HomeMy Public PortalAbout13-04 First Source Hiring Referral Program 15t Reading: February 13,2013
2°d Reading: March 13,2013
Public Hearing: March 13,2013
Adopted: March 13,2013
Effective Date: March 14,2013
Sponsor: Vice Mayor Kelley
ORDINANCE NO. 13-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, TO AMEND CHAPTER 2, OF
OPA-LOCKA CODE OF ORDINANCES BY
ESTABLISHING SECTION 2-192, FIRST SOURCE
HIRING REFERRAL PROGRAM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the unemployment rate in the City of Opa-locka is extremely high; and
WHEREAS, the City awards a substantial amount of dollars in contracts for goods and
services each year, which results in the creation of a variety of employment opportunities; and
WHEREAS, these contracts are paid for with taxpayer dollars and should be used to
promote the sustenance and creation of jobs that will increase consumer income, decrease levels
of poverty, invigorate neighborhood businesses and reduce the need for taxpayer-funded
programs; and
WHEREAS,the City of Opa-locka desires to amend Chapter 2 of the Code of Ordinance
by establishing Section 2-192, First Source Hiring Referral Program;
NOW,THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Chapter 2, Section 2-192 of the Code of Ordinances, Chapter 2,
Administration, is established to read as follows:
Ordinance No. 13-04
***********
Sec. 2-192. First Source Hiring Referral Program
(1) Title. This section shall be referred to as the First Source Hiring Referral
Program.
(2) Definitions. The following definitions shall apply to this section:
A. "Implementing Order"or"IO"means the implementing order developed
by the Mayor or Mayor's designee and approved by City Commissioners
the"Commissioner") to give effect to the provisions of this Section.
B. "City Contract"means an agreement for the purchase of goods and
services specifically identified in the Implementing Order.
C. "Contractor"means any person or entity which enters into a Contract with
the City.
D. "First Source Register"means the register of unemployed persons
maintained by the Referral Agency in accordance with the provisions of
this Section.
E. "Referral Agency"means the South Florida Workforce Investment Board
("SFWIB").
F. "Referral Period"means the three(3) to five(5) day period following
notification to the Referral Agency of employment availability.
(3) First Source Register created.
The Referral Agency shall compile and maintain a First Source Register.,
which shall be a listing of unemployed persons, including graduates of
programs funded by the Workforce Investment Act to be made available
to Contractors as a first source for their employment needs. The Referral
Agency shall not discriminate on the basis of race, ethnicity, sex,
residence, or other protected category or class, in the compilation or
maintenance of the First Source Register, or in its referral activities
provided for in this Section. The Referral Agency shall, to the extent
allowed by law, maintain a data base which identifies the race, ethnicity,
sex, and residence of the persons within the First Source Register
sufficient to permit adequate analysis of the available work force.
(4) Referral Procedure.
A. The Referral Agency shall be the first source for employees to fill jobs
created to satisfy the requirements of City Contracts. The following
requirements shall be included in all City Contracts, except those covered
Ordinance No. 13-04
under the Community Workforce Program ("CWP"), and except those
covered under programs intended to encourage and assist in the
employment of the blind and other severely handicapped persons such as
described in Sections 413.032 - 413.037, Florida Statutes (2011):
1. The Contractor, prior to hiring to fill each vacancy arising under a City
Contract, shall first notify the Referral Agency of the vacancy and list
the vacancy with the Referral Agency. The listing shall contain a
detailed description of the job responsibilities and qualifications, and
be posted during the Referral Period. The Referral Agency shall
provide a list of qualified candidates, if such candidates are available,
to Contractor within twenty-four (24) hours of receiving notice of
vacancy. Thereafter, Contractor shall (a) review the resumes and
qualifications of the candidates, and (b) make a good faith effort as
determined by the City, to fill a minimum of fifty percent (50%) of its
employment needs under the City Contract from the First Source
Register. Notwithstanding the foregoing, if after the Referral Period a
suitable employee is not found from the Referral Agency, the
Contractor is free to fill its vacancies from other sources.
2. A good faith effort to employ candidates from the Referral Agency
shall constitute, at a minimum, evaluating the qualification of such
candidates, and conducting interviews with those candidates who
satisfy the minimum competency requirements. The Contractor is not
required to hire any individual candidate referred. However,
Contractors shall not commit to fill vacancies in any other manner
until after the end of the Referral Period, unless the Referral Agency
notifies the Contractor in writing prior to the end of the Referral Period
that qualified candidates are not available in sufficient numbers to fill
the vacancies. Upon such notification, the Contractor may immediately
fill vacancies using other sources
3. In determining whether a Contractor has made good faith efforts, the
City may consider, among other criteria to be set forth in the
Implementing Order: (a) the number, skills and composition of the
Contractor's labor force ultimately hired; (b) whether minimum
requirements were established for available positions beyond
reasonable requirements to complete the job; (c) the number of
referred candidates interviewed for the position; and (d) the
Contractor's use of the First Source Register to satisfy its labor needs
in contracts other than City Contracts. The City's determination as to
whether a Contractor has made such good faith efforts is final and
binding.
4. All competitive solicitations for Contracts, except those covered under
CWP, shall set forth the requirements of this Section.
Ordinance No. 13-04
(5) Monitoring and Compliance.
A. City Contracts shall require the Contractor to submit quarterly reports to
the Referral Agency indicating the name and number of employees hired
by Contractor in the previous quarter, including the source from which
such employees were found, and payroll records and tallies of employee
work hours. If none of the candidates referred to a Contractor by the
Referral Agency were hired, the Contractor shall report the reasons why
all referred candidates were rejected in its quarterly reports. Each quarterly
report shall be submitted to Referral Agency within two (2) weeks of the
end of the quarter.
B. For each Contract, the Contractor shall retain records sufficient to
determine compliance with this Section. Such records shall include: (1)
notifications to the Referral Agency; (2) referrals from the Referral
Agency; (3)job applications received from sources other than the Referral
Agency; and (4) the number of candidates hired based on referrals from
the Referral Agency. To the extent allowed by law, such records shall be
made available to Referral Agency upon request.
C. Referral Agency shall be entitled to perform random, unannounced site
visits to applicable project sites to determine whether or not Contractor has
filled its vacancies.
D. Referral Agency shall report to the City, any non-compliance with the
requirements of this ordinance, any related Implementing Order, or first
source agreement between Referral Agency and Contractor.
(6) Implementation
A. The Mayor or Mayor's designee shall prepare and submit to the
Commissioners for approval, the Implementing Order which shall at a
minimum:
L Indicate that all City Contracts shall be subject to the requirements of
this Section. The requirements of this Section shall be implemented to
the maximum extent feasible, for all City purchases of goods and
services.
2. Develop a time frame for implementation of First Source Hiring
Referral Program. A rollout department shall be identified to use the
Referral Agency with its City Contracts, and all other Ciy departments
will be phased into this process within six (6)month of the passage of
this ordinance.
3. Advise prospective and awarded Contractors of the nature of the First
Source Hiring Referral Program.
Ordinance No. 13-04
4. Set forth procedures to determine Contractor compliance with the
requirements of this Section.
5. Recommend and establish a minimum funding threshold.
6. Establish a procedure for review and investigation of allegations of
noncompliance with the provisions of this ordinance, implementing
order, or first source hiring agreement.
7. Establish a procedure to determine appropriate sanctions for failure to
comply with the terms of this ordinance, implementing order, or first
source hiring agreement.
8. Establish an appeals process for determinations of noncompliance with
the provisions of the ordinance, implementing order, or first source
hiring agreement.
B. The Mayor or Mayor's designee shall prepare quarterly reports for the
Commissioners which shall include: (a) the dollar amount of each City
Contract utilizing the First Source Hiring Referral Program; and (b) an
analysis of the effectiveness of the program during each quarterly
reporting period.
f7) Sanctions for Violations.
A. Each Contract shall include provisions stating the nature of the sanctions
to be imposed on a Contractor that is not in compliance with this Section.
Such sanctions shall include, but not be limited to the following
L Suspension of contract until Contractor performs obligations, if
appropriate.
2. Default and/or termination.
3. Payment of$1,500 per employee, or the value of wages that would
have been earned by employees injured by Contractor's non-
compliance, whichever is less.
B. If any Contractor attempts to comply with the provisions of this ordinance
through fraud, misrepresentation or material misstatement, the City, in its
sole discretion,may immediately terminate the subject City Contract.
***********
Ordinance No. 13-04
Section 3. All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall be codified in the Code of Ordinances when the code
is recodified.
Section 6. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 13th day of March, 2013. 7., _�
(e,„ .I /
' 'TAYLOR
MAYOR
• ttest to:
L t► (-4-e0'\-,---Th
Q.anna Flores
' ity Clerk
Ap• oved as t• fo an. 1-_: Ili -ncy:
Jo p o4'IA q eller
ENS'OON MARDER PA
f i r Atto ey
Ordinance No. 13-04
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
2ND I SUNDAY,MARCH 3,2013 ND MiamiHerald.com I THE MIAMI HERALD
REACH US NEIGHBORHOOD NEWS
EDITORIAL
suburban Edllor n WEST MIAMI-DADE the state level. visit miamichapter The school would enroll four years from 20 to 200
man Chrissos They move on to state usncofunwomen-eorg up to 200 children from volunteers assisting fami-
115-376-2635 HELEN SCIENCE TEAM competition at UCF in .eventbrite.com. infancy to age 8,employ 16 lies South Florida.
thrissos!FMiamiHerald.com MOVES ON TO STATE Tampa on March 23. o teachers,and include 11 This year's gala will be
ditor classrooms and 34 parking held at Terra Veritatis,
W ESTC HESTE R
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Tare Figueras Negrete The Belen Jesuit Preps- o S W EE TWATER SCHOOL PLANS UP
105-376-3556 ratory School Science spaces. 4949 Pine Tree Dr.,in
lEgueras@MiamiHerald.com Olympiad team placed UN WOMEN'S 5K WALK FOR DISCUSSION The hearing will take Miami Beach,the recently
TO END VIOLENCE
Reporters second at regional compe- The Westchester Com- place at Ruben Dario Mid- completed waterfront
Halealr Christina Veiga, tition and are going now Miami's chapter of the munity Council will be die School,350 NW 97th compound of Bill Dean,
305-376-2029;cveiga@Miami set to compete at the state United States National reviewing an application Ave. which will be transformed
e;aid.eom;aCeeiga on Twitter level. Committee for United at 6:30 p.m.March 19 for o into the famous Casino de
Youth Sports MIAMI-DADE
During an eight-hour- Nations is hosting a 5k the construction of a new Monte Carlo.
sportsscene@-MiamiHerld.com A GALA TO HELP KIDS
School News long competition at Edi- walk Saturday at 11 a.m.,at private school,daycare The night will include
son College in Fort Myers the Women's Park on 10251 and six residential units WITH HARDSHIPS more than 1,000 of South
:;hoolnewsaMiamlHeraid.com g y
on Saturday,the Belen W.Flagler St.The event, on vacant land at South- The Little Lighthouse Florida's movers and shak-
OTHER CONTACTS team competed in areas of aimed at raising awareness west 147th Avenue and Foundation will present ers imbibing at open bars,
Advertising science,such as forensics, about gender-based vio- 15th Street. the fourth annual Hearts dancing under the stars,
305-376-2707 astronomy,chemistry, lence,is$25 for adults;$20 Local neighbors oppose and Stars Gala on Satur- enjoying champagne on
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305.376-3719 ics and more. dents;and free for chil- project will cause traffic Benefiting South Florida the region's top restau-
Subscriber Services They won a total of five dren age 12 and under. congestion and noise and children and families,The rants.
1600-7HE 4HERALD
first-place awards,seven Funds collected that day reduce home values. Little Lighthouse Founds- There will be a raffle for
1800-643-4372 p day
Single-Copy Sales: second-place awards and go to the UN Trust Fund, Landowner representa- tion provides support to several prize packages
335-376-3222 five third-place awards. which provides grants to tives,however,say the children with educational, valued at over$10,000.
The team also placed support local and national proposed school,which financial and medical Tickets for the gala can
second overall in regionals efforts to stop violence would be called"New hardships. be purchased at
and has earned an in- against women and girls. Horizons,"is a good fit for The foundation has www.HeartsandStars
vitation to participate at For more information, the residential community. grown exponentially in its Gala.com.
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CITY OF OPA-LOCKA CITY OF 013A-LOCKA, FLORIDA
TOWN HALL MEETING NOTICE TO THE PUBLIC
Hosted by Vice Mayor Joseph L.Kelley NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public hearings at its Regular
Commission Meeting on Wednesday,March 13,2013 at 7:00 p.m.at the Opa-locka Municipal Complex,780 Fisherman Street,
Wednesday, March 6,2013 2°Floor,Opa•Iocka,Florida to consider tie following items:
p.m. SECOND READING ORDIIHINCES/PUBLIC HEARING:
6:00 p.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING ORDINANCE NO.12.28 TO
The City of Opa-locka will hold a Town Hall Meeting on Wednesday, AUTHORIZE THE CITY MANAGER TO EWER INTO A FIVE YEAR FINANCING AGREEMENT WITH FORD CREDIT MUNICIPAL
ty p 9 y FINANCE,FOR THE PURCHASE OF A STREET SWEEPER ATA COST 0E940,015.48 ANNUALLY,AND A FIVE YEAR MAINTENANCE
March 6, 2013 @ 6:00 p.m.for the purpose of receiving citizen input AGREEMENTWITHENVMONMENTAL PRODUCTS OF FLORIDA AT A COST OF$12,000.00ANNUALLX PAYABLE FROM ACCOUNT
on the following items: 43-536640;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR
g SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 13,2013).Sponsored by CM.
1. Re-establishment of City Boards/Committees as per the All ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AMEND CHAPTER 2,OF THE
new city charter OPA-LOCKA CODE OF ORDINANCES BY ESTABLISHING SECTION 2-192,FIRST SOURCE HIRING REFERRAL PROGRAM:
Y PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERAOILITY; ;
2.Proposed citywide fee changes PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held en February 13,20131.
p g Sponsored by J.K.
ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman Sheet,4"Floor,
Opa-locka,Florida.All interested persons are encouraged to attend this meeting and WV be heard with respect to the public hearing. !.
Opa-locka Municipal Complex
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with respect
780 Fisherman Street,2 4 Floor ! to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to
Opa-locka,FL 33054 ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the
appeal may be based.
For more Information,contact the JOANNA FLORES,CMC
Office of the City Clerk at(305)688-4611 CITY CLERK