Miami-Dade Legislative Item
File Number: 112410
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File Number: 112410 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM Introduced: 11/14/2011
Requester: NONE Cost: Final Action:
Agenda Date: 5/1/2012 Agenda Item Number: 7C
Notes: SEE 121389 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTION 2-2092 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 112091]
Indexes: JOB OPPORTUNITIES
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/1/2012 7C Amended
REPORT: See Agenda Item 7C Amended; Legislative File No. 121389 for the amended version.

Board of County Commissioners 4/13/2012 Application signed by required number of commissioners for renewal 5/1/2012

Board of County Commissioners 12/6/2011 7E Motion to adopt resulted in tie vote
REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Sosa noted she supported maintaining a listing of individuals seeking employment; however, her concern was the companies contracting with the County would be required to employ people from this list or be subject to penalties or suspension. Assistant County Attorney David Stephen Hope explained that this ordinance required the South Florida Workforce Investment Board (SFWIB) to compile and maintain a list of qualified candidates for a three to five-day period and pursuant to this ordinance, contractors seeking to hire employees must check the resumes of candidates from this list before hiring from outside. He proceeded to read, into the record, language contained on handwritten page 7, Section 1, which defines the role of the Referral Agency and the “good faith” effort contractors must demonstrate in terms of hiring candidates from the first source registry. Commissioner Sosa expressed concern that this proposal required the contractor to wait a certain number of days before making a hiring decision. She said she supported free enterprise and private entities’ ability to make independent decisions. Companies contracting with the County should be able to hire whoever they chose, the commissioner noted. She said although the list would assist businesses’ looking to hire workers, she did not want to mandate private companies’ hiring practices. This proposal would otherwise assist many people in the community and provide companies an easy way to recruit candidates for jobs, Commissioner Sosa noted. She inquired as to the length of the process. Commissioner Jordan explained that the entire process would take five days. She noted the contractor would receive the names of job applicants from the SFWIB within 24 hours after he/she was informed of the contract award; and would conduct interviews within 72 hours. Commissioner Jordan said the purpose of the First Source Hiring Referral (FSHR) Program was to ensure that all contractors, whether located within or outside the County, gave local residents the first opportunity for employment through the SFWIB. Commissioner Sosa noted she supported local preference; however, she was concerned that the list may not include all unemployed people within the County and may restrict a company from hiring who they wanted to hire and when.. She said that companies should not be mandated to adhere to specific hiring practices. Commissioner Jordan clarified that as proposed, this ordinance provided that local residents be considered for employment opportunities; and that it did not make it mandatory. Commissioner Sosa read the following language, which she noted was contained in handwritten page 7, Paragraph 2, line 7, and questioned whether the intent was that contractors could not hire anyone until they completed this process: “However, Contractors shall not commit to fill vacancies in any other manner until after the end of the Referral Period…” Assistant County Attorney Hope explained that the intent of this language was to require that contractors make a “good faith” effort to go through the Referral process and waiting period. Commissioner Sosa noted she understood that a company must review the list of candidates and their qualifications as well as conduct an interview before hiring from outside the local community. However, a company was prohibited from hiring any qualified candidates until they followed the process contained within this ordinance, she noted. Assistant County Attorney Hope reiterated that a company doing business with the County must go through the Referral process, review resumes and qualifications, and not hire from outside the local community until after the three to five-day period ended, if available candidates had provided the SFWIB resumes. Chairman Martinez noted the word “shall” made it mandatory; the SFWIB was the only regional board; and this process would make it more difficult to conduct business with the County. He said this proposal would give preference to County residents who applied through the SFWIB over those who did not apply through SFWIB, thus creating two tiers of candidates. Chairman Martinez expressed concern that this ordinance may be in violation of federal law, which allowed companies to refuse hiring individuals who were currently unemployed, and asked the County Attorney to look into this issue. Commissioner Monestime pointed out that this ordinance pertained to companies doing business with the County, and that these businesses were currently allowed to hire employees from outside the local community. He said he supported free enterprise and therefore, would not want to mandate who a company hired or not. Commissioner Monestime noted this proposal would reduce the County’s unemployment rate by providing employers with access to experienced individuals who were once part of the work force and were now seeking employment. Employers would be provided access to a pool of unemployed candidates and would not be mandated to hire anyone from the pool; however, this proposed ordinance suggested that companies fill 50 percent of its unfilled positions by employing these qualified candidates. Commissioner Moss pointed out that the SFWIB was the regional board charged with reducing unemployment in the community, and this proposal would allow qualified County residents to be considered for employment. He said he supported the First Source Hiring Referral Program since it established a process for businesses contracting with the County to seriously consider local residents for job openings. Commissioner Bovo inquired whether this proposed ordinance related only to County contracts. Commissioner Jordan responded by noting the provisions of this ordinance applied only to businesses with County contracts. She clarified that the intent was that County residents be considered first by these companies; but they could hire local residents not included on the list if they chose to. Commissioner Bovo noted he was concerned that the language contained on handwritten page 7, Paragraph 1, line 11 of this ordinance, providing that companies review resumes and qualifications of the candidates and to make a “good faith” effort to fill a minimum of 50 percent of its employment needs from the First Source Register would place a burden on the contractor and the County. In addition, the language contained on handwritten page 8, Section 3, establishing specific guidelines as to how compliance should be evaluated may give individuals seeking employment false hope because contractors could simply go through the motions without any real intent to comply, the commissioner noted. He pointed out that many Americans were one paycheck from being homeless, and he could not support imposing additional rules or regulations on contractors that may prevent them from seeking to do business with the County. He questioned how the County would measure “good faith” effort. Rick Beasley, Executive Director, SFWIB, explained that the Board handled referral processes for all employers doing business with Miami-Dade and Monroe counties; and that the SFWIB merely implemented a referral process that connected employers with job seekers and did not force employers to hire a particular job candidate, but rather to review the list of qualified candidates. Commissioner Bovo inquired, and Mr. Beasley confirmed that the SFWIB currently referred individuals to potential employers. Commissioner Bovo inquired whether an auditing process was in place to evaluate the hiring practices of local employers. Mr. Beasley explained that the SFWIB conducted a follow-up process through the employer, the job seeker, and reviewed the wage credit data submitted by the employer to the State to determine whether individuals’ were employed. Chairman Martinez pointed out that the language contained within page 8, Paragraph 3, 1ast sentence, stated that the County’s decision on contractor compliance was final and binding. He noted he understood that contractors doing business with the County must first consider local applicants who applied through the SFWIB, before considering other local applicants who did not apply through the SFWIB process. He questioned the County Attorney whether this policy created two tiers of candidates. Assistant County Attorney Hope responded by noting multiple tiers would be inapplicable since applicants could find out about a job through alternate sources and at different times. As proposed, the County would not impact an employer’s hiring decision, but simply provide a pool of qualified candidates through the SFWIB, Mr. Hope noted. He said this ordinance required that the contractor evaluate resumes of qualified applicants gathered by the SFWIB, and conduct interviews over a specified time period (three to five days). Mr. Hope reiterated that this ordinance did not require that contractors hire through the Referral Agency or hire any specific job applicant, and noted the County had the authority to make final and binding decisions on matters impacting County contracts and the expenditure of funds. Chairman Martinez maintained that the County would still determine whether the company adhered to the established process; and would be differentiating between local residents who did or did not apply through the SFWIB. Pursuant to Commissioner Suarez’ request for clarification, Assistant County Attorney Hope clarified that pursuant to this ordinance, job applicants must be considered from the available pool of candidates for a specific period of time before candidates outside the pool could be considered. Commissioner Bell noted the intent of this ordinance was both clear and noble; however, she believed that the process was problematic and could have unintended consequences. She questioned who would make the determination as to whether the contractor filled its vacancies with suitable candidates or filled a minimum of 50 percent of its employment needs from the First Source Register before using other sources. She also questioned the fiscal impact of this ordinance on the County, considering the added layers of monitoring, compliance, and reporting requirements contained in paragraphs 2, 3, and A on handwritten pages 7 and 8. Commissioner Heyman inquired about the source of SFWIB’s operational funding. Mr. Beasley responded by noting that the SFWIB was entirely funded by federal funding received through the U.S. Department of Economic Opportunity. He specified that federal allocations made to SFWIB were based on the State unemployment rates and other areas of substantial unemployment within the census tracts. Commissioner Heyman noted she thought this proposed ordinance would establish a pool of available job applicants; however, she was concerned that individuals’ aware of this program would have an advantage. Although she did not mind layers of government provided it served a purpose, she questioned whether this process was even necessary to provide local residents with employment, the commissioner noted. Mr. Beasley clarified that the intent of this legislation was to assist local residents to find jobs with contractors doing business with the County before these contractor hired from outside. He said the SFWIB regularly filled job vacancies for businesses and made referrals within 24 hours, and he did not believe this legislation added to bureaucracy. Commissioner Heyman noted her concern was not with the employer, but that this proposal could potentially give the unemployed throughout the County who were aware of the SFWIB registration process an advantage over the unemployed who were unaware of it. Mr. Beasley responded that this proposal would give preference to County residents by allowing them to receive the first opportunity for employment with contractors doing business with the County. Mr. Beasley said that SFWIB had over 224,000 registered individuals seeking employment. Commissioner Heyman questioned the rationale behind creating an extra level of government, since the SFWIB currently served both employers and employees and did not receive county funding. Chairman Martinez asked Mr. Beasley whether the SFWIB received federal funding through a block grant or was funded based on the number of people served. Mr. Beasley clarified that the SFWIB’s funding allocation was based on the unemployment rate and areas of substantial unemployment, and not by the number of people it served. He noted its budget for the current year was approximately $75 million. Commissioner Heyman questioned whether the argument in favor of this program was compelling, since the Local Preference and Small Business Enterprise Ordinances would provide County residents with the first opportunity for jobs if the SFWIB did not exist. Chairman Martinez noted his argument was that this ordinance as proposed, provided local residents registered with the SFWIB the first opportunity for employment over those who were not registered with that Board. Mr. Beasley clarified that the SFWIB would conduct outreach and marketing efforts using mobile units, to ensure all local residents were aware of this process, which was streamlined, automated, and opened to the entire public. Commissioner Sosa pointed out that this Commission had no jurisdiction or decision-making authority over the SFWIB. She questioned how many One Stop Career Centers existed throughout the County and whether any of them were closed. Mr. Beasley responded that ten Career Centers exited in the County, noting only one, which was located in the City of Miami, was closed during his tenure. Commissioner Sosa mentioned that community residents throughout the County were unaware of the SFWIB; therefore, this proposal would only benefit those who were aware of it. She expressed concern about establishing a system that provided dual access to jobs, and noted she supported the FSHR Program; however, she would suggest that this ordinance include funding to market the program throughout the community, and that it be amended to exclude any language that could potentially create a burden on contractors doing business with the County. Pursuant to Vice Chairwoman Edmonson’s inquiry as to whether the SFWIB had offices in Homestead and Florida City, Mr. Beasley noted the SFWIB had an office location in Homestead, as well as 14 access points used to collaborate with community-based organizations. He clarified that the Board processed job applicants through Employ Florida (the State’s job bank) and that the State provided marketing assistance. Vice Chairwoman Edmonson noted she supported this ordinance; however, she was concerned that part of the community was not aware of the SFWIB. She pointed out that under this proposed ordinance, the contractors would be required to fill 50 percent of their available positions through the First Source Register, and would still be able to fill 50 percent of their vacancies with applicants who had not applied through FSHR. She questioned whether the SFWIB had developed marketing strategies to reach out to unemployed residents. Mr. Beasley responded that the SFWIB, in conjunction with Community-Based Organizations, advertised through radio and community newspapers. He clarified that the SFWIB was not a direct service provider, but developed partnerships with other organizations to provide services. In addition, the SFWIB had over 45 training vendors and 14 refugee program providers that could assist in outreach and marketing efforts and could work with each commissioner’s District Office staff to disseminate the information. Vice Chairwoman Edmonson noted the intent of this ordinance was to utilize public funding to help decrease the County’s high unemployment level, and this ordinance was an excellent tool to create local jobs. She suggested this ordinance could be amended later, if necessary. Chairman Martinez stated that if the intent was to help the unemployed residents of this County find work, the employment provisions set forth in this ordinance could be included in the contracts of companies doing business with the County, without the use of the SFWIB. As an alternative, Chairman Martinez suggested the County provide contractors with written notification of the County’s policy giving preference to job applicants served by the SFWIB, and require that they endorse it to acknowledge that they received it. In response to Chairman Martinez’ question as to the cost to process applicants through the SFWIB, Mr. Beasley said the process would be provided at no cost. Chairman Martinez noted another alternative would be for companies doing business with the County to refer applicants to the SFWIB since they could use SFWIB’s services at no cost. Commissioner Moss noted he concurred with Vice-Chairwoman Edmonson’s comment that contractors doing business with the County would only be required to fill 50 percent of their vacancies through this process. He asked Mr. Beasley to explain the process followed by other FSHR Programs throughout the country. Mr. Beasley pointed out that similar programs were implemented in Washington, D.C. and Atlanta, GA through their workforce boards, and workforce resources were used to assist in job training efforts, which enabled employers to recruit skilled workers or on-the-job training. He clarified that this proposed program was not unique to the local community. Commissioner Moss reiterated that he believed this proposed ordinance would help to ensure the County’s residents had first opportunity for local jobs; and that he did not believe it would create a burden on companies. If it did become burdensome, it could be revisited by this Commission later, Commissioner Moss noted. He pointed out that this proposed ordinance was supported by a diverse group of people, which was unusual for this community. Commissioner Monestime pointed out that it would not be self serving for the SFWIB to want to reduce the unemployment rate in this community because it would become smaller and receive less funding. Expounding on Commissioner Monestime’s comments, Mr. Beasley responded that the SFWIB’s role was to assist the unemployed and reduce unemployment in this community. It was unfortunate that the Federal Workforce Investment Act provided funding based upon the number of unemployed. However, by leveraging its resources and partnering with the County, People Acting for Community Together (PACT) and other community organizations, the SFWIB was instrumental in getting people back to work. Commissioner Monestime noted he shared his colleagues concern regarding the lack of community awareness about the SFWIB. He questioned whether the 10 Career Centers previously mentioned, were scattered throughout the County or largely located in areas with the highest unemployment rates. Mr. Beasley noted the ten Career Centers were located throughout Miami-Dade County and two in Monroe County: One in Key West and one in Key Largo. As previously noted, the SFWIB also provided employment services at 14 community Access Points through partnerships with Community-Based Organizations that offered free office space to provide those services. The SFWIB provided services at 14 refugee centers throughout the community, Mr. Beasley added. Commissioner Monestime inquired whether the SFWIB had data on the success of the FSHR Programs in Washington DC and Atlanta, and whether the unemployment rate was reduced in those regions as a result of these programs. Mr. Beasley advised that this information was available, but he did not have immediate access to it and would provide it to Commissioner Monestime later. He mentioned that according to a conversation he had with Mr. Gregory Irish, Board Director, Department of Employment Services, Washington DC, the program initiated in Washington was successful and helped residents in the heart of the DC metro area to find jobs. Commissioner Monestime noted most of the companies awarded contracts were based outside the County, and hired employees from outside the County. He indicated that he supported this ordinance since it would help keep jobs within this community. Commissioner Jordan noted SFWIB was a funding source, and although the community may not be aware of it, they were aware of its service providers who received funding from the SFWIB. She asked Mr. Beasley to clarify this process. Mr. Beasley explained that the SFWIB was both a policy board and a funding entity that did not operate the career centers or provide direct services. He noted the SFWIB contracted with providers such as Youth Co-Op, Inc., SER Jobs for Progress, UNIDAD of Miami Beach, Inc., ARBOR E&T, LLC, the Community Coalition and Lutheran Services Florida, Inc. to provide employment services. Commissioner Jordan clarified that local residents received direct services through a variety of community-based providers and the SFWIB was both the policy board and the funding stream for those services. She also clarified the relationship between the County and the SFWIB, noting the SFWIB’s employees were County employees and although autonomous, its Board was appointed by the County Mayor. Commissioner Jordan said she recalled many instances when certain commissioners emphasized the importance for this Commission to promote employment of local residents and to require contractors doing business with the County to hire from within this community on many occasions. The issues with outside contracts had manifested in the Marlins Baseball Stadium and Port Tunnel projects, she added. She noted the PACT Committee performed research on other communities with similar ordinances, and worked with her to draft this proposed ordinance with the involvement of all affected parties who all made concessions because they believed it would be a tremendous benefit to the community. She emphasized that the provisions of this ordinance did not contain anything that prohibited the employer from hiring anyone they chose to hire. Commissioner Jordan added that the SFWIB was selected because it already worked with a network of providers in the community, and she wanted to ensure that at least 50 percent of the workforce hired by contractors doing business with the County were taxpayers that would reap the benefits of contracts paid with taxpayer dollars. She pointed out that the Unions Representatives were not present today because they agreed with this proposal and considered it good for the community. In conclusion, Commissioner Jordan noted the proposed ordinance did not dictate who a contractor must hire, but only required that they review the applicants on the FSHR list. Upon conclusion of the discussion, a motion to adopt the foregoing proposed ordinance as presented was moved by Commissioner Jordan, seconded by Commissioner Monestime, and resulted in a 6-6 tie vote as follows: Commissioners Jordan, Monestime, Edmonson, Barreiro, Suarez and Moss voted "Yes"; Commissioners Heyman, Sosa, Bell, Souto, Bovo and Chairman Martinez voted "No"; and Commissioner Diaz was absent. Commissioner Jordan indicated for the benefit of the PACT Committee that the foregoing motion failed due to a tie vote.

County Attorney 11/14/2011 Assigned David S. Hope

Economic Development & Social Services Committee 11/9/2011 1F2 AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: The Committee considered Agenda Item 1F2 and 1F2 Supplement out of order as requested by Chairwoman Sosa. Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance and its supplement into the record. Chairwoman Sosa opened the public hearing and called for persons wishing to be heard. The following individuals appeared: 1) Rev. Guillermo Marquez Stirling, 3010 DeSoto Blvd., Coral Gables, representing the People Acting for Community Together (PACT), appeared in support; 2) Ms. Virginia Cronk, 325 S. Biscayne Blvd., Miami, representing PACT, appeared in support; 3) Rev. Ted Wilde, 75 N.W. 209th Street, Miami Gardens, representing PACT, appeared in support; 4) Mr. Alan Eichenbaum, 10059 N.W. 1st Court, Plantation, representing the South Florida Building and Construction Trades Council, appeared and expressed support; however, he requested that contractors who agreed to hire 60 percent of workforce from this County be exempt from compliance with this ordinance; 5) Mr. Carlos Carrillo, 9755 N.W. 12th Street, Doral, representing Associated Builders & Contractors, appeared in opposition and listed the following concerns: additional paperwork and extensive process; subjective language in the ordinance; and potential for discrimination in the hiring process; and 6) Ms. Eileen Mehta, attorney with Bilzen Sumberg, representing Goodwill Industries of South Florida, appeared and requested clarification regarding an exemption for not-for-profit organizations that provided employment for the blind and severely disabled through a program under Chapter 413 of the Florida State Statutes. Seeing no other persons wishing to be heard, Chairwoman Sosa closed the public hearing. She recognized Commissioner Jordan as the Prime Sponsor of the foregoing ordinance. Commissioner Jordan greeted Committee members and expressed her appreciation to the members of PACT for their persistence, conducting research, and having dedication and commitment to this effort. She explained the intent of this ordinance was to ensure that the people of Miami-Dade would be the ones hired to work when County contracts were awarded. She noted this was not the case during the construction of the Marlins Stadium and was not always the case with many other County contracts. Commissioner Jordan emphasized that the First Source Hiring Referral Program ordinance did not dictate who companies could hire. She explained that the South Florida Workforce agency would identify qualified individuals and, within 24 hours, would provide contractors with a list of candidates for interviewing and possible hiring. Commissioner Jordan stressed that it was not mandatory for the contractors to hire anyone from these lists. Regarding Mr. Eichenbaum’s request for an exemption for contractors who agreed to hire 60 percent of their workforce from the County, Commissioner Jordan stated that a relationship was established between South Florida Workforce and the unions that do business with the County. She continued she would support language for that exemption being added to this ordinance as an amendment; however, she spoke in opposition to making that provision mandatory. In response to Ms. Mehta’s comment regarding the exemption for blind and disabled individuals, Commissioner Jordan stated she agreed to this request and noted that exception would be added. She acknowledged that it would not be feasible to apply the provisions of the First Source Hiring Referral Program to every contract issued by the County, and noted the ordinance requested the County Administration to submit for the Board’s approval recommendations for the Implementing Order identifying minimum thresholds, including funding, the number of new employees required to perform the contractive duties, and procedures for review and compliance. It was moved by Commissioner Moss that the foregoing proposed ordinance be forwarded to the County Commission with a favorable recommendation with Committee amendments. This motion was seconded by Commissioner Monestime, followed by discussion. In response to Chairwoman Sosa’s inquiry pertaining to costs associated with the implementation of this program, Deputy Mayor Russell Benford advised that the Office of Management and Budget’s review found no fiscal impact. Commissioner Jordan stated, in response to Chairwoman Sosa’s question of whether this program would place restrictions on contractors currently working with the County, that implementation of this ordinance would not be retroactive. Assistant County Attorney David Hope advised that this ordinance would have no impact on the living wage ordinance. Commissioners Moss and Monestime commended Commissioner Jordan for bring this ordinance forward and PACT for coming together in support of this legislation. Mr. Eichenbaum requested clarification on whether the proposed exemption for contractors that agreed to hire 60 percent employees for Miami-Dade County. Assistant County Attorney Hope advised that the goal of the First Source Hiring Referral Program was to have good faith efforts of 50 percent. He stated that companies that hired 60 percent local employees had exceeded that goal and eliminated the need for an exemption. Chairwoman Sosa informed Mr. Eichenbaum, and other interested parties, that they could meet with Commissioner Jordan to discuss any concerns with this issue prior to this ordinance coming before the full Board. Mr. Eichenbaum explained that the contractors wished to avoid having employees go through extra steps to meet the goals of this ordinance. There being no further questions or comments, the Committee proceeded to vote. The Committee forwarded the foregoing proposed ordinance to the County Commission with a favorable recommendation with Committee amendments to insert the following language at the end of paragraph A in Section (4) on handwritten page 6: “…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 to 413.037 Florida Statutes 2011.”

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTION 2-2092 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING FIRST SOURCE HIRING REFERRAL PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the average unemployment rate in Miami-Dade County (the ‘County”) currently exceeds 12.5% and is higher than the averages for the State of Florida and the United States; and
WHEREAS, unemployment and underemployment can contribute to significant social and economic burdens on our community, including increased foreclosure rates, crime, and need for costly social services; and
WHEREAS, the County awards millions of dollars in contracts for goods and services each year, which results in the creation of a wide 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 in other areas; and
WHEREAS, the federal Workforce Investment Act of 1998 (“WIA”) created comprehensive reform legislation to affect federal job training programs, and to create a complete workforce investment system; and
WHEREAS, the Florida Legislature enacted the Workforce Innovation Act of 2000, which implements the WIA and created Workforce Florida, Inc. and the Workforce Florida Board; and
WHEREAS, there are currently twenty-four (24) local areas or regions in Florida, and within each region WIA provides for the creation of a local workforce investment board; and
WHEREAS, the South Florida Workforce Investment Board (“SFWIB”) is the regional workforce board for Miami-Dade County and Monroe County; and
WHEREAS, SFWIB assists employers and prospective employees with employment services, labor market information, and provides necessary training for the economically disadvantaged, dislocated workers, individuals transitioning from welfare to work, and refugees; and
WHEREAS, SFWIB, based on its mandate and experience assisting employers and employees navigate the South Florida job market, is the appropriate vehicle to serve as a first source job registry and referral program for employment created from or through a County Contract,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-2092 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 2-2092. First Source Hiring Referral Program

(1) Title. This section shall be referred to as the Miami-Dade County 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 this Board of County Commissioners (the “Board”) to give effect to the provisions of this Section.

B. “County 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 County Contract.

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 County Contracts. The following requirements shall be included in all County Contracts, except those covered 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)<<2 >>:

1. The Contractor, prior to hiring to fill each vacancy arising under a County 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 County, to fill a minimum of fifty percent (50%) of its employment needs under the County 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 County 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 County Contracts. The County’s determination as to whether a Contractor has made such good faith efforts is final and binding.

4. All competitive solicitations for County Contracts, except those covered under CWP, shall set forth the requirements of this Section.

(5) Monitoring and Compliance.

A. County 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 County 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 County, 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 Board for approval, the Implementing Order which shall at a minimum:

1. Indicate that all County 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 County 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 County Contracts, and all other County 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.

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 Board which shall include: (a) the dollar amount of each County Contract utilizing the First Source Hiring Referral Program; and (b) an analysis of the effectiveness of the program during each quarterly reporting period.

(7) Sanctions for Violations.

A. Each County 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 $1,500 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 County, in its sole discretion, may immediately terminate the subject County Contract.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. The Mayor or Mayor’s designee is hereby directed to prepare and submit the implementing order to this Board for approval, not later than ninety (90) days following the effective date of this ordinance.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underscored and/or >>double arrowed<< constitute the amendment proposed.



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