as provided herein or as provided in applicable tatutes, whichever is determined to be in the best interest of the city. For contracts for public improvements in excess of twenty five thousand dollars ($25,O00.001where it is both nd advantageous for the city to specify all detailed plans, specifications, standards, terms so that adequate competition will result and award may be made to the lowest esponsible bidder principally on the basis of price; provided, however, when a sible non -local bidder submits the lowest bid price, and the bid submitted by one or sponsible local bidders who maintain a local office, as defined in the City Code n fifteen percent (15%) percent of the price submitted by the non -local bidder, r and each of the aforementioned responsive, responsible local bidder(s) shall bmit a best and final bid equal to or lower than the amount of the low bid non -local bidder. Contract award shall be made to the lowest responsive, the lowest best and final bid. In the case of a tie in the best and final bid n-local bidder, contract award shall be made to the local bidder. e city manager may waive competitive sealed procurement methods ed by reasons, that a valid emergency exists or that there is only 'oh finding must be ratified by an affirmative vote of four -fifths of ertised public hearing. When competitive sealed procurement ethods as may be prescribed by ordinance shall be visions. the applicable Florida Statutes. City of Miami Page 2 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/8/2015 'SUBSTITUTED ile Number. 14-00472 f) Local workforce participation requirements. (1) Except where state or federal law, regulations, or grant requirements mandate to the ontrary, and subject to reservations or limitations provided in state, federal, or city laws, r- • ulations, or grant requirements, respondents must employ a minimum of 15 percent of on site lab. from p icipal boundaries (e.g. city limits) of the city.the folio qq minimum percentage requirements for on -site labor from persons residing within Miami -I -de County (an individual whose primary place of residence is within Miami -Dade County), •r the duration of the project. City Construction contracts with a construction cost of up to two hun• d fifty thousand dollars ($250,000.00) shall have no local workforce participation requirement. onstruction contracts with a construction cost of two hundred fifty thousand dollars ($250,0►. 00) or more but less than five hundred thousand dollars ($500,000.00) shall have a minimum •cal workforce participation requirement of ten percent (10%). Construction contracts with a co truction cost of five hundred thousand dollars ($500,000.00) or more but less than seven hun. -d fifty thousand dollars ($750,000.00) shall have a minimum local workforce participation -quirement of fifteen percent (15%). Construction contracts with a construction cost of seve hundred fifty thousand dollars ($750,000.00) or more but less than four million dollars ($4,000, t00.00) shall have a minimum local workforce participation requirement of twenty perce t ( 20%). Construction contracts with a construction cost of four million dollars ($4,000,000.00) 'r more shall have a minimum local workforce participation requirement of forty percent (40 .). "Construction costs" as referenced herein shall mean the total or estimated cost to the Own of all elements of the project being awarded, including, at current market rates, (with reasonab - and customary allowance for overhead and profit), the costs of labor and materials, and any - • uipment or supplies that have been specified in the competitive solicitation document, but n• including compensation for the Architect, Engineer, Landscape Architect, Surveyor, Mapper, o similar professional consultants. Local workforce participation requirements must be met by n:w hires and "laborer" as referenced herein shall mean a person as defined by Section 713.01, lorida Statutes, who is retained by the contractor. All local workforce participation percentage req ements listed above shall be applied on the construction project's on -site labor force. The con • actor shall strive to employ a minimum of fifty percent (50%) of the aforementioned minimum loca orkforce participation percentage requirements from within the city commission district ere the project is located (e.g. if the proiect is in District X and the minimum local participati. • percentage requirement is ten percent (10%) then the Contractor shall make its best efforts to e .loy a minimum of five percent (5%) of the required local workforce from District X). The city res •ency 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 ity for the local requirements until said requirements are fulfilled and verified by the city manag- or authorized designee as being fulfilled within six monthathree (3) months of contract complet •n. Failure to satisfactorily meet, document, and present to the City Manager or authorized des'. 'ee the local workforce participation requirements within six month three (3) monthsof contract ompletion after the project has reached final completion, shall result in the forfeiture of the re -fined amount to the city. This five percent ,(5%) retainage is included within the ten percent (10retainage normally withheld by the city and will comply with percentages specified in Section 21: 35, Florida Statutes. (3) For contracts with a bid amount between one million dollars 1$1,000,000.001 •d two million dollars ($2,000,000.001, the contractor shall be required to hold one (1) job fair with the local community for the purpose of encouraging local workforce participation. For contrac with a bid amount greater than two million dollars 1$2,000,000.001, the respondent shall be requir:. to hold two job fairs within the local community for the purpose of encouraging local workforc: participation. The contractor shall coordinate job fairs and hiring initiatives with South Flori• City of Miami Page 3 of 5 File Id: 19-00472 (Version: 5) Printed On: 1/8/2015 SUBSTITUTED File Number. 14-00472 Sect' broken number o contractor's p The City will no acceptable. An u basis. In the event meeting the local wo contractor to immediat above, the contractor ma if such contractor can dem accordance with the prescrib (5) The respondent shall have requirements on a quarterly basi be properly licensed under the pro The person performing the verificati experience in contracts compliance, a payroll, enforcement, or investigative en shall be included in the related contract co The City shall consider the Contractor's adherenc requirements within the past three (3) years in make applies. The solicitation documents will include the requirements of the City. Local participation requirements shall apply only to public contract value greater than two hundred and fifty thousand and with an on -site labor co percent twenty-five percent (25%) of the contract value. These local workforce participation requirements shall apply to under this section unless: • It meets one of the exclusion provisions noted above; • The city manager or designee deems the requirements unfeasible p competitive solicitation document in which case the requirements in this being applicable in the competitive solicitation document; • It is disallowed by federal or state law or grant requirements; • Funding sources require alternate, contradictory or specifically exclude or di participation requirements; • These requirements are waived by the city commission by resolution, prior to iss competitive solicitation document, upon written recommendation of the city manage designee, when the commission finds this is to be in the best interest of the city, in wh requirements of this section will be stated as not being applicable in the competitive sel document. Workforce. (4) Bid and proposal documents to which a local workforce participation requirement goal has en applied shall require the contractor to develop and submit to the City, within fifteen (15) d s of notification of award of the construction contract, a Workforce Plan (Plan) outlining how the . •al will be met and containing the following information and elements required by this • ' The Plan shall specify the total number of persons that will be used by the contractor, • •wn by trade and labor category, minimum qualifications for each category, and the 'el -sons to be utilized in each category. The Plan shall identify by name, address, and trade cateq• y of all persons proposed to perform work under the contract currently on the roll or positions to be hired by the contractor, who reside within the City limits. -nter into the contract until it receives the contractor's Plan and deems the Plan dated Plan shall be submitted to the City's Project Manager on a monthly at during the contract period a new hire or a person identified in the Plan as orce participation requirement goal is replaced, the City may require the identify the replacement. Notwithstanding anything to the contrary be relieved from the requirements of this provision, in part or in whole, strate that it has utilized its best efforts to achieve the goal in provisions under this Section. third party independently verify and certify compliance with these Said third party shall be unaffiliated with the respondent and ions of F.S. chs. 454, 471, 473, or 481, Florida Statutes. shall have a minimum of two years of prior professional iting, personnel administration, or field experience in onment. The cost for this verification and certification s. to the City's local workforce participation q any future contract awards to which this section tractor's past compliance with these orks or improvements contracts with a ollars ($250,000.00) one hundred onent greater than or equal to 25 a competitively procured contract r to issuance of the ction will be stated as not How local workforce ance of the r manager's h case the 'on City of Miami Page 4 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/8/2015 SUBSTITUTED File Number. 14-00472 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordi nce is declared invalid, the remaining provisions of this Ordinance shall not be affected. S. tion 4. This Ordinance shall become effective immediately after final reading and adoption thereof an. _ pply to solicitations which have not closed, and for which addenda may be timely used.{2} APPROVED AS TFORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1 } Words/and or figures stricken throu• ' shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are n 'w in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as s. -cified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopte If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the -to by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 File Id: 14-00472 (Version: 5) Printed On: 1/8/2015