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Home My Public Portal About09-7968 Labor Workforce Program Sponsored by: Mayor J. Kelley RESOLUTION NO. 09-7968 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ESTABLISH A LABOR WORKFORCE PROGRAM TO SAFEGUARD ABANDONED AND UNSAFE RESIDENTIAL PROPERTIES WITHIN THE CITY OF OPA- LOCKA, AT A TOTAL COST OF FIFTY THOUSAND DOLLARS($50,000.00),PAYABLE FROM ACCOUNT NO.44- 541620 WHEREAS, the City of Opa-locka("City")Code Enforcement Department has identified more than fifty(50)abandoned properties within the City that meet the requirements for"nuisance" according to Article XI, Division 7, Section 2-550 of the City's Code of Ordinances; and WHEREAS,the City's Code Enforcement Department does not have sufficient manpower to address all abandoned properties through the Urban Rangers program; and WHEREAS, in order to address the health and safety issues raised by these abandoned properties, Mayor J. Kelley has proposed that the City create a local labor workforce initiative to maintain, seal-up and demolish unsafe residential structures within the City; and WHEREAS,the labor workforce program would provide services such as sealing of doors and windows, mowing of lawns, trimming of trees and demolishing unsafe structures, when permitted by city code and state law; and WHEREAS, based on fifty(50)properties in need of attention,the projected total cost for this program is Fifty Thousand Dollars ($50,000.00), which will be bridge-funded by the City's Public Works Department, and the City will be reimbursed by placing liens on all associated properties for the costs associated with the labor workforce activity; and Resolution No. 0 9—7 9 68 WHEREAS,the City Commission of the City of Opa-locka("City Commission")desires to authorize the City Manager to establish a local labor workforce initiative to maintain, seal-up and demolish (when permitted by city code and state law)unsafe residential structures within the City. NOW, THEREFORE, BE IT RESOLVED 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. The City Commission of the City of Opa-locka hereby authorizes the City Manager establish a local labor workforce initiative to maintain, seal-up and demolish unsafe residential structures within the City, at a total cost to the City of Fifty Thousand Dollars ($50,000.00), which will be bridge-funded by the City's Public Works Department, payable from Account No. 44-541620, and with the City being reimbursed by placing liens on all associated properties for all costs associated with the labor workforce activity. Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to take any and all necessary action to effectuate the intent of this Resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 4 day of , . „ : . , 2009. e StP . KEL ►EY M' YOR Attest: Approved as to form aiid legal suffici: cy: m/!: s eborah . rby Burnadette Norlri Weeks City Clerk City Attorney Resolution No. 0 9—7 9 6 8 Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES pi---- C K ov- o, Code Enforcement Department o'. Fritz Armand Director 780 Fisherman Street,4TH Floor '�2' Phone: (305)953-2868,Ext. 1202 Opa-locka,FL 33054 °n°`�� Fax: (305)953-3060 MEMORANDUM • TO: Bryan K.Finnie,Interim City Manager FROM: Fritz Armand, Interim Code Enforcement Director DATE: November 2,2009 RE: Labor Workforce Program Currently there are more than 50 addresses on the city's list of abandoned properties that have been determined to meet the requirements for nuisance according to City Code 2-550. These properties have been on this list for more than 60 days. The Code Enforcement Department does not have the manpower to address these abandon properties with its current assigned Urban Rangers staff whose main objective is to keep the city cleaned. In order to address these abandoned properties and the health and safety issues that they raise, it is necessary to create a local labor workforce initiative to maintain, seal-up and demolish unsafe residential structures. The services will consist of: sealing doors and windows, mowing the lawn, trim trees and demolish unsafe structures. A uniform price format will be used for the services in order to have an equitable program except in the case of demolition of unsafe structures; three price quotations will be obtained from the next three contractors on the list of pre-qualified vendors using laborers from the City of Opa-locka. In order to minimize the financial impact on the city, this initiative would be paid for by the city and reimbursed through assignment of liens on the properties and cooperation of the mortgage holder. This program will help the city in avoiding blight caused by abandoned and foreclosed properties while providing work to some local residents. THE PROCESS • Use current list of abandoned properties. • Use the local Employment Assistance Center located at 780 Fisherman Street as well as other local resources such as OPATV to identify potential candidates for the program. • Services are pre-priced in the following manner: 1 o Securing a window with 1/4 inch plywood $15.00/unit o Securing a door with 1/4 inch plywood $25.00/unit o Mowing the lawn $60.00/cut o Tree trimming $50.00/house • Pricing demolition of unsafe structures will be done by obtaining quotations from pre-qualified local vendors using local workforce. • A simple work agreement indicating the address of the property, the scope of work, the price and the expected completion time will be signed between the city and the workforce participant for each property. • Workforce participants must have their own equipment. • Each property will be assigned to one candidate until the list is exhausted then assignments will begin again at the top of the list to ensure equitable distribution of work. • New assignment will be provided upon completion of the previous one. • The work will be inspected by city staff to ensure quality control. • Payment for the work will be processed on the 10th and the 25th of the month. • A 1099 form will be provided to each participant at the end of the year. PRICE OF PROGRAM Description Doors Windows Cut Lawn Trim Tree Cost/House #of Items 2 8 13 1 Price/Unit $25 $15 $60 $50 Total $50 $120 $780 $50 $1000.00 The total cost for this program based on 50 houses is$50,000.00 and it will be managed by the Code Enforcement Department. This activity will be bridge funded by the City's Public Works Department. All properties will be liened for all costs associated with this activity. The Labor Workforce Program implementation will occur upon approval by the Commission and Staff recommends approval of this program. • END OF MEMORANDUM 2 DRAFT LOCK...... CITY OF OPA-LOCKA 0 0 1 Fisherman Street, 4th Floor v� � ,.`m Opa-locka, FL 33054 ��" \o„ (305) 953-2868 FAX (305) 953-2900 e 0 , www.opalockafl.gov Labor Workforce Program Please Print or Type Company/Individual Name Address City/State/Zip Phone Fax Contact Person Payment Address ( If different from above) City/State/Zip Federal Tax ID or SSN If an Individual Scope of Services The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to perform all of the work described below. Property Address Description Door Window Cut Lawn Trim Tree Demolition Total #of Item Price/Unit Total The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of this assignment. CONTRACTOR'S INDEMNIFICATION The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against DRAFT any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR's negligent acts, errors, or omissions. If a court of competent jurisdiction holds the City liable for certain tortuous acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CONTRACTOR/ INDIVIDUAL CITY OF OPA-LOCKA Bryan K. Finnie, Interim City Manager APPROVED AS TO FORM: Burnadette Norris-Weeks, City Attorney