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ORDINANCE RELATING TO THE COMMUNITY WORKFORCE PROGRAM AMENDING ORDINANCE 03-1 ADDING DEFINITIONS FOR CONSTRUCTION TRADE, LABOR FORCE, JOB; CLARIFYING DEFINITIONS OF NEW HIRE, RESIDENCY, WORKFORCE RECRUITEMENT ORGANIZATION; CLARIFYING SECTIONS B, C, D; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. The Code of Miami-Dade County, Florida, is hereby amended as follows:

Section Community Workforce Program

(1) Definitions. For purposes of this section the following definitions shall be effective:

A. Capital Construction Contract means the building and or improvement of a specific fixed asset as approved in the Capital Budget, or for the purpose of this Ordinance, open contract infrastructure work where the individual work orders are distributed throughout the County.

B. >>Construction Trade Work means skilled laborers<<

[[B.]] >>C.<< Contract means a contract for Capital Construction.
[[C.]] >>D.<< Department means department or agency administering a Capital Construction Contract to which a local workforce goal has been applied.
[[D.]] >>E.<< Designated Target Area (DTA) means any geographic area of Miami-Dade County designated as an Empowerment/Enterprise Zone, any geographic area of Miami-Dade County designated by the Board of County Commissioners as a Targeted Urban Area (TUA), Community Development Block Grant (CDBG) Eligible Block Group or Focus Area.
[[E.]] >>F.<< Enterprise Zone means a geographic area of Miami-Dade County designated as an Enterprise Zone or a Satellite Enterprise Zone pursuant to the Florida Enterprise Zone Act of 1994, as amended.
[[F.]] >>G.<< Empowerment Zone means a geographical area of Miami-Dade County designated by the federal government as an empowerment zone.
[[G.]] >>H.<< CDBG Eligible Block Group means a geographical area whose residents are lower to moderate income.
[[H.]] >>I.<< Focus Area means a geographical area slated for economic revitalization.
[[I.]] >>J. Job means a specific trade such as painting, electrical, plumbing, etc., in which a person hired by the contractor or subcontractor as part of the workforce used towards a workforce goal compliance and which the length of the job may aggregate to less than 120 days due to the nature of the job. Jobs that will be less than 30 days for completion may not be considered towards compliance with a workforce goal.<<
[[J.]] >>K. Labor Force means individuals (the workforce) that may count towards compliance to a workforce goal.<<
[[K.]] >>L.<< Labor Work means unskilled construction work.
[[L.]] >>M.<< Local Workforce Goal means a requirement that a percentage of the workforce performing construction trades work and labor under a Capital Construction Contract/Work Orders be residents of a DTA.
[[M.]] >>N.<< New Hire means any individual >>meeting the requirements of resident as defined below,<< employed by the contractor >>or subcontractor and on the<< [[C ]]>>contractor's or subcontractor's payroll,<< pursuant to the County's approval of the Workforce Plan by the contractor or [[a]] subcontractor [[)]] to perform any construction trades work or labor under a [[C]] >>c<>and performs the job as listed and approved on the contractor's or subcontractor's workforce plan to include any approved revisions to the workforce plan,<< [[in such employ]] for a minimum duration of one hundred twenty (120) days >>or the length of the job whichever is less<<.
[[N.]] >>O.<< Residen>>t<<[[cy]]. Residen>>t<<[[cy]]>>means a person<<[[is the place a new hire]] who has [[been a]] reside>>ed<< [[nt]] >>in<<[[of]] Miami-Dade County in any designated target area [[for at least one year]] >>the past year (12 months)<<.
[[O.]] >>P.<< Review Committee or RC means the committee established by the County Manager to review proposed contracts for the application of local workforce goals.
[[P.]] >>Q.<< Scope of Services or Scope of Work means the work to be performed under a Contract.
[[Q.]] >>R.<< Subcontractor means any person, firm, entity, or organization at any tier, other than the employees of the contractor, performing construction trade work and labor under a [[C]] >>c<>This term shall include employment agency furnishing personnel to a contractor or subcontractor.<<
[[R.]] >>S.<< Targeted Urban Area means a geographical area of Miami-Dade County that has been designated by the County Commission as a Targeted Urban Area under Section 30A-129 of the Code.
[[S.]] >>T.<< Work means the [[C]] >>.c<>.c<>.w<>.c<[[T.]] >>U.<< Workforce Plan or Plan means a plan delineating the number and category of administrative, construction trades and labor personnel necessary to perform the work under a Capital Construction Contract to which a local workforce goal has been applied, and the proposed steps that will be taken to meet the goal. The Plan shall be organized by trade and indicate the number and category of positions already filled and the number and category of positions that require recruitment; the anticipated date that the hiring process will be initiated; the deadline for referrals; the anticipated position commencement date; and the duration of the position.
[[U.]] >>V.<< Workforce Development Organization or WDO means an organization providing construction trades skills training or providing skills training that are recognized and accepted by all federation members of the respective trade, who are instrumental in its design and provides certification after participation or apprenticeship training or any construction related training. The firm must be registered with the Department of Business Development >>.(DBD)<<.
[[V.]] >>W.<< Workforce Recruitment>>/Referral<< Organization or WRO means an organization providing qualified construction employment recruitment/>>referral<< services and employability skills training, including application process, interviewing, and appropriate attire. The organization must be registered with the Department of Business Development>>(DBD)<<.
[[W.]] >>X.<< Worker Training Program or WTP is a certified training program, technical school, apprenticeship program or other such construction industry related training program.
[[X.]] >>Y.<< Work Order means issuance of specific work based on an open work contract with fixed unit prices.

(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 [[C]] >>.c<
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<< an estimate of the >>.trades and<< workforce necessary to perform construction trades work and labor under the [[C]] >>.c<>.c<
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, [[its WDO or WRO as appropriate]] to develop and submit to the County, within fifteen (15) days of notification of award of the [[C]] >>.c<>.c<>.c<>.s<>.s<>.c<>.c<>.c<>.twenty-five<>(25%)<< completion of the Contract may be subject to sanctions including, but not limited to, stop payment. The contract language of a [[C]] >>.c<>.c<< ontractor >>.fails to comply with<< [[does not achieve]] the established local workforce goal, liquidated damages equal to >>.a minimum of <<$1500 [[for each]] >>.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 << [[by which the Contractor fails to comply with such Goal (as provided in subsection D below)]] shall be withheld from the [[C]] >>.c<>.c<>.n<>.h<>.s<>.may<< be relieved from the requirements of this ordinance >>., in part or in whole,<< if such [[C]] >>.c<
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's Information]] >>. Employer/Contractor Information<< portion of the Job Order Request Form shall provide the relevant information for the contractor or [[S]] >>.s<>.n<>.h<>.s<>.bid submittal<>.the<< [[Designated Target Area]] >>.DTA in which the public improvement is located<< and who perform any construction trades work or labor of the [[C]] >>.c<>.DTA<< in which the public improvement is located who is hired to any position designated in the approved Workforce Plan who performs construction trades or labor work of the [[C]] >>.c<>.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, may be counted towards meeting the goal <>. and<< when the hiring party as well as the WDOs and WROs have>>.demonstrated to DBD that they have<< been unable to identify a qualified resident of the Designated Target Area in which the public improvement is located.

(3) Compensation for hiring from Designated Target Areas.

A. WDO and WRO Registration: DBD shall register WDOs and WROs, and shall maintain and publish an updated list of WDOs and WROs, identifying areas of expertise and services. DBD shall collect, assemble, and verify information needed to establish eligibility for such registration.

B. Compensation to WDO or WRO for placement of New Hire: The following applies to all [[C]] >>.c<>.n<>.h<>.DTA<< [[on such Contracts]]. WDO/WROs shall receive a fee for the referral and placement of [[N]] >>.n<>.h<>.DTA<< on such Contracts. These fees are contingent on the [[N]] >>.n<< ew [[H]] >>.h<>of one<<.hundred >>and<<.twenty (120) days or the duration of the job, which ever is less.

(4) Training. The County Manager or designee may initiate the development of a training program for construction related >>. to<< trades.

(5) Monitoring. The County shall maintain staff for the purpose of monitoring compliance with this [[O]] >>.o<>.c<>.s<>.c<>.n<< ew [[H]] >>.h<>.c<
(6) Incentives. It is the County's plan to encourage contractors to access incentives available in Designated Target Areas. Included are incentives established for Enterprise/Empowerment Zones, and Targeted Urban Areas such as the Work Opportunity Tax Credit, Business Registry Incentives, and Qualified Targeted Industries Incentives (QTI), and [[other]] any >>.other<< applicable incentives. A contractor, WDO or WRO, is responsible for applying for any incentive for which they may be eligible.

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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," or "article," or other appropriate word.
Section 4. [[This ordinance shall not be effective until the Board of County Commissioners adopts an Administrative Order implementing the program and shall apply to contracts advertised subsequent to such date.]] >>. This ordinance shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon override by this Board, and shall apply to contracts advertised on or after May 5, 2003 for which bids have not yet been approved and addenda have been issued implementing the requirements of this ordinance. <<
Section 5. This ordinance does not contain a sunset provision.
Section 6. Resolution No. R-259-99 is hereby amended to provide that Capital Construction Contracts funded by the Quality Neighborhood Initiative Bond Program (QNIBP) for improvements located in Designated Target Areas that are advertised >>.on or<< after >>.May 5, 2003 << [[the effective date of this ordinance]] shall be subject >>.to<< the requirements of the Community Workforce Program.

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TO: Honorable Chairperson Barbara Carey-Shuler, Ed.D. DATE:
and Members, Board of County Commissioners

SUBJECT: Amendments to Ordinance 03-1
FROM: George M. Burgess Community Workforce Program (CWP)
County Manager

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) amend the Community Workforce Program Ordinance 03-1 for the purpose of adding and providing clarification to various definitions and to provide clarification to Sections B, C and D of the Ordinance.

MANAGER'S BACKGROUND
The Community Workforce Program (CWP) was established and unanimously adopted by the Board on January 23, 2003. At which time, the Department of Business Development (DBD) was given sixty days to develop and implement the CWP. On May 5, 2003 the CWP was implemented.

During the sixty (60) day period granted by the Board, DBD met with various County departments and agencies along with prospective Workforce Development and Recruitment Organizations, participated in various outreach exhibitions, as well as conducted workshops on how the program will work. A wealth of information and suggestions resulted from these efforts and a more in-dept analysis of the program was conducted, concluding in this proposed amendment.

Under the proposed amendments, contractors/subcontractors will be required to hire from within the Designated Target Area (DTA) in which the project is located. Instances where the contractor/subcontractor can demonstrate they were unable to locate the required workforce to meet the established workforce goal from the DTA in which the public improvement is located, DBD may allow hiring from another DTA. In addition, only persons on the awarded contractors/subcontractors payroll that reside in the DTA in which the public improvement is located can be used towards meeting a workforce goal. Persons on the contractor's payroll that reside in other DTAs may be used toward meeting a workforce goal provided the contractor/subcontractor can demonstrate to DBD that they were unable to locate the required workforce from within the respective DTA.

Failure to make these amendments can result in a contractor/subcontractor complying with an established workforce goal without having hired any persons from the DTA in which the public improvement is located, which is contrary to the objective of the program.