§ 2-2113. First Source Hiring Referral Program.  


Latest version.
  • (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"), through its career centers, or community-based partners and faith-based organizations.

    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):

    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 noncompliance 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) months 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 one thousand five hundred dollars ($1,500.00) per employee, or the value of wages that would have been earned by employees injured by Contractor's noncompliance, 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.

(Ord. No. 12-32, § 1(2-2092), 5-1-12; Ord. No. 14-33, § 1, 4-8-14; Ord. No. 16-40, § 1, 4-19-16)