(A) Establishment of minimum wages. Every construction contract in excess of the dollar amount set by resolution of the City Commission to which the City is a party shall include a provision that the rate of wages and fringe benefits, or cash equivalent, for all laborer, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalent for similar skills or classifications of work as established by the General Wage Decision by the United States Department of Labor for Broward County, Florida, that is in effect prior to the date the City issues its invitation for bids. If the General Wage Decision fails to provide for a fringe benefit rate for any worker classification, then the fringe benefit rate applicable to the worker classification shall be the fringe benefit rate applicable to the worker classification with a fringe benefit rate that has a basic hourly wage closest in dollar amount to the worker classification for which no fringe benefit rate has been provided.
(B) Notice requirement. Upon commencement of work on a construction contract to which this section applies, the contractor and all subcontractors shall post a notice in a prominent place at the work site stating the requirements of this section.
(C) Preempting by federal funding. When construction contracts involve federal funding or are otherwise subject to the provisions of the Davis-Bacon Act (40 U.S.C. § 276 (a)), this section shall not apply, and the minimum wages to be paid to the various classes of laborers, mechanics and apprentices shall be based upon the wages determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. § 276 (a), and the circulars).
(D) Exceptions. The provisions of this section shall not apply to any off-site improvements to be made by a developer as required by the City as a condition of the issuance of a development permit or to any construction project performed by the City utilizing its own employees.
(E) If any question should arise concerning the application of this section that is not specifically addressed, then the CPO may but is not required to rely on rules, regulations, practices, administrative rulings and court decisions governing application of the Davis-Bacon Act.
(F) Every contractor and subcontractor required to pay prevailing wages as established by this section shall submit to the City, on a regular basis but not less than monthly, payroll sheets that have been certified under oath by the contractor and/or subcontractor as to their accuracy and compliance with the provisions of this section. The certified payroll sheets shall contain the following: name and address of each employee; his or her current classification; rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefit(s); daily and weekly number of hours worked; deductions made; and actual wages paid. Such records shall be maintained by the contractor and subcontractor for a period of at least one year following completion of the work.
(G) The CPO may withhold, or cause to be withheld from the contractor, so much of any requisitioned payment as may be considered necessary to pay laborers, mechanics and apprentices the full amount of wages required by this section. The CPO or designee may enter on the job site and conduct such inquiries of the contractor's workers and any subcontractor's workers to determine whether this section is being complied with. If any contractor or subcontractor fails to pay any laborers, mechanic or apprentice employed or working on the job site all or part of the wages required by this section, then the CPO may, after written notice to the contractor, take such action as may be necessary to cause suspension of any further payments or advances until such violations have been ceased. If the violations are not corrected, the City may terminate the contractor's right to proceed with the work for which there has been a failure to pay the required wages and take such steps as are necessary to complete the work, whereupon the contractor and its sureties shall be liable to the City for all excess costs incurred by the City.
(H) The contractor shall insert in any subcontracts such language as is necessary to require that all subcontractors to comply with the requirements of this section. The contractor shall be responsible for noncompliance by any subcontractor. This section shall be deemed part of any contract entered into between the City and any contractor, and between a contractor and any subcontractors covered by this section.
(I) Any person, corporation, entity or firm found guilty of violating the provisions of this subchapter shall be punished as provided in §10.99.
(Ord. 0-99-31, passed 9-22-99; Am. Ord. O-2009-11, passed 5-6- 09; repealed and replaced by Ord. O-2020-07, passed 7-1-20)