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Miaml, FL 33133
Legislation
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Resolution
V le Nuinbert 1600004
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE
SENATE BILL 598 AND HOUSE BILL 181, OR SIMILAR LEGISLATION THAT
WOULD (A) PREEMPT LOCAL GOVERNMENTS FROM IMPOSING CERTAIN
REQUIREMENTS ON PUBLIC WORKS CONTRACTORS PERTAINING TO WAGES,
BENEFITS, HIRING, AND TRAINING; OR (B) PREEMPT LOCAL GOVERNMENTS
FROM RESTRICTING QUALIFIED BIDDERS FROM SUBMITTING BIDS, BEING
AWARDED ANY BID OR CONTRACT, OR PERFORMING WORK ON PUBLIC
WORKS PROJECTS; DIRECTING THE CITY MANAGER TO INCLUDE THIS ISSUE
AS AN ADDITIONAL STATE LEGISLATIVE PRIORITY FOR THE 2016 SESSION;
DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE
FLORIDA LEGISLATURE.
WHEREAS, Senate Bill 598 ("SB 598") and House Bill 181 ("HB 181") have been filed for
consideration during the Florida Legislature's 2016 session by Senator Jeff Brandes and
Representative Charles E. Van Zant, respectively; and
WHEREAS, SB 598 and HB 181, as filed, would prohibit local governments that contract for
construction, maintenance, repair or improvement of public works projects from requiring a contractor,
subcontractor, or material supplier to pay employees a predetermined amount of wages or wage rate;
provide employees a specified type/amount/rate of employee benefits; control or limit staffing, or
recruit, train or hire employees from a designated/restricted/single source when any state funds are
involved; and
WHEREAS, in addition, SB 598 and HB 181, as filed, would also prohibit local governments from
restricting qualified bidders from submitting bids, being awarded any bid or contract, or performing
work on public works projects; and
WHEREAS, it is anticipated that these bills will be amended to increase the percentage of state
funds required to trigger the preemption on local government action related to public works
contractors; and
WHEREAS, the City of Miami ("City") currently imposes a responsible wage requirement on
contractors and subcontractors for public works contracts in excess of $250,000.00, and requires that
they either provide medical and insurance benefits or the equivalent in wages; and
WHEREAS, should these bills pass, local governments such as the City would no longer be able to
take steps to ensure that workers from within that locality benefit from construction projects, even
when the project is funded primarily by its own taxpayers; and
WHEREAS, further, local governments would lose the ability to safeguard the right of a
contractor's employees working on a public project to earn a responsible wage, or even receive health
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or life insurance benefits; and
WHEREAS, these bilis could also affect the City's ability to set goals for contractors to use
Community Small Business Enterprises subcontractors, certified as such by Miami -Dade County
("County"), and which is a well-established procedure under the City's Procurement Ordinance, as well
as have negative implications for the County's apprenticeship programs, such as the Residents First
Training and Employment Program; and
WHEREAS, in addition, these bills would limit the power and ability of the City to function both as a
market participant and to serve its residents by deciding the standards to which contractors should be
held for the betterment of the community here; and
WHEREAS, more specifically, these bills would take away the City's prerogative as a market
participant to not hire a particular contractor based on prior poor performance or misconduct; and
WHEREAS, companies that perform well should continue to get hired and companies that perform
poorly should not; and
WHEREAS, if the City was not satisfied with the work of a contractor in the past, then the City, like
any other market participant, should have the ability to refrain from hiring that same contractor again;
and
WHEREAS, these bills could take away the City's power to properly emphasize and incentive
quality performance by City contractors; and
WHEREAS, these bilis would remove the City's Municipal Home Rule Powers to provide criteria in
accordance with the Charter and Code of the City of Miami; Florida, as amended, and the competitive
solicitation documents for contractors to be incentivized to pay a responsible wage, as set forth in the
applicable section of the City of Miami Procurement Ordinance, which is implemented by City
regulations and policies, and applies to public works contracts in excess of the sum of $250,000.00;
and,
WHEREAS, these bills, if enacted, would diminish established and traditional local government
public works competitive procurement laws and regulations, the resulting contract awards, and would
further adversely impact freedom of contract and business relations between the City and the
contractors it awards public works construction projects to; and
WHEREAS, for the reasons explained above, these bills could lead to a decrease in the quality of
construction projects and undermine the ability of local governments to set standards for contractors
that are geared towards local needs and the desire to protect local workers and residents; and
WHEREAS, by disenfranchising those residents of the City who would benefit from a living wage
and related benefits, the proposed bills do injury to working persons and the community; and
WHEREAS, accordingly, the City Commission wishes to express its strong opposition to these bills
and to make its opposition a state legislative priority for the 2016 session;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
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File Number; 16-00004 1
Section 1. The recitals and.findings contained In the Preamble to this. Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Rick Scott and the members of the Florida
Legislature to Oppose SB 598 and HB 181, or similar legislation that would (a) preempt local
governments from requiring contractors on public works projects where state funds are involved to pay
employees a predetermined amount of wages or wage rate, also known as a responsible wage
construction contract, provide employees a specified type or amount of employee benefits, control or
limit staffing, or recruit, train, or hire employees from a designated or restricted source or geographic
area; or (b) preempt local governments from restricting qualified bidders, proposers or other offerors
from submitting bids, being awarded any bid or contract, or performing work on public works projects.
Section 3. The City Manager is hereby directed to include this issue as an additional state
legislative priority for the 2016 session.
Section 4. The City Clerk is hereby directed to transmit a certified copy of this resolution to
Governor Rick Scott and the Members of the Florida Legislature.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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