Legislative Matter

Miami-Dade Legislative Item
File Number: 131321

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Clerk's Official Copy

File Number: 131321

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 13-66

Control: Board of County Commissioners

File Name: COMMUNITY WORKFORCE PROGRAM

Introduced: 6/25/2013

Requester: NONE

Cost:

Final Action: 7/2/2013

Agenda Date: 7/2/2013

Agenda Item Number: 7D

Notes:

Title:

ORDINANCE RELATING TO COMMUNITY WORKFORCE PROGRAM AMENDING SECTION 2-1701 OF THE CODE OF MIAMI-DADE COUNTY TO REQUIRE CONTRACTORS, EXCEPT THOSE WORKING ON AIRPORT AND SEAPORT CAPITAL CONSTRUCTION CONTRACTS, TO FIRST HIRE FROM THE DESIGNATED TARGET AREA WHERE THE PUBLIC IMPROVEMENT PROJECT IS LOCATED, AND TO MAKE THE SUBMISSION AND ACCEPTANCE OF A WORKFORCE PLAN A PREREQUISITE TO THE COUNTY ENTERING INTO THE CONTRACT, DELETING REFERENCES TO ''THE COUNTY MANAGER'' AND REPLACING WITH ''THE MAYOR OR THE MAYOR’S DESIGNEE,'' OR ''THE BOARD'' WHERE APPROPRIATE, AND DELETING REFERENCE TO ''ADMINISTRATIVE ORDER'' AND REPLACING WITH ''IMPLEMENTING ORDER,'' PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 130936]

Indexes:

COMMUNITY WORKFORCE PROGRAM

Sponsors:	Jean Monestime, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, 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	7/2/2013	7D	Adopted				P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Monestime expressed thanks to his colleagues for their support and amendment to the foregoing proposed ordinance during the Economic Development and Port Miami Committee. Commissioner Bell noted that she was not in support of the foregoing proposed ordinance noting that she had gotten opposing reactions and that this legislation could possibly quell the already struggling construction industry. Commissioner Heyman stated that she was supportive of local preference, however she expressed concern regarding what would happen if there was work in areas other than Designated Target Areas (DTA’s). She inquired whether the current employee staff would be laid off to then hire those who qualify under the new program and the percentage quota. Following Commissioner Heyman’s inquiry Commissioner Monestime asked staff to explain the intent of the foregoing proposed ordinance. Ms. Veronica Clark, Assistant to the Director, Small Business Development explained that this Community Workforce Program provides employment opportunities to citizens in the area in which the construction project was located. She explained that the program does not require a contractor to fire employees, but to hire employees in that DTA. Ms. Clark noted that if an employer needed to hire, the first 10 percent of employees should come from the surrounding DTA, however if there was no labor force in the DTA to fulfill the position they are free to hire from any other targeted area of the county. Following further explanation from staff regarding the intent of the foregoing ordinance, Commissioner Heyman noted that she was in support of this legislation. Discussion ensued Chairwoman Sosa and Commissioner Moss regarding Designated Target Areas (DTA’s) and hiring from these areas. Chairwoman Sosa noted that some areas of Miami-Dade County were not Designated Target Areas (DTA) and people within those areas needed employment as well. She expressed concern regarding the possibility of discrimination towards people that needed employment because they resided in a specific area. Chairwoman Sosa pointed out that she understood the intent of this legislation however she felt this was unfair therefore she could not support the foregoing proposed ordinance. Commissioner Moss noted that many projects were being constructed but the workforce came from other places; he stated this was unfair and there should be opportunities for people from the same community where projects were being construction. He explained this had nothing to do with discrimination or excluding others but was about providing job opportunities to people that resided within the community. Commissioner Edmonson concurred with Commissioner Moss’ comments, noting that this legislation provided opportunities to those that otherwise would not be given an opportunity to work on some of these projects. She pointed out that she has had numerous phone calls from constituents that see projects going up within their neighborhood but the workforce was comprised of people from other neighborhoods. Commissioner Edmonson noted that this was a problem that needed to be addressed and she felt the county should ensure there was equal opportunity for everyone. Commissioner Bell noted she did not want to eliminate someone that resided in a different neighborhood from having a job. Commissioner Monestime reiterated that this legislation did not require contractors to fire any one, and the item had been amended. At first, he noted, the intention was to request that 10% be hired from the community where the project was located, but that changed to request 10% be required first, if there was no one available to hire then the 10% could be hired from any other neighborhood of this County. Commissioner Monestime stated if employers had people already on the payroll this legislation allowed them to keep them. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney	6/25/2013		Assigned	Joni A. Mosely

Economic Development & Port Miami Committee	6/13/2013	1F2 Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing ordinance into the record. Chair Bell opened the public hearing, seeing no one come forward in connection with the foregoing proposed ordinance the public hearing was closed. It was moved by Commissioner Jordan that the foregoing proposed ordinance be forwarded to the Board of County Commissioners (BCC). Commissioner Zapata seconded this motion for discussion. Chair Bell noted that the foregoing proposed ordinance had been prepared and placed on today’s (6/13) agenda at the request of its Prime Sponsor, Commissioner Monestime. Commissioner Monestime explained the intent of the foregoing proposed ordinance. He noted this ordinance required contractors to hire from the Designated Target Area (DTA) where the public improvement project was located; it also required contractors to submit a Community Workforce Plan before an Notice to Proceed can be issued. He noted this would strengthen the Community Workforce Program which was created to increase job opportunities for individuals residing in economically oppressed neighborhoods. Commissioner Monestime noted that currently workers in neighborhoods where these projects are located are still being locked out of jobs. He expressed his concern, noting that contractors were hiring individuals that resided in DTA communities’ miles away, and he was certain that this was not unique to his district. Commissioner Monestime pointed out that the unemployment rate within his district was officially more than 19 percent and this presented a problem because individuals/residents had contacted him asking why they were overlooked when they were qualified to work on the construction projects within their DTA. He pointed out another problem was contractors were not submitting their Community Workforce Plan in a timely manner; contractors were supposed to submit those plans within 15 days of being awarded the contract or they can submit the plan to Small Business Development (SBD) before 25 percent of the project is complete. Commissioner Monestime urged Committee members to support the foregoing proposed ordinance and noted that he was offering the following amendment: to hire in the immediate designated area first, then go into other designated areas outside of the district. Commissioner Zapata noted his hesitation regarding this ordinance due to the possiblility of unintended consequences. Discussion ensued among Commissioners Zapata, Monestime and Ms. Veronica Clark, Assistant Director, Regulatory & Economic Resources Department Small Business Development (SBD) Division regarding the process of contractors hiring from the DTA’s and outside of the DTA’s. Commissioner Monestime indicated that he welcomed any recommendations to strengthen the reporting requirement. Commissioner Jordan inquired whether the proposed changes suggested by Commissioner Monestime would now require that the Workforce Plan be submitted prior to the issuance of the Notice to Proceed and she inquired whether currently the contractor signed the contract before the Notice to Proceed was issued. Ms. Clark responded to Commissioner Jordan’s inquiry noting that currently the contractor did sign the contract before the Notice to Proceed was issued. Commissioner Jordan suggested an amendment to require that the contractor submit their Workforce Plan first then sign the contract. She pointed out that the Workforce Plan was a part of the contracting process then it should be submitted along with all of the required documents through the contracting process. Commissioner Monestime accepted Commissioner Jordan’s suggested amendment. Chair Bell inquired about the differences of the existing ordinance versus the foregoing proposed ordinance. Assistant County Attorney Joni Mosely explained that the difference is with the foregoing proposed ordinance is that the Notice to Proceed would not be issued until the County received the Workforce Plan and the plan was deemed acceptable; the current ordinance provides that the Notice to Proceed could be issued prior to the County receiving the Work Force Plan from contractors. She also pointed out that this was only an amendment to the current ordinance. Responding to Chair Bell’s inquiry regarding whether a person that did not reside in a particular DTA could not work in the DTA, Commissioner Monestime responded that was only for the Community Workforce Program, the 10 percent or the percentage of the unemployment rate of the area. Chair Bell expressed her concerns, noting that she was always hesitant regarding passing legislation which did not allow people to work due to them not residing in a particular district or particular targeted area. Responding to Chair Bell’s concerns Commissioner Monestime pointed out that this ordinance was currently in effect and that although the ordinance required contractors to hire from the DTA’s, contractors had found a loop-hole which they were not hiring from the DTA’s, but were hiring from any DTA. This ordinance gave employment opportunity to the ten percent of the people residing within the qualifying DTA first, then the contractors could go outside to hire from any other DTA. Chair Bell noted that she was in support of the foregoing proposed ordinance and anticipated a robust discussion at the full Commission meeting amongst all 13 commissioners. Hearing no further questions or comments, the Committee forwarded the foregoing proposed ordinance with Committee amendments to require the contractors to hire the minimum 10% of the persons performing the construction trades and labor work under the contract be residents of the Designated Target Areas first; and to require that the Notice to Proceed would be signed along with the contract by all parties at the same time. Commissioner Jordan moved that the Committee forward the foregoing proposed ordinance with Committee amendments to require the contractors to hire the minimum 10% of the persons performing the construction trades and labor work under the contract be residents of the Designated Target Areas first; and to require that the Notice to Proceed would be signed along with the contract by all parties at the same time.

Legislative Text

TITLE
ORDINANCE RELATING TO COMMUNITY WORKFORCE PROGRAM AMENDING SECTION 2-1701 OF THE CODE OF MIAMI-DADE COUNTY TO REQUIRE CONTRACTORS, EXCEPT THOSE WORKING ON AIRPORT AND SEAPORT CAPITAL CONSTRUCTION CONTRACTS, TO FIRST HIRE FROM THE DESIGNATED TARGET AREA WHERE THE PUBLIC IMPROVEMENT PROJECT IS LOCATED, AND TO MAKE THE SUBMISSION AND ACCEPTANCE OF A WORKFORCE PLAN A PREREQUISITE TO THE COUNTY ENTERING INTO THE CONTRACT, DELETING REFERENCES TO ''THE COUNTY MANAGER'' AND REPLACING WITH ''THE MAYOR OR THE MAYOR�S DESIGNEE,'' OR ''THE BOARD'' WHERE APPROPRIATE, AND DELETING REFERENCE TO ''ADMINISTRATIVE ORDER'' AND REPLACING WITH ''IMPLEMENTING ORDER,'' PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 130936]

BODY
WHEREAS, Section 2-1701 of the Code of Miami-Dade County established the Community Workforce Program applicable to capital construction projects located in traditionally economically underserved areas; and
WHEREAS, the objective of the ordinance is to increase employment opportunities in geographic areas of Miami-Dade County designated as Empowerment and Enterprise Zones, Targeted Urban Areas, Community Development Block Grant Eligible Block Groups and Focus Areas, collectively known as ''Designated Target Areas''; and
WHEREAS, the Community Workforce Program establishes a Local Workforce Goal requiring that a percentage of the workforce performing construction trades work and labor under a Capital Construction Contract or Work Orders be residents of Designated Target Areas; and
WHEREAS, the Community Workforce Program seeks to provide employment opportunities to residents of Designated Targeted Areas where public improvement projects are located; and
WHEREAS, this Board acknowledges that, due to the regional significance of Airport and Seaport public improvement projects as sources of employment, contractors working on Airport and Seaport Capital Construction Contracts may also need to hire from Designated Targeted Area other than the Designated Targeted Area where the project is located; and
WHEREAS, it is the goal of this Board to increase participation in the program and to ensure that contractors hire from the Designated Target Area early in the construction process to provide maximum opportunities to residents; and
WHEREAS, making the submission and approval of a Workforce Plan a prerequisite to the >>County entering into the contract<<1 [[issuance of a Notice to Proceed]] will increase participation in the program and encourage early hiring from the Designated Targeted Area; and
WHEREAS, the position of County Manager was eliminated by Charter amendment in 2012,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 2-1701 the Code of Miami-Dade County is hereby amended as follows:2
(1) Definitions. For purposes of this section the following definitions shall be effective:

* * *

P. Review Committee or RC means the committee established by the [[County Manager]] >> Mayor or the Mayor�s Designee<
* * *

(2) Program Components:

A. Application: Except where state, or federal laws or regulations mandate to the contrary, the provisions of this ordinance shall require review of Capital Construction Contracts/Work Orders for public improvements located in Designated Target Areas to determine the appropriateness of applying a local workforce goal requiring that a minimum of 10% of the persons performing the construction trades and labor work under the contract be residents of Designated Target Areas as set forth in this ordinance. The provisions of this ordinance shall apply to all such Capital Construction Contracts/Work Orders entered into and issued by the County, its departments and agencies including the Public Health Trust or funded in whole or in part by County funds or with private funds on County property. The foregoing notwithstanding, the [[County Manager]] >>the Board<< may by [[Administrative Order]] >>Implementing Order<< provide that Contracts and/or Work Orders below a certain dollar amount shall not be subject to the requirements of this ordinance.
B. Establishment of local workforce goal: A local workforce goal may be applied to a Capital Construction Contract/Work Orders subject to review under this section based on the Scope of Work the relative local unemployment rate, [[and]] and an estimate of the trades and workforce necessary to perform construction trades work and labor under the contract. The RC is responsible for recommending to the [[County Manager]] >>Mayor or the Mayor�s Designee<< whether a workforce goal should be applied to a Capital Construction Contract/Work Order. The contract language for a Capital Construction Contract/Work Order to which a local workforce goal is applied shall specify that a certain percentage of the workforce performing construction trades and labor work under such contract be residents of Designated Target Areas as provided herein.
C. Workforce Plan: Bid and proposal documents for Capital Construction Contracts/Work Order to which a local workforce goal has been applied shall require the contractor, to develop and submit to the County, within fifteen (15) days of notification of award of the contract, a Workforce Plan outlining how the goal will be met and containing all of the information and elements required by this Section. The Plan shall specify the total number of persons that will be used by the contractor (as well as by all subcontractors) to perform all of the construction trades and labor work of the contract, broken down by trade and labor category, minimum qualifications for each category, and the number of persons to be utilized in each category. The Plan shall identify by name, address and trade category of all persons proposed to perform work under the contract currently on the contractor's (or on any proposed subcontractor's) payroll who reside in [[any]] [[the]] >>any<< Designated Target Area [[where the public improvement project is located]]. The Plan shall also indicate the number of positions shown on the work, trade categories and minimum qualifications therefore of the positions to be hired by the contractor (or by any proposed subcontractors) to perform the construction trades and labor work under the contract. >>The County will not<<[[issue a Notice to Proceed]]>>enter into the contract<< >>until it receives the contractor�s Workforce Plan and deems the Plan acceptable.<< [[The issuance of a Notice to Proceed does not indicate an acceptance of the Plan. The contract language of a contract subject to a local workforce goal shall provide that issuance of a Notice to Proceed prior to SBD's approval of any Plan submitted shall not be deemed a waiver of the requirements that a Plan be submitted and be approved. The contract language of a contract subject to a local workforce goal shall provide that a contractor who does not have a Plan for such contract approved by SBD as of twenty-five percent (25%) completion of the contract may be subject to sanctions including, but not limited to, stop payment.]] The contract language of a contract subject to a local workforce goal shall [[also]] provide that in the event that at contract completion, the contractor fails to comply with the established local workforce goal, liquidated damages equal to a minimum of $1,500.00 per position or the salary that would be payable for such position had the person(s) been hired for the position as listed on the approved workforce plan to include all approved revisions to the workforce plan, whichever is greater shall be withheld from the contractor's final payment as liquidated damages and be applied to pay part of the costs of the Community Workforce Program under this ordinance. An updated Plan shall be submitted to SBD on a monthly basis. In the event that during the contract time a new hire or a person identified in the Plan as already on the contractor's (or any proposed subcontractor's) payroll to meet the local workforce goal is replaced, Miami-Dade County will require the contractor to immediately contact SBD identifying the replacement. Notwithstanding anything to the contrary above, the contractor may be relieved from the requirements of this ordinance, in part or in whole, if such contractor can demonstrate to SBD that it has utilized its best efforts to achieve the goal in accordance with the prescribed [[Administrative Order]] >>Implementing Order<<.

D. Goal compliance: The following shall count towards compliance with a local workforce goal. Within 15 days of approval of the Workforce Plan, the contractor shall complete and submit a Job Order Request Form (in the form attached to Resolution No. 1145-99, the Clearinghouse for posting of job opportunities) to the Employee Relations Department for each position designated in the approved Workforce Plan for recruitment. The employer/contractor Information portion of the Job Order Request Form shall provide the relevant information for the contractor or subcontractor who will employ the new hire. Persons designated in the approved Workforce Plan as already on the contractor's (or on any proposed subcontractor's) payroll at the time of bid submittal who reside in the DTA in which the public improvement is located and who perform any construction trades work or labor of the contract shall count towards meeting the local workforce goal. Each New Hire residing in >>the<< [[any]] DTA >>where the public improvement project is located<< who is hired to any position designated in the approved Workforce Plan who performs construction trades or labor work of the contract for a minimum duration of one hundred twenty (120) days or the length of the job whichever is less, shall also count towards meeting the goal. Persons that reside in a DTA other than the DTA in which the public improvement is located, [[will not]][[may]] >>may<< be counted towards meeting the goal[[.]] [[provided the first priority in hiring for such position was given to persons residing in the Designated Target Area in which the public improvement is located. and when the hiring party as well as the WDOs and WROs have demonstrated the SBD that they have been unable to identify a qualified resident of the Designated Target Area in which the public improvement is located.]] >>provided the first priority in hiring for such position was given to persons residing in the Designated Target Area in which the public improvement is located. and when the hiring party as well as the WDOs and WROs have demonstrated to SBD that they have been unable to identify a qualified resident of the Designated Target Area in which the public improvement is located<<.

>>E. Exceptions: Due to the regional significance of Airport and Seaport public improvement projects as sources of employment, contractors performing work at the Airport and Seaport may hire residents of DTAs other than the DTA where the project is located<< >>and are not required to give first priority to persons residing in the DTA where the project is located.<< >>Persons designated in the approved Workforce Plan as already on the Airport or Seaport contractor's (or on any proposed subcontractor's) payroll at the time of bid submittal who reside in any DTA and who perform any construction trades work or labor of the contract shall count towards meeting the local workforce goal. Each New Hire residing in any DTA who is hired to any position designated in the approved Workforce Plan who performs construction trades or labor work on the Airport or Seaport Capital Construction Contract for a minimum duration of one hundred twenty (120) days or the length of the job whichever is less, shall also count towards meeting the goal.<<

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 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. 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 Committee amendments are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.
2 Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< shall be added. Remaining provisions are now in effect and remain unchanged.