Broward County Commission Regular Meeting

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AI-28808

55.

Meeting Date:	03/28/2019
Director's Name:	Andrew J. Meyers
Department:	County Attorney

Information

Requested Action

MOTION TO ADOPT Resolution No. 2019-120 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 7, 2019, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY CONSTRUCTION APPRENTICESHIP PROGRAM; CREATING SECTIONS 26-8 THROUGH 26-11 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO ESTABLISH APPRENTICE PARTICIPATION REQUIREMENTS FOR COUNTY CONSTRUCTION CONTRACTS; PROVIDING FOR CONTRACTORS TO PARTICIPATE IN AN APPRENTICESHIP PROGRAM FOR SPECIFIED COUNTY CONTRACTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Senator Steve Geller and Cosponsored by Vice-Mayor Dale V.C. Holness and Mayor Mark D. Bogen)

(Per the Tuesday Morning Memorandum, Commissioner Fisher requested being a co-sponsor to this item.)

ACTION: (T-1:10 PM) Approved as amended with Yellow-Sheeted Additional Material, 55(2) dated March 28, 2019, submitted at the request of Commissioner Geller. Vice-Mayor Holness withdrew his amendment as reflected on Yellow-Sheeted Additional Material, 55, dated March 28, 2019. (See Yellow-Sheeted Additional Material, 55(3) dated March 28, 2019, submitted at the request of Commissioner Furr. (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner Sharief was not present.

Why Action is Necessary

The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of February 12, 2019.

What Action Accomplishes

Provides for the creation of Sections 26-8 through 26-11 of the Code.

Is this Action Goal Related

Previous Action Taken

Summary Explanation/Background

There is a shortage of skilled labor for construction projects, and this shortage of labor could result in delays, expenses, and other challenges to the County's future construction projects. Apprenticeships will create opportunities for training and experience that will assist in ensuring that a trained workforce will be available for future County construction projects.

The proposed Ordinance creates an apprenticeship program that requires contractors bidding on County construction projects over $2,000,000 to participate in an apprenticeship program registered with the Florida Department of Education or the United States Department of Labor. For the duration of the construction contract, at least twelve percent (12%) of the labor hours on the construction project must be performed by apprentices employed by the contractor or subcontractors on the construction project.

The proposed Ordinance does not apply: if the apprenticeship requirement is prohibited by federal or state law or the terms of a federal or state grant applicable to the construction project; to a CBE subcontractor if the subcontract is less than $1,000,000; if the contractor has demonstrated that there is an insufficient number of apprentices available to meet the required percentage; if the County determines that the required percentage is not feasible; or if the Board determines that applying the proposed Ordinance to the construction project is not in the best interests of the County.

The proposed Ordinance requires that the contractor and its subcontractors keep and submit accurate and timely records identifying the labor hours on the construction project and the number of hours worked by apprentices on the construction project. Failure of the contractor to comply with the requirements of the proposed Ordinance may subject the contractor to all remedies at law, including but not limited to debarment or suspension from consideration of future contracts and termination of the construction contract.

The proposed Ordinance will apply prospectively only and will not apply not to solicitations advertised by the County prior to the effective date of the proposed Ordinance.

Source of Additional Information

Adam Katzman, Senior Assistant County Attorney, 954-357-7600

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Impact Statement by Office of Management and Budget will be provided at the time of the public hearing.

Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Ordinance
Additional Material - Information
Additional Material - Information