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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 E 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 Sack Issues experiment design,plays- for seniors;$10 for stu- the plans,claiming the day from 8 p.m.-1 am. luxury yachts food from 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. ' oe""'a i °- d s- a , rg. iCrOj 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