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Miami-Dade County Board of County Commissioners Office of the Commission Auditor Board of County Commissioners Meeting

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Miami-Dade County Board of County Commissioners Office of the Commission Auditor Board of County Commissioners Meeting Miami-Dade County Board of County Commissioners Office of the Commission Auditor Board of County Commissioners Meeting June 7, 2016 9:30 A.M. Commission Chamber Research Division Charles Anderson, CPA Commission Auditor 111 NW First Street, Suite 1030 Miami, Florida 33128 305-375-4354 Board of County Commissioners June 7, 2016 Meeting Research Notes Item No. Research Notes 4A ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAMS; AMENDING SECTION 2‐8.1.1.1.2 OF THE CODE OF MIAMI‐DADE 161115 COUNTY, FLORIDA TO PROVIDE FOR INCREASED PENALTIES TO BE PAID BY CONTRACTORS AND SUB‐CONTRACTORS UPON FAILURE TO MEET GOAL REQUIREMENTS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Notes The proposed ordinance amends Section 2‐8.1.1.1.2 of the Miami‐Dade County Code relating to the Small Business Enterprise Goods Program to provide for increased penalties to be paid by contractors and sub‐contractors upon failure to meet goal requirements. Specifically, contractors and sub‐contractors may be sanctioned in the following ways: Penalties payable to the County in an amount equal to 20% of the amount of the underpayment of wage and/or benefits for the first instance of underpayment; 40% for the second instance; 60% of the amount of underpayment for the third and successive instances; an A fourth violation will constitute a default of the contract where the underpayment occurred and may be cause for suspension or termination in accordance with the debarment procedures of the County. 4B ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAMS; AMENDING SECTION 10‐33.02 OF THE CODE OF MIAMI‐DADE 161116 COUNTY, FLORIDA TO PROVIDE FOR INCREASED PENALTIES TO BE PAID BY CONTRACTORS AND SUB‐CONTRACTORS UPON FAILURE TO MEET GOAL REQUIREMENTS, AND PENALTIES FOR SCHEDULE OF INTENT VIOLATIONS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Notes The proposed resolution amends Section 10‐33.02 of the Miami‐Dade County Code relating to the Small Business Enterprise Construction Services Program to provide for increased penalties to be paid by contractors and sub‐contractors upon failure to meet goal requirements. Specifically, contractors and sub‐contractors may be sanctioned in the following ways: Penalties payable to the County in an amount equal to 20% of the amount of the underpayment of wage and/or benefits for the first instance of underpayment; 40% for the second instance; 60% of the amount of underpayment for the third and successive instances; an A fourth violation will constitute a default of the contract where the underpayment occurred and may be cause for suspension or termination in accordance with the debarment procedures of the County. Additionally, the proposed ordinance provides that if on three (3) separate occasions, a subcontractor executed a Schedule of Intent (SOI) Affidavit and subsequently becomes unavailable to perform or complete the work for the prime contractor during the contract period, SBD will suspend said subcontractor from certification for one (1) year. If SBD suspends the same subcontractor three (3) times due to its failure to perform pursuant to an SOI, SBD will suspend the subcontractor for a minimum of five (5) years, or until such time as the subcontractor can show SBD that it is ready, willing and able to perform if five (5) years has elapsed. 4C ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAMS; AMENDING SECTION 2‐10.4.01 OF THE CODE OF MIAMI‐DADE 161117 COUNTY, FLORIDA TO PROVIDE FOR INCREASED PENALTIES TO BE PAID BY CONTRACTORS AND SUB‐CONTRACTORS UPON FAILURE TO MEET GOAL REQUIREMENTS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Notes The proposed ordinance amends Section 2‐10.4.01 of the Miami‐Dade County Code relating to Small Business Enterprise Architecture and Engineering Programs to provide for increased penalties to be paid by contractors and sub‐contractors upon failure to meet goal requirements. Specifically, contractors and sub‐contractors may be sanctioned in the following ways: Penalties payable to the County in an amount equal to 20% of the amount of the underpayment of wage and/or benefits for the first instance of underpayment; 40% for the second instance; 60% of the amount of underpayment for the third and successive instances; an A fourth violation will constitute a default of the contract where the underpayment occurred and may be cause for suspension or termination in accordance with the debarment procedures of the County. 4D ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2‐8.1.1.1.1 OF THE CODE OF MIAMI‐DADE 161119 COUNTY, FLORIDA TO PROVIDE FOR INCREASED PENALTIES TO BE PAID BY CONTRACTORS AND SUB‐CONTRACTORS UPON FAILURE TO MEET GOAL REQUIREMENTS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Notes The proposed ordinance amends Sections 2‐8.1.1.1.1 of the Miami‐Dade County Code relating to Small Business Enterprise Services Programs to provide for increased penalties to be paid by contractors and sub‐contractors upon failure to meet goal requirements. Specifically, contractors and sub‐contractors may be sanctioned in the following ways: Penalties payable to the County in an amount equal to 20% of the amount of the underpayment of wage and/or benefits for the first instance of underpayment; 40% for the second instance; 60% of the amount of underpayment for the third and successive instances; and A fourth violation will constitute a default of the contract where the underpayment occurred and may be cause for suspension or termination in accordance with the debarment procedures of the County. 4E ORDINANCE PERTAINING TO COMMUNITY WORKFORCE PROGRAM; AMENDING SECTION 2‐1701 OF THE CODE OF MIAMI‐DADE COUNTY, 161121 FLORIDA TO PROVIDE FOR INCREASED PENALTIES TO BE PAID BY CONTRACTORS AND SUB‐CONTRACTORS UPON FAILURE TO MEET GOAL REQUIREMENTS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE 1 Board of County Commissioners June 7, 2016 Meeting Research Notes Item No. Research Notes Notes The proposed ordinance pertaining to the Community Workforce Program amends Section 2‐1701 of the Miami‐Dade County Code to provide for increased penalties to be paid by contractors and sub‐contractors upon failure to meet goal requirements. Code Comparison Chart Section 2‐1701 of the Miami‐Dade County Code Section Current Proposed Sec. 2‐1701. C. Workforce Plan: Bid and proposal documents for C. Workforce Plan: Bid and proposal documents for Capital Community Capital Construction Contracts/Work Order to which a Construction Contracts/Work Order to which a local Workforce local workforce goal has been applied shall require the workforce goal has been applied shall require the Program. contractor, to develop and submit to the County, contractor, to develop and submit to the County, within (2) Program within fifteen (15) days of notification of award of the fifteen (15) days of notification of award of the contract, a Components contract, a Workforce Plan outlining how the goal will Workforce Plan outlining how the goal will be met and be met and containing all of the information and containing all of the information and elements required by elements required by this Section. The Plan shall this Section. The Plan shall specify the total number of specify the total number of persons that will be used persons that will be used by the contractor (as well as by all by the contractor (as well as by all subcontractors) to subcontractors) to perform all of the construction trades perform all of the construction trades and labor work and labor work of the contract, broken down by trade and of the contract, broken down by trade and labor labor category, minimum qualifications for each category, category, minimum qualifications for each category, and the number of persons to be utilized in each category. and the number of persons to be utilized in each The Plan shall identify by name, address and trade category category. The Plan shall identify by name, address and of all persons proposed to perform work under the contract trade category of all persons proposed to perform currently on the contractor's (or on any proposed work under the contract currently on the contractor's subcontractor's) payroll who reside in any Designated Target (or on any proposed subcontractor's) payroll who Area. The Plan shall also indicate the number of positions reside in any Designated Target Area. The Plan shall shown on the work, trade categories and minimum also indicate the number of positions shown on the qualifications therefore of the positions to be hired by the work, trade categories and minimum qualifications contractor (or by any proposed subcontractors) to perform therefore of the positions to be hired by the the construction trades and labor work under the contract. contractor (or by any proposed subcontractors) to The County will not enter into the contract until it receives perform the construction trades and labor work under the contractor’s Workforce Plan and deems the Plan the contract. The County will not enter into the acceptable. The contract language of a contract subject to a contract until it receives the contractor’s Workforce local workforce goal shall provide that in the event that at Plan and deems the Plan acceptable. The contract contract completion, the contractor fails to comply with the language of a contract subject to a local workforce established local workforce goal, liquidated damages equal goal shall provide that
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