HomeMy WebLinkAboutItem #04 - Discussion ItemPttriM.
CI rY OF N-4,:AMt,
INTER•Ot..1-71C5:: MEMORA \i0U1,1
Joteph kg Grattie
City Manager
•Par6dta • ••
tant• City Manager
I:ATE
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Proposed Resolution Oh
Prevailing Wages
A proposed ordinance regarding prevailing wages was passed on
the first reading by the 8bard of County Commission at the
rebruary 1# 157/ meeting.
The proposed ordinance states that prevailing wages, based on
wages as determined by the U. S. Secretary of tabor, would be
the wages on all public works and construction jobs within bade
County.
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It should be noted that the County Manager and the County Attorney
have stated that the proposed ordinance would be binding among
all municipalities within Dade County.
We have therefore requested the City Attorney to provide an opinion
regarding the constraints that this ordinance would impose on any
municipalities within Dade County.
ENGINEERINGN TACTOR ASSOCIATION
OF SOUTH 1 R I A, INC.
S ,_tg 132, i rar tier ti, 5:r i :tx3rd St 1
q H4:0,1h, Fiord* E1)12
February 011 J 9 !1� tel pR11
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The Engineering Contractors Association strongly E.,,t,06,etto
oppose the enactment of a Prevailing Wage Ordinance
by Dade County as being highly inflationary and
most inopportune: in a depressed construction In-
dustry.
While the County Manager is reviewing ways and means
to reduee an enormous budget including the reduction
of the county work forces, this ordinance would help
increase to the county the cost of construction, If
enacted the County would have to net up a new depart-
ment to constantly determine the prevailing wages.
Several court cases have ruled that a similar ordi-
nance was violative of state statues in delegating
power to determine wage rates to an outsider over
whom the city or county had no supervision or control.
We therefore recommend that the County Manager make
an in-depth study on the increased cost to the County,
and report his findings to the County Commissioner.
We also recommend that the County Attorney snake a study
and give a legal opinion on the advisability of the
county passing such an ordinance.
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ORDINANCE NO,
Agenda Item No. 4 (b)
ORDtNANCi' REOUtptNc THAT i R VAII.INC� WAGES"
Pt PAtO L,At3OftERS AND MMEC1-ANtCS NVOt <tNO ON
ALL PUt3L,iC 13UIL DINGS OR WOMRS Pt70T :C75
IN FADE COUNTY; PROVIDING DEi tNtTIONS; PIIOViDtNO
INCLUSION IN TH-HE CODE: AND PROVIDnO AN ticirt CTIV
DATE
W14EflEAS, the federal Davis=P,acon Act, 40 U.S. C, 276 (a)
expresses the will of Congress that a beneficial objective is served by
including private pension benefits, vrivate health plans, and similar forms
of fringe benefits within the definition of "prevailing wages" for construction
on public works jobs where federal funds are involved; and
WHEREAS, the same kind of beneficial objective is served by
preserving these private programs for persons employed on public works
jobs in Dade County which do not fati under regulation of the Davis -Bacon Act;
and
WHEREAS, it is self-evident that the current unfortunate recession
in the construction industry in Dade County should not also accornpany nor
lead to an erosion of the private pension programs or similar programs of
construction workers in our County; and
WHEREAS, it is appropriate to enact !e_islation which would insure
that prevailing wages paid to laborers and mechanics on public «arks jobs
in Dade County include the payment of pension and other frinize benefits in the
same manner which those benefits are includes within the definition of
"prevailing wags" under the Davis-Facon Act,
I"it ;lEFORt 1.1E IT ORDAINED 13 ' 'tt POA rib of CCtiN't?
COMMISSI Nlrl2S C1t DADD COUNTY) 'LCftDAt
Section I, sate of Wages forI.aborers and tect3=ics,
The advertised specifications for every contract in excess of $5, 000 to which
lvletropolitan Dade County or any of its Departments, Agencies or Authorities, or
any municipal corporation within the County of Dade, is a party, for construction,
alteration and/or repair, including painting and decorating, of public buildings
or public works within the geographical limits of Dade County, Florida, and which
requires or involves the employment of mechanics and/or laborers shall contain a
provision stating the minimum wages to be paid various classes of laborers and
mechanics which shall be based upon the wages that will he determined by the
United States Secretary of Labor as published in the Federal Register to be pre-
vailing for the corresponding classes of laborers and mechanics employed on
projects of a similar character, for a similar time period in private contract work
in Dade County, Florida; and every contract based upon these specifications shall
contain a stipulation that the contractor ur his subcontractor shall pay all mechanics
and laborers employed directly upon the site of the work, unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any
account, the full amounts accrued at time of payment, computed at wage rates not
less than those stated in the advertised specifications, regardless of any contractual
relationship which may be alleged to gist between the contractor or subcontractor
and such laborers and mechanics, and that the scale of wages t.o be paid shall be
posted by the contractor in a prominent and easily hoot sible place at the site of the
v,'c.rk; and the further stipulation that there may be wit! ne:di from the contractor so
much of accrued p>ayments as may be considered necessary by the contracting officer
to pay to laborer; and mechanics employed by the contractor or any subcontractor on
the work the =differe.nce between the rates of wages req.:ired by the contract to be paid
laborers and mechanics on the work and rates of wages receive() by such laborers
«tsld n echa►nics end not refunded to the contri%ctur, subcontractors or their agents'
Ac14-.;icla Itern No 4 (b1
?a4e No. 3
rs used in this Ordinance the term:; "Wages'', "scale of wages") "wage rates",
"t 1ihitt um wages", and "prevailing wages" shall include
(1) The basic hourly rate of pay; and
(2) The amount of =_
(A) The rate of contribution irrevocably made by a contractor
or subcontractor to a Trustee or to a third person pursuant to a fund, plan, or
program, and
(13) The rate of costs to the contractor or subcontractor which
may be reasonably anticipated in providing benefits to laborers and mechanics
pursuant to an enforceable commitment to carry out a financial responsible plan
or program which was communicated in writing to the laborers and mechanics
affected for medical or hospital care, pensions on retirement or death, compensation
for injuries or illness resulting from occupational activity, or insurance to provide
any of the foregoing, for unemployment benefits, life insurance, disability and
sickness insurance, or accident insurance, for vacation and holiday pay, for
defraying costs of apprenticeship or other similar programs, or for other bona
fide fringe benefits. Provided, that the obligation of a contractor or subcontractor
to make payment in accordance with the prevailing Wage determinations insofar as
this Ordinance is concerned may be discharged by the making of payments in cash,
by the making of contributions of a type referred to in paragraph (2) (A), or by the
assumption of an enforceable commitment to bear the costs of a plan or program
of a type referred to in paragraph (2)(1 ), or any combination thereof, where the
aggregate of ztny such payments, contributions, and C(..,SCS is not less than the rate
of pay described in paragraph (1) plu.; the amount referred to in paragraph (2),
In determining the overtime pay to which the laborer or mechanic is entitled
under this Ordinance, his regular* or basic hourly rate of pay (or other alternative
rate upon which pr miium rate: of overtime compensation is corrnputed) shall be
dc,.firlPecl to be the rate c.oI peted under para,gr o.pt (I), eN ept that where the amount
of p *yments, contributions, or costs incurxsd with respect to krin exceeds Om
pr :Whin', gage i;pplicabl.e lira hi under thia Qrdiclance,
ch regular .car basic hou
y
Via Irdf
Agenda ttem NO: 4 (iA
Page Nor 4
tate of pay ( or such other alternative rate) shall be arrived at by deducting ftorn
the amount of payrnehts, cotttributiortsi or costs actually incurred with respeet tip
htrn, the amount of contributions ibutions or costs of the types decribed 'tt1 paragraph (2)
actually incurred with respect to hitn, or the amount determined under paragraph (2)
but riot actually paid, whichever a is the greater.
Section 4.
It is the intention of the Board of County Commissioners,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of Metropolitan Dade County, Florida, that the sections
of this Ordinance may be renumbered or relettered to accomplish such intention;
and that the word "Ordinance" may be changed to "section", "article", or other
appropriate word.
Section 5. The provisions of this Ordinance shall become effective
ten (10) days after the date of its enactment.
PASSED AND ADOPTED.
Approved by County Attorney as to
farm and legal sufficiency.
Prepared by:
Ikreirb
2/22/77
RESOLUTION NO
A RESOLUTION EXPRESSING THE POLICY WHEREBY
THE CITY COMMIS6IoN FINDS THAT THE PROPOSED
METROPOLITAN DADE COUNTY ORDINANCE ESTABLISH-
INC PREVAILING WAGES, AS DEFINED BY THE U.S.
SECRETARY or LABOR, TO BE USED AS A MINIMUM
STANDARD, IN ALL GOVERNMENT CONTRACTS IN DADE
COUNTY IS NOT A PROPER SUBJECT FOR LOCAL
LEGISLATION, AS IT ENCOURAGES THE M TROPoLITAN
DADE COUNTY COMMISSION NOT TO ENACT LOCAL
STANDARDS IN THIS REGARD.
BF IT RESOLVED BY THE COMMIlSSION OF THE CITY OF
i
MIAMI, 'LORIDA:
Section 1. The City Commission hereby finds that
the proposed Metropolitan Dade Cdunty Crdinance establishing
prevailing wages, as dfined by the U.S. Secretary of Labor, as
a minimum standard in all GO vernment contracts in Dade County,
is not proper as it encourages the Metropolitan Dade County
Commission not to enact local standards in this regard.
PASSED AND ApoPTED this day of
1977.
ATTEST:
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
a{,kt et4k
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
MAURICE A. FERRE
MAYO R
APPROVED AS TO FORM AND CORRECTNESS:
f
GEORGE F . KN X, JR .
CITY ATTORNIf