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HomeMy WebLinkAboutO-13493City of Miami Legislation Ordinance: 13493 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00472 Final Action Date: 1/22/2015 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 a 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 City of Miami Page 1 of 5 File Id: 14-00472 (Version: 6) Printed On: 1/26/2018 File Number: 14-00472 Enactment Number: 13493 scope of work and related cost estimates. (b) All contracts for public works or improvements in excess of twenty five thousand dollars $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 excess of twenty five thousand dollars $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 City of Miami Page 2 of 5 File Id: 14-00472 (Version: 6) Printed On: 1/26/2018 File Number: 14-00472 Enactment Number: 13493 for public works or improvements awarded by the city manager. 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 percent of on site labor from persons residing within the municipal boundaries (e.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 sixhsthree (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 contract 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. City of Miami Page 3 of 5 File Id: 14-00472 (Version: 6) Printed On: 1/26/2018 File Number: 14-00472 Enactment Number: 13493 (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 Workforce or a similar state chartered Regional Workforce Development Board acceptatle to the city manager. (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 thirty (30) 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 thousand dollars ($100,000.00) 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 City of Miami Page 4 of 5 File Id: 14-00472 (Version: 6) Printed On: 1/26/2018 File Number: 14-00472 Enactment Number: 13493 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. *If 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} 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: 6) Printed On: 1/26/2018