Broward County Commission Regular Meeting

MOTION TO CONSIDER enactment of an 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 Mayor Mark D. Bogen, Vice-Mayor Dale V.C. Holness, and Commissioner Lamar P. Fisher)
 

ACTION:  (T-12:01 PM)  Filed proof of publication and enacted the Ordinance as amended with an effective date as reflected on Purple-Sheeted Additional Material, dated May 7, 2019, submitted at the request of the Office of Economic and Small Business Development, as well as Yellow-Sheeted Additional Material 55, dated March 28, 2019, submitted at the request of Commissioner Geller.  (See Yellow-Sheeted Additional Material 55, dated March 28, 2019, submitted at the request of Vice-Mayor Holness).  Commissioners Furr, Rich, and Sharief requested being cosponsors to this item.  (Refer to minutes for full discussion.)

VOTE:  9-0.

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of March 28, 2019.

Provides for the establishment of apprenticeship participation requirements for specified County contracts.

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 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 labor component of 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, suspension from consideration for future contracts, or termination of the construction contract.

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

At the March 28, 2019, County Commission meeting, the Board approved an amendment to the Ordinance proposed by Senator Steve Geller. The amendment provided that (as referenced above) if the labor component of a CBE's applicable subcontract is less than $1,000,000, the Ordinance would not apply to the CBE. Please note that the Ordinance was updated to include that change on page 5, line 24.

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