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Home My WebLink AboutR-16-0020Vop City of Miami '"* Legislation < U R �O Resolution: R-16-0020 File Number: 16-00004 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/14/2016 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 City of Miand Page I of 3 File Id. 16-00004 (Version: 1) Printed On: 4/16/2018 File Number: 16-00004 Enactment Number: R -I6-0020 contractor's employees working on a public project to earn a responsible wage, or even receive health or life insurance benefits; and WHEREAS, these bills 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 bills 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; City of Miand Page 2 of 3 File Id. 16-00004 (Version: 1) Printed On: 4/16/2018 File Number: 16-00004 Enactment Number: R-16-0020 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. City of Miami Page 3 of 3 File Id. 16-00004 (Version: 1) Printed On: 4/16/2018