HomeMy Public PortalAbout13-8592 South Florida Work Force Investment Board Sponsored by: City Manager
RESOLUTION NO. 13-8592
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
("SFWIB") FOR A CITY JOB INITIATIVE; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission desires to increase employment in the City, and has
adopted several resolutions directing the City Manager to create job program initiatives; and
WHEREAS, it is recommended that the City Commission authorize an agreement with
the South Florida Workforce Investment Board ("SFWIB") , to increase the employability of the
workforce through effective training and development; and,
WHEREAS, the SFWIB will function as a first-stop Workforce Development
Organization("WDO") and Workforce Recruitment/Referral Organization("WRO"); and
WHEREAS, SFWIB, as a first-stop, will provide construction trade skills training,
which is recognized and accepted by federation trade members; and
WHEEREAS, the SFWIB will also provide first-stop services to the City of Opa-locka
Workforce/Recruitment/Referral service; and
WHEREAS, the implementation of this partnership will provide trade skills, training,
and employability skills to residents of the City of Opa-locka, benefiting both job seekers and
members of the local business community, and maximizing the community's benefit from both
programs.
Resolution No. 13-8592
NOW, THEREFORE, BE IT DULY 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 agrees to enter into
a partnership with the South Florida Workforce Investment Board ("SFWIB") for a City job
initiative, in substantially the form attached hereto as Exhibit "A" and authorizes the City
Manager to extend this agreement for up to one year, until June 30, 2014, on the same terms and
conditions if agreeable to both parties.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of May, 2013.
//
1►�YRA AYLOR
MAYOR
Attest to:
4.1 2l0
J41 a Flores
City Clerk
Approved s to form and legal sufficiency:
Jp. p .. Geller
04 EE F SPOON MARDER PA
ity A torney
Resolution No. 13-8592
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
OQP_LoC c ,
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting Item Type: Resolution Ordinance Other
May 8, 2013
Date: (EnterXin box) X
Yes No Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) X
Fiscal Impact:
(EnterXin box) Public Hearing: Yes No Yes No
X (EnterXin box) X X
Funding Source: (Acct.No.37-51531) Advertising Requirement: Yes No
To Be Determined (EnterXin box) X
Contract/P.O.Required: Yes No
(EnterXin box) X RFP/RFQ/Bid#: N/A
Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Enhance Organizational El N/A
Strategic Plan Related Bus.&Economic Dev •
(EnterXin box) X Public Safety
Quality of Education
Qual.of Life&City Image
Communcation
Sponsor Name City Manager Department: Community Development
Short Title:
Memorandum of Understanding (MOU) between the City of Opa-locka and the South Florida Workforce Investment
Board (SFWIB)for the City's Job Initiative Programs
Staff Summary:
The Mayor and City Commission have adopted several resolutions authorizing or directing the City Manager to create
several job program initiatives geared toward hiring Opa-locka residents. The purpose of the initiatives is to increase
employment in traditionally high unemployment areas of the city: designated empowerment and enterprise zones,
targeted urban areas, and Community Development Block Grant Eligible NRSA areas. The initiatives offer
employment opportunities to Opa-locka residents for select temporary city projects such as car washing and
sidewalk/alleyway construction, in addition to permanent jobs with the city or with private business owners in Opa-
locka. The initiatives will foster the city's economic revitalization and growth by ensuring that most of the workforce is
Opa-locka residents.
A key component to the success of the city's Jobs Program, or any other endeavor to increase employment, is to
increase the employability of the workforce through effective training and development. To meet this challenge, it is
recommended that the Mayor and City Commission authorize an agreement with the SFWIB to function as the first
stop Workforce Development Organization (WDO) and Workforce Recruitment/Referral Organization (WRO).
Chartered by the State of Florida, SFWIB is one of 24 regional workforce investment boards in the state. The SFWIB
is the regional workforce investment board for region 23 which is comprised of Miami-Dade and Monroe counties.
On March 14, 2013, the City Commission adopted Ordinance No. 13-04 also known as the "First Source" ordinance,
which creates a hiring referral program.
As the first stop WDO, SFWIB will provide construction trade skills training designed, recognized and accepted by all
federation members of the respective trades—the same members who provide certification after participation,
apprenticeship training, or any construction related training. In addition, SFWIB will provide first stop services to the
City of Opa-locka as a Workforce Recruitment/Referral service. This service includes teaching employability skills
such as application completion/submission, interviewing, and appropriate attire.
SFWIB is responsible for implementation of the Federal Workforce Investment Act in region 23 which directly benefits
both job-seeks and members in the local business community. This MOU between the city and the SFWIB
maximizes the community's benefit from both programs.
Staff recommends approval.
Approving this Memorandum of Understanding with the South Florida Workforce Investment Board solidifies the
partnership.
Draft MOU
Ordinance No. 13-04
Resolution No. 12-8497
Resolution No. 13-8550
Resolution No. 13-8560
O
,
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph Kelley,Vice Mayor
Timothy Holmes, Commission pr
Dorothy Johnson, Commissioner
Luis B. Santiago, Commission
FROM: Kelvin L. Baker, Sr., City Manag
DATE: May 1, 2013
RE: Memorandum of Understanding (MOU) between the City of Opa-locka and the South
Florida Workforce Investment Board (SFWIB)for the City's Job Initiative Programs
Request:
It is recommended that the Mayor and City Commission authorize the City Manager to execute a
Memorandum of Understanding (MOU) between the City of Opa-locka and the South Florida Workforce
Investment Board (SFWIB)for the city's Job Initiatives program and First Source Hiring Referral Program.
Description:
The Mayor and City Commission have adopted several resolutions authorizing or directing the City
Manager to create several job program initiatives geared toward hiring Opa-locka residents. The purpose of
the initiatives is to increase employment in traditionally high unemployment areas of the city: designated
empowerment and enterprise zones, targeted urban areas, and Community Development Block Grant
Eligible NRSA areas. The initiatives offer employment opportunities to Opa-locka residents for select
temporary city projects such as car washing and sidewalk/alleyway construction, in addition to permanent
jobs with the city or with private business owners in Opa-locka. The initiatives will foster the city's
economic revitalization and growth by ensuring that most of the workforce is Opa-locka residents.
A key component to the success of the city's Jobs Program, or any other endeavor to increase
employment, is to increase the employability of the workforce through effective training and development.
To meet this challenge, it is recommended that the Mayor and City Commission authorize an agreement
with the SFWIB to function as the first stop Workforce Development Organization (WDO) and Workforce
Recruitment/Referral Organization (WRO).
Chartered by the State of Florida, SFWIB is one of 24 regional workforce investment boards in the state.
The SFWIB is the regional workforce investment board for region 23 which is comprised of Miami-Dade
and Monroe counties. On March 14, 2013, the City Commission adopted Ordinance No. 13-04 also known
as the "First Source"ordinance, which creates a hiring referral program
As the first stop WDO, SFWIB will provide construction trade skills training designed, recognized and
accepted by all federation members of the respective trades. Successful trainees will receive certification
As the first stop WDO, SFWIB will provide construction trade skills training designed, recognized and
accepted by all federation members of the respective trades—the same members who provide certification
after participation, apprenticeship training, or any construction related training. In addition, SFWIB will
provide first stop services to the City of Opa-locka as a Workforce Recruitment/Referral service. This
service includes teaching employability skills such as application completion/submission, interviewing, and
appropriate attire.
SFWIB is responsible for implementation of the Federal Workforce Investment Act in region 23 which
directly benefits both job-seeks and members in the local business community. This MOU between the city
and the SFWIB maximizes the community's benefit from both programs.
Analysis: Approving this Memorandum of Understanding with the South Florida Workforce Investment
Board solidifies the partnership.
Financial Impact: There is no financial impact to the City of Opa-locka.
Implementation Time Line: Immediately
Legislative History:
Ordinance No. 13-04
Resolution No. 12-8497
Resolution No. 13-8550
Resolution No. 13-8560
Staff Recommendation:
Staff recommends the City Manager be authorized to execute an MOU between the City of Opa-locka and
the South Florida Workforce Investment Board.
Attachment(s)
Draft MOU
Ordinance
Resolutions
Prepared By: Howard W. Brown, Jr., Community Development Direc 4
2
MOU-South Florida Workforce Investment Board
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
AND
CITY OF OPA-LOCKA
This Memorandum of Understanding (hereinafter sometimes referred to as "MOU" or
"Agreement"or"Contract") is made and entered into by and between the South Florida Workforce
Investment Board (hereinafter referred to as the "SFWIB") and the City of Opa-Locka (hereinafter
referred to as the"City").
WITNESSETH:
WHEREAS, the SFWIB provides workforce development services in Region 23, which is
comprised of Miami-Dade and Monroe Counties,and
WHEREAS,the SFWIB is responsible for the implementation of the Workforce Investment Act
(WIA)in Region 23 of the State of Florida and to effectuate programs directly benefiting job seekers and
members of the local business community,and
WHEREAS,the SFWIB's delivery of services is enhanced through the integration of available
resources, coordination of services through effective linkages and partnerships with the business
community,and the sharing of information and referrals that may lead to successful employment and self-
sufficiency for clients,and
WHEREAS, the City is a . . • .. .. - .'•• - • -- - - . :a Florida municipal corporation as defined by 166 F.S.•WHEREAS, the City desires that SFWIB be the first source Workforce Recruitment/Referral
and Development Organization, which provides employment,recruitment/referral services,development
(training)and employability skills training for Opa-Locka residents,and
WHEREAS, the City administers the First Source Hiring Referral Program ("FSHRP")
Ordinance requiring the application of local workforce goals on awarded contracts, that require a
minimum of fifty—percent (50-%) of persons performing work reside in Opa-Locka through the
FSHRP,and
NOW THEREFORE,in consideration of the mutual terms,conditions,promises,and covenants
hereinafter set forth,SFWIB and the City agree as follows:
I. PURPOSE
The purpose of this MOU is to establish an agreement and contract between the above-mentioned entities,
SFWIB and the City,to define and delineate their respective roles and responsibilities for implementation
of a job registry and referral website for the delivery of recruitment services to fill job order requests,
related to the City of Opa-Locka.The parties to this Agreement shall coordinate and perform the activities
and services described herein within the scope of the legal requirements governing the parties' respective
programs,services,and agencies.
Page 1 of 6
H. INTRODUCTION
In response to the increasing needs of South Florida businesses,the SFWIB,in partnership with the City,
is launching a virtual specialized recruitment service that will be delivered through a customized web
portal.The objective is to establish a pool of qualified candidates to meet industry demand.
III. SCOPE OF WORK
SFWIB and the City agree to provide services in accordance with Exhibit A,Scope of Work,attached
hereto and incorporated herein by reference as if fully set forth herein.Methods for referring candidates to
City projects for the appropriate job openings are set forth in the Scope of Work. Any modifications to
the Scope of Work shall only be valid when they have been reduced to writing,duly approved and signed
by both parties hereto.
IV. PERIOD OF PERFORMANCE
The term of this MOU shall be from January 25,2013 to and including June 30,2013.
V. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
The City assures that it will comply fully with the nondiscrimination and equal opportunity provisions of
the following laws:
A. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship/status as a lawful admitted immigrant
authorized to work in the United States or participation in any WIA Title I—financially
assisted program or activity;
B. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.0 2000 et seq., which
prohibits discrimination against qualified individuals from participating or receiving
benefits in any Federal Assisted Programs on the basis of race,color,or national origin;
C. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination against qualified individuals with disabilities;
D. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age;
E. Section 654 of the Omnibus Budget Reconciliation Act of 1981,as amended,42 U.S.C.
9849, which prohibits discrimination on the basis of race, creed, color, national origin,
sex,handicap,political affiliation or beliefs;
F. The American with Disabilities Act of 1990, P.L. 101-336, which prohibits
discrimination on the basis of disability and requires reasonable accommodation for
persons with disabilities;
Page 2 of 6
G. 45 CFR 98, the Temporary Assistance for Needy Families Program (TANF), 45 CFR
Parts 260-265, and other applicable federal regulations and policies promulgated
hereunder;and
H. Executive Order(EO) No. 11246, Equal Employment Opportunity, as amended by EO
No. 11375,and as supplemented in Department of Labor regulation 29 CFR parts 33 and
37 as well as 41 CFR,part 60 and 45 CFR part 80;if applicable.
I. Chapter 11A of the Code of Miami-Dade County which prohibits discrimination in
employment on the basis of race, color, religion, ancestry, national origin, sex,
pregnancy,age,disability,marital status,familial status or sexual orientation.
The City also assures that the City will comply with 29 CFR Part 37 and all other regulations
implementing the laws listed above. The City understands the United States has the right to seek judicial
enforcement of this assurance.
VI. CONFIDENTIALITY
The parties to this MOU agree to comply with the provisions of the WIA and applicable sections of the
Rehabilitation Act and any other applicable statutes or requirements to assure the following:
•
A. All applicants and individual records relating to services provided under this MOU,
including eligibility for services,enrollment,and referral shall be confidential and shall not
be open to examination for any purpose not directly connected with the delivery of such
services.
B. No party will publish,disclose or use,or permit or cause to be published,disclosed or used,
any confidential information pertaining to applicants,participants,or customers overall.
C. The parties agree to abide by the current confidentiality provisions of the applicable federal
and state statutes and regulations and shall share information necessary for the
administration of the program. The parties therefore agree to share client information
necessary for provision of services under WIA,i.e., assessment,universal intake;program
or training referral;job development or placement activities; and other services as needed
for employment or program support purposes.
VII. INDEMNIFICATION
A. The City shall indemnify and hold harmless SFWIB and its officers,employees, agents,
servants, agencies and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which SFWIB and its officers, employees,
servants, agents, agencies or instrumentalities may incur as a result of any and all claims,
demands,suits,causes of action or proceedings of any kind or nature arising out of,relating
to or resulting from the performance of this Contract by the City's officers, employees,
agents, servants, partners,principals or subcontractors. The City shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of SFWIB, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon.The City expressly understands and agrees that any insurance policies required by
this Contract or otherwise provided by the City shall in no way limit the responsibility to
Page 3 of 6
indemnify,keep and save harmless and defend SFWIB and its officers,employees,agents,
servants,agencies and instrumentalities as herein provided.
B. Term of Indemnification. The provisions of this indemnification shall survive the
expiration of this Memorandum of Understanding and shall terminate upon the expiration
of the applicable statute of limitation.
VIII. TERMINATION
This MOU may be terminated without cause by either party hereto upon providing thirty(30)days prior
written notice to the other party.
IX. NOTICE
It is understood and agreed between the parties that written notice shall be mailed or delivered to the
addresses set forth below and shall constitute sufficient written notice. The parties designate the
following:
For South Florida Workforce Investment Board:
Rick Beasley,Executive Director
South Florida Workforce Investment Board
Airport Corporate Center
7300 Corporate Center Drive,Suite 500
Miami,Florida 33126-1234
For City of Opa-Locka:
Myra Taylor,MayorKelvin L.Baker,Sr.,City Manager
City of Opa-Locka
780 Fisherman Street,411'Floor -- l Formatted:Superscript
Opa-Locka,Florida 33054
X. AMENDMENTS
Any alterations,amendments,variations,modifications,extensions or waivers of provisions of this MOU
shall only be valid when they have been reduced to writing, duly approved and signed by both parties
hereto.
XI. AUTONOMY
SFWIB and The City agree that this MOU does not create or recognize any partnership,joint venture,or
any other kind of organizational relationship other than herein set forth between the parties hereto.Both
parties hereto acknowledge the independence and autonomy of both parties hereto. The affiliation set
forth herein is required by federal law and both parties hereto remain, at all times, independent
contractors,and not partners,under state law.It is expressly understood,agreed and intended that the City
is not a grant recipient of any funds from the SFWIB and is not a partner,joint venture participant,agency
or instrumentality of any kind of the SFWIB. Furthermore, the City's officers, agents, servants,
employees,contractors and sub-contractors are not officers,agents,servants or employees of the SFWIB
or any of SFWIB's agencies or instrumentalities.
XII. PRIOR AGREEMENTS
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This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements,and understandings applicable to the matters contained herein and the parties agree that there
are no commitments,agreements or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly,the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements,whether oral or written.
XIII. GRIEVANCE PROCEDURES
The City agrees to comply with all applicable grievance procedures of the SFWIB and as required by
State and federal law.
XIV. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW(ACORN)
FUNDING RESTRICTIONS ASSURANCE
As a condition of the Contract, the City assures that it will comply fully with the federal funding
restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010,
Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriation Act, 2011, Section 101 and
103 (Pub.L. 111-242),provides that appropriations made under Pub.L. 111-117 are available under the
conditions provided by Pub.L. 111-117 and the federal funding restrictions of covered organizations as
defined in the Defund ACORN Act(H.R.3571). Note:As of June 20,2011 this matter is in litigation in
the district court for the Eastern District of New York.
The City shall require that language of this assurance be included in the documents for all subcontracts at
all tiers(including subcontracts,sub-grants and contracts under grants,loans and cooperative agreements)
and that all subrecipients and contractors shall provide this assurance accordingly.
XV. DISCRIMINATORY VENDORS LISTS
The City shall disclose to SFWIB if the City appears on the discriminatory vendor list. An entity or
affiliate placed on the discriminatory vendor list pursuant to section 287.134,F.S.may not:
1. Submit a bid on a contract to provide any goods or services to a public entity;
2. Submit a bid on a contact with a public entity for the construction or repair of a public
building or public work;
3. Submit bids on leases of real property to a public entity;or
4. Be awarded or perform as a contractor, supplier, sub-contractor, or consultant under a
contract with any public entity;or transact business with any public entity.
XVI. CERTIFICATION
By signing this Agreement,both parties hereto agree that the provisions contained herein are subject to all
applicable,Federal, State and local laws,regulations and guidelines relating to nondiscrimination, equal
opportunity, displacement, privacy rights of participants, and maintenance of records and other
confidential information relating to participants.
INTENTIONALLY LEFT BLANK
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IN WITNESS HEREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW
THE SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES
HERETO WHO ARE FULLY AND DULY AUTHORIZED TO EXECUTE THIS AGREEMENT
ON BEHALF OF THE RESPECTIVE PARTIES HERETO:
AGREEMENT NUMBER: MOU-PY'12-12-00
CITY OF OPA-LOCKA.:
BY:
Kelvin L.Baker,Sr Myra Taylor Date
City Manager isolayeE
City of Opa-Locka
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
BY:
Rick Beasley Date
Executive Director
South Florida Workforce Investment Board
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Exhibit A
PY' 2012-13
SCOPE OF WORK
I. The collaboration between South Florida Workforce Investment Board("SFWIB")and the City
of Opa-lbocka ("City") is to create a partnership whereby a customized website will be designed
and maintained for the delivery of specialized recruitment and referral services for City of Opa-
LockaOpa-locka("City")Projects.
II. Roles and Responsibilities:
A. SFWIB shall:
• Assign a point of contact to serve as liaison between SFWIB and the City.
• Act as the designated Workforce Development Organization ("WDO") and Workforce
Recruitment/Referral Organization ("WRO") to accomplish the City's First Source
ordinance objective of establishing a pool of qualified skilled and unskilled labor to meet
industry demands within the Opa LockaOpa-locka city limits.
• Provide a link from SFWIB's webpage to a customized application (web portal) for the
City's projects and First Source Ordinance. Employment candidate resumes will be
obtained through the web portal and submitted to companies doing business with the City
of Opa LockaOpa-locka.
• Provide the City with real-time online access to the City's business, contractors and
subcontractors web portal status reports.
• Market the newly created partnership and promote job creation efforts that result from the
partnership as defined by SFWIB and the City.
• Provide the businesses contracted with the City with resumes of qualified candidates
obtained through the web portal.
• Seek to ensure that SFWIB's Career Centers:
o Determine and complete candidate eligibility;
o Assess job seekers to determine level of skills and training;
o Determine whether candidates meet the requirements of the City's contractors
and subcontractors prior to referral;
o Refer qualified candidates that have requisite skills required by the City's
contractors and subcontractors.
• Provide outreach to the Opa-1Locka job seeker community for the City of Opa-1Locka
projects and an information session utilizing various recruitment methods.
• Seek to ensure that SFWIB's Career Centers recruit qualified City of Opa-lLocka
residents as a first priority and:
a. Utilize existing database of job seekers.
b. Market new job opportunities to City of Opa LockaOpa-locka residents.
c. Utilize Career Centers closest to the job seekers to register and recruit qualified
residents interested in jobs to create a pool of candidates for City projects.
Page 1 of 3
A
Exhibit A
• Provide recruitment and training assistance, through SFWIB's Career Centers, to the
businesses,contractors and subcontractors in the City of Opa LockaOpa-locka.
• Make available hiring incentives to contractors and subcontractors. SFWIB and SFWIB's
Career Centers will facilitate and guide businesses in the completion of applications,
agreements, and forms.
• Prepare and provide to the City of Opa-locka a written monthly report to the attention of
the City Manager with copy to City's point of contact detailed reports with the results of
the workforce participation on City of Opa-locka projects. Reports shall include, but are
not limited to an analysis of the effectiveness of the project during each reporting period.
•
B. City shall:
• Designate SFWIB as the Workforce Development Organization ("WDO") and
Workforce Recruitment/Referral Organization ("WRO") to accomplish the First Source
ordinance objective of establishing a pool of qualified skilled and unskilled labor to meet
industry demands within the Opa LockaOpa-locka city limits.
• Provide a detailed outline and content for the development of the web portal.
• Work with SFWIB's point of contact to facilitate the web portal, marketing materials and
events related to the City projects as needed.
• Market the newly created partnership and promote job creation efforts that result from the
partnership as defined by SFWIB and the City.
• Make the City's Human Resources department and other management staff available for
all interviews that take place under this agreement, as needed.
• Provide a date, time, and location to launch the City's project recruitment kickoff
information session. The web portal address and Career Center locations will be
disseminated at that time. The information session will detail how to apply for jobs with
the City's contractors and subcontractors.
• Provide a detailed list of job openings with descriptions related to the City of Opa-
LockaOpa-locka projects via the customized web portal. The job request form shall
include specifics such as (a) the number of individuals to be hired, (b) position titles
needed, (c) skills needed for the job, and(d)any other pertinent information required.
• Review all resumes of candidates provided by SFWIB for job opportunities posted via
the web portal.
• Refer prospective business owners who are interested in opening or have opened a
business in the City of Opa LockaOpa-locka with information about the SFWIB. Assist
in facilitating meetings with said businesses.
• Provide information to SFWIB for prospective business owners who are interested in
opening or have opened a business in the City of Opa LockaOpa-locka, which should
include at a minimum:
➢ Company Name and Address
➢ Company Contact
➢ Company Contact Information
Page 2 of 3
Exhibit A
• Provide SFWIB with the City's contractor and subcontractor details,which should
include at a minimum:
> Company Name and Address
> Company Contact
> Contract Information
> Award Amount
• Provide SFWIB with the City of Opa LockaOpa-locka target area zip codes for the City's
projects.
• Prepare and provide to the City of Opa LockaOpa-locka detailed reports with the results
of the workforce participation on City of Opa LockaOpa-locka projects. Reports shall
include, but are not limited to an analysis of the effectiveness of the project during each
reporting period.
INTENTIONALLY LEFT BLANK
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1 Reading: February 13,2013
2nd 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.
al 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 purch4se 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 f5)day period following
notification to the Referral Agency of employment availability.
Q 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.
al 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
1 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
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.
(1 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.
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.
al 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..
1. Suspension of contract until Contractor performs obligations,if
appropriate.
2. Default and/or termination.
3. Payment of$1,500per 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. ,------%
(11-611 AYLOR
MAYOR
• ttest to:
lie A:ki t (43'v—,
0.anna Flores
' ity Clerk
Ap. ovedast, fo N an, 1- 1 ,, -ncy:
1r
I I
Jaff e 1
L 1
Jo...7,7 eller
c', ENS'OON MARDER PA
t 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
Sponsored by:City Manager
RESOLUTION NO. 13-8560
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT WITH MITCHELL'S LAWN MAINTENANCE
FOR MAINTENANCE OF CITYWIDE ALLEYS, IN AN
AMOUNT NOT TO EXCEED $29,322.00, AND NEGOTIATE
AND EXECUTE A CONTRACT WITH MY LAWN SERVICES,
INC., FOR MAINTENANCE SERVICES OF NW 22ND
AVENUE AND NW 27TH AVENUE , IN AN AMOUNT NOT
TO EXCEED $22,680.00, PAYABLE FROM ACCOUNT
NUMBERS 41-541340 AND 63-533340; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Resolution No. 12-8476, Request for Proposals was
issued for the maintenance of citywide alley services, and NW 27th Avenue and NW
22nd Avenue maintenance services; and
WHEREAS, based on the response and evaluation from six (6) vendors, the
evaluation committee met and reviewed the bid results and decided that field evaluation
was warranted; and
WHEREAS, based on the bid results and field evaluation, the evaluation
committee recommended Mitchell's Lawn Maintenance for citywide alleys maintenance,
and My Lawn Service, Inc., for NW 22nd Avenue and NW 27th Avenue landscape
maintenance services; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
execution of contracts with Mitchell's Lawn Maintenance, in an amount not to exceed
$29,322.00; and My Lawn Service, Inc., in an amount not to exceed$22,680.00.
Resolution No. 13-8560
NOW, THEREFORE, BE IT DULY 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 to negotiate and execute an agreement with contracts with Mitchell's
Lawn Maintenance, in an amount not to exceed $29,322.00; and My Lawn Service, Inc.,
in an amount not to exceed $22,680.00, payable from Account Numbers 41-541340 and
63-533340, in a form acceptable to the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
this 13th day of March, 2013.
MOTION FAILED
.41
it • • T• /LOR
MAYOR
Attest to:
Ai_ i'& IL
J�4. a Flores
ty Clerk
• 'roved as o f• , and legal ciency:
1 , /,
J s I; • Geller
s °EEN.POON MARDER PA
ty Attorney
Moved by: COMMISSIONER JO NSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Miller: NO
Commissioner Tydus: NO
Vice-Mayor Johnson: NO
Mayor Taylor: YES
2
Sponsored by: Vice Mayor Kelley
Resolution No. 12-8497
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCKA,FLORIDA TO DIRECT THE CITY
MANAGER TO IMPLEMENT A SIDEWALK
INSTALLATION AND REPAIR PROGRAM, WHICH
WOULD INCLUDE HIRING RESIDENTS OF THE CITY OF
OPA-LOCKA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
implement a program to improve, install and repair the City's sidewalks; and
WHEREAS, the implementation of the program will include the hiring of residents from
Opa-locka to assist in installing and repairing the sidewalks; and
WHEREAS, the City Commission of the City of Opa-locka,directs the City Manager to
implement a program to install and repair the City sidewalks,which would include hiring qualified
residents of the City of Opa-locka to make the necessary installations and repairs,when possible.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby directs and authorizes the
City Manager to implement a program to install and repair City sidewalks, which includes hiring
qualified residents of the City of Opa-locka to make the necessary installations and repairs,when
possible.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 12-8497
PASSED AND ADOPTED THIS 12th DAY OF December,2012.
44 .c
MY TAYLOR
MAYOR
test to:
'b
J I; a Flores
Clerk
Approved as to form and legal .0''iciency:
Cl I t. .
Jos-fg S. t-rler
Ci Atto
Moved by: Commissioner J. son
Seconded by: Vice Mayor Kelley
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
Sponsored by: Vice Mayor Kelley
RESOLUTION NO. 13-8550
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE
CITY MANAGER TO IMPLEMENT A PILOT JOBS
INITIATIVE PROGRAM HIRING CITY RESIDENTS TO
WASH CITY VEHICLES; PROVIDING FOR RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires to assist the residents
of Opa-locka by authorizing the City Manager to implement a pilot jobs initiative program; and
WHEREAS, the intent of the program will be to create a car wash service for City
owned vehicles, and hire residents of Opa-locka to perform the service.
NOW, THEREFORE, BE IT DULY 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 directs and
authorizes the City Manager to implement a Pilot Jobs Initiative Program to hire City Residents
to wash City owned vehicles, which shall be in compliance with all applicable Federal, state, and
local laws with the final proposal to be presented to the City Commission on March 13, 2013 for
approval prior to implementation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27th day February, 0
RAT LOR
MAYOR
Resolution No. 13-8550
ttest to:
4Ø4L1.
J anna Flores
ty Clerk
Approved as to form and legal suf ci- y:
�l
J •p S, el l er
EEN'.POON MARDER PA
ty Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: YES
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES