Proposed Broward County Workforce Investment Ordinance

1 ORDINANCE NO. 2013-

2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, 3 RELATING TO WORKFORCE INVESTMENT; ESTABLISHING GOALS FOR FIRST SOURCE 4 EMPLOYMENT REFERRALS AND QUALIFYING NEW HIRES FOR SPECIFIED COUNTY CONTRACTS; 5 CREATING SECTION 1-52 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR 6 SEVERABILITY, INCLUSION IN THE CODE, AND AN 7 EFFECTIVE DATE.

8 (Sponsored by Commissioner Dale V.C. Holness) 9 WHEREAS, the Board of County Commissioners desires to enact a Broward

10 County Workforce Investment ordinance to increase certain potential employment

11 opportunities in connection with County-funded contracts, 12 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 13 BROWARD COUNTY, FLORIDA: 14 Section 1. Section 1-52 of the Broward County Code of Ordinances ("Code"), 15 "Broward County Workforce Investment," is hereby created to read as follows: 16 [Underlining omitted] 17 Sec. 1- 52. Broward County Workforce Investment. 18 This section shall be known and may be cited as the "Broward County Workforce 19 Investment Act" (the "Act"). The objectives of the Act shall be to encourage Contractors 20 to utilize WorkForce One and its contract partners as a first source for employment 21 candidates for work on County-funded projects, and to encourage Contractor 22 investment in Broward County economic development through the hiring of 23 economically disadvantaged or hard-to-hire individuals. 24

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 1 (a) Definitions. For purposes of this Act: 2 (1) "Contractor" means an individual or for-profit entity, including a 3 corporation, partnership, limited liability company, or similar entity, that 4 enters into a Covered Contract. 5 (2) "Covered Contract" means a County-awarded contract that (i) pays the 6 Contractor, on average, at least $250,000 in annual payments; (ii) is not 7 funded by state or federal funds; and (iii) is either for construction-related 8 services or for "Covered services" under Section 26-101(f) of the Code 9 (the Broward County Living Wage Ordinance). 10 (3) "Economically Disadvantaged Worker" means a person who (a) prior to 11 hire had an annual household income for the last full calendar year equal 12 to or less than the most recently-published "Low-Income" income limits for 13 Miami-Fort Lauderdale-Pompano Beach under Section 8 of the Housing 14 Act of 1937, as amended; (b) had been unemployed but seeking 15 employment for more than six (6) consecutive months prior to hire; or (c) 16 had received federal or state public assistance through Temporary 17 Assistance for Needy Families (TANF) or Supplemental Nutrition 18 Assistance (SNAP) within ninety (90) days prior to hire. 19 (4) "Hard-to-Hire Worker" means a person who (a) has a criminal felony 20 record; (b) has documented physical or mental disabilities; (c) has neither 21 a high school diploma nor GED; (d) is a military veteran; or (e) had been 22 homeless for at least six (6) of the twelve (12) months prior to date of hire. 23 (5) "Qualifying New Hires" means individuals (a) hired through referral from 24 WorkForce One or its contract partners; (b) who were previously serving

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 2 1 as apprentices through existing government-, school-, or Contractor- 2 sponsored apprenticeship programs; (c) who are Economically 3 Disadvantaged Workers; or (d) who are Hard-to-Hire Workers. 4 (6) "Vacancies" means all full- and part-time job openings of the Contractor 5 and the Contractor's subcontractors, if any subcontractors are engaged by 6 the Contractor under the County-awarded contract, that are the direct 7 result of the County-awarded contract at issue, including job openings for 8 work to be performed on the County project and job openings within 9 Broward, Miami-Dade, and Palm Beach counties created by internal 10 promotion or lateral transfer, as a result of the County-awarded contract, 11 of persons already employed by the Contractor. For example, if a worker 12 is promoted or transferred from a position within Broward County, Miami- 13 Dade County, or Palm Beach County on an unrelated project in order to 14 work in a position on the County-awarded project, the position on the 15 unrelated project constitutes a Vacancy for the purpose of this Act. 16 (7) "WorkForce One Referrals" means workers who are identified by 17 WorkForce One or any of its contract partners as candidates for 18 employment in response to an advertisement or job order form submitted 19 by the Contractor to WorkForce One. 20 (b) Workforce Investment Goals. 21 (1) The First Source Referral Goal and the Qualifying New Hires Goal set 22 forth below are strongly encouraged and recommended for all County- 23 awarded contracts to the extent practicable for all Contractors providing 24 services to the County. However, the First Source Referral Goal and the

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 3 1 Qualifying New Hires Goal are not mandatory for any Contractor, except 2 as set forth herein. 3 (2) Under any procurement solicitation for any Covered Contract, the bidder 4 or proposer shall be required, as an issue of responsiveness, to indicate 5 state thatwhether it agrees to be bound to contractual obligations under 6 the Covered Contract, if awarded to the bidder or proposer, requiring it to 7 use good faith efforts to meet the First Source Referral Goal and the 8 Qualifying New Hires Goal. If the bidder or proposer responds 9 affirmatively (thereby agreeing to be contractually obligated), then the 10 Covered Contract, if awarded to the bidder or proposer, shall contain 11 language requiring its good faith efforts to meet the First Source Referral 12 Goal and the Qualifying New Hires Goal. If the bidder or proposer 13 responds negatively (thereby declining to be contractually obligated), the 14 Covered Contract, if awarded to the bidder or proposer, shall not include 15 any requirements to use good faith efforts to meet those goals. If the 16 bidder or proposer fails to do so,respond affirmatively or negatively, it will 17 be deemed non-responsive to the solicitation. 18 (3) First Source Referral Goal. 19 a. Commencing with award of the applicable Covered Contract, the 20 Contractor agrees to list all Vacancies for Covered Contracts 21 exclusively with WorkForce One for a period of at least twenty-one 22 (21) days, during which time the Contractor shall not utilize other 23 recruitment methods or advertisements to attempt to fill any 24

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 4 1 Vacancies, except that internal-only job postings by the Contractor 2 are permitted during this period. 3 b. Promptly upon receipt, the Contractor agrees to review the 4 qualifications of all WorkForce One Referrals and use good faith 5 efforts to interview all WorkForce One Referrals that appear to 6 meet the qualifications required for one (1) or more Vacancies. 7 c. Upon completion of the review of the WorkForce One Referrals' 8 qualifications and good faith effort to interview all qualified 9 candidates, the Contractor shall be deemed to have demonstrated 10 good faith efforts to comply with the First Source Referral Goal 11 regardless of whether the Contractor offers employment or actually 12 hires any of the WorkForce One Referrals. 13 (4) Qualifying New Hires Goal. 14 a. The Contractor agrees to hire Qualifying New Hires for at least fifty 15 percent (50%) of the Vacancies resulting from a Covered Contract. 16 b. The Qualifying New Hires Goal shall be 17 calculated as follows: 18 1. The total number of Vacancies for the Covered Contract, 19 minus the number of Vacancies actually filled by workers 20 who are not residents of the State of Florida at the time of 21 hire, divided by two (2) and rounded up to the nearest whole 22 number, constitutes the Qualifying New Hires Goal; 23 2. Each Economically Disadvantaged Worker or Hard-to-Hire 24 Worker who is hired by the Contractor for the Covered

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 5 1 Contract shall count as two (2) Qualifying New Hires for 2 purposes of meeting the Qualifying New Hires Goal. 3 c. The Contractor shall be deemed to have demonstrated good faith 4 efforts to meet the Qualifying New Hires Goal if: 5 1. The Contractor meets the First Source Referral Goal but is 6 unable to meet the Qualifying New Hires Goal due to a 7 documented lack of qualified WorkForce One Referrals or 8 due to special skills, experience, or expertise required to fill 9 the Vacancies; 10 2. The Contractor demonstrates that at least fifty percent (50%) 11 of the Contractor's current workforce consists of workers 12 who met the definition of Qualifying New Hires on the date of 13 hire; 14 3. Identified collective bargaining agreement provisions prevent 15 the Contractor from meeting the Qualifying New Hires 16 Goal; or 17 4. Documented other circumstances (including, without 18 limitation, voluntary terminations, employee illnesses, etc.) 19 prevent the Contractor from meeting the Qualifying New 20 Hires Goal despite the Contractor's documented reasonable 21 efforts. 22 d. A certification under oath by a person that he or she qualifies as a 23 Qualifying New Hire, Economically Disadvantaged Worker, or Hard- 24 to-Hire Worker, which certification identifies the specific factual

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 6 1 basis for the person's qualification, shall be deemed sufficient 2 evidence that the person meets the qualification, unless the 3 Contractor is on actual notice of facts that contradict the 4 qualification, in which case the Contractor must obtain and retain 5 documentation evidencing the person's qualification under the 6 applicable standard. 7 (5) Nothing in this Act shall be construed to require or authorize any 8 Contractor to take any action in violation of an existing collective 9 bargaining agreement or any requirement of state or federal law. 10 (c) Implementation. 11 (1) An indication of the Contractor's commitment or refusal to be contractually 12 bound to use good faith efforts to meet the First Source Referral Goal and 13 the Qualifying New Hires Goal pursuant to this section shall be a required 14 item for response in the procurement specifications for all Covered 15 Contracts for which bids or proposals are initially solicited on or after the 16 effective date of this Act. 17 (2) The procurement specifications for Covered Contracts shall include a 18 requirement that Contractors retain for a period of at least one (1) year 19 after expiration or termination of the Covered Contract the following 20 records for all employees hired for Vacancies on Covered Contracts and 21 agree to produce, at County's request, documents and records sufficient 22 to demonstrate the Contractor's compliance, as well as any good faith 23 efforts to comply, with the First Source Referral Goal and the Qualifying 24 New Hires Goal:

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 7 1 a. The name and address of each employee hired to fill a Vacancy; 2 b. That employee's application for employment; 3 c. The job title and classification of the employee; 4 d. The beginning and ending date (if applicable) of employment for 5 each employee hired during the term of the Covered Contract; and 6 e. For Contractors who commit to be contractually bound pursuant 7 to this section, sworn certifications or other documentation 8 sufficient to evidence the qualifications of all Qualifying New Hires 9 under the applicable standard(s) at time of hire, and documentation 10 of the good faith efforts undertaken in connection with the 11 Qualifying New Hires Goal. 12 (3) Contractors awarded Covered Contracts shall, by January 31 of each year 13 during the contract term and the year following completion of the contract, 14 submit annual reports to the County's Office of Intergovernmental Affairs 15 and Professional Standards summarizing the data reflected in the 16 documents required to be retained under this section. Any additional 17 related information or documentation requested by the Office of 18 Intergovernmental Affairs and Professional Standards shall be promptly 19 provided by the Contractor. 20 (d) Compliance and enforcement. 21 (1) While good faith efforts to meet the First Source Referral Goal and the 22 Qualifying New Hires Goal are not required unless the Contractor agrees 23 to be contractually bound pursuant to this section, compliance with the 24 record-retention and reporting requirements of this section are mandatory

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 8 1 for all Contractors providing services under Covered Contracts. All 2 Covered Contracts shall contain language making a failure to timely 3 comply with this section a material breach of contract. 4 (2) For Contractors that have agreed to be contractually bound pursuant to 5 this section, 6 Eachthe Covered Contract shall contain language specifically providinge that: 7 (1)a. The Contractor's failure to demonstrate good faith efforts to meet 8 the First Source Referral Goal or the Qualifying New Hires Goal 9 shall constitute a material breach of contract, and shall subject the 10 Contractor to potential suspension or bar from future County 11 contract awards; and 12 (2)b. The total consideration paid to the Contractor under the Covered 13 Contract includes two thousand five hundred dollars ($2,500) for 14 each newly-hired employee required to meet the Qualifying New 15 Hires Goal, which per-employee amount shall be considered 16 unearned and therefore deducted from total compensation due the 17 Contractor for each employee by which the Contractor falls short of 18 meeting the Qualifying New Hires Goal. 19 (e) Sunset review. 20 This Act shall be reviewed by the Office of Intergovernmental Affairs and 21 Professional Standards five (5) years after it becomes effective. Such review shall 22 include analysis of (i) the effectiveness of the Act in encouraging the employment of 23 Qualifying New Hires, including Economically Disadvantaged Workers and Hard-to-Hire 24 Workers; (ii) Contractors' willingness and ability to meet the First Source Referral and

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 9 1 Qualifying New Hires Goals; (iii) the estimated financial impact on the County; and (iv) 2 any recommendations for amendment or modification of the Act's provisions. 3 Section 2. SEVERABILITY. 4 If any portion of this Ordinance is determined by any Court to be invalid, the 5 invalid portion shall be stricken, and such striking shall not affect the validity of the 6 remainder of this Ordinance. If any Court determines that this Ordinance, or any portion 7 hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), 8 or circumstance(s), such determination shall not affect the applicability hereof to any 9 other individual, group, entity, property, or circumstance. 10 Section 3. INCLUSION IN CODE. 11 It is the intention of the Board of County Commissioners that the provisions of 12 this Ordinance shall become and be made a part of the Broward County Code; and that 13 the sections of this Ordinance may be renumbered or relettered and the word 14 "ordinance" may be changed to "section," "article," or such other appropriate word or 15 phrase in order to accomplish such intention. 16 Section 4. EFFECTIVE DATE. 17 This Ordinance shall become effective as provided by law. 18

19 ENACTED 20 FILED WITH THE DEPARTMENT OF STATE 21 EFFECTIVE 22 23 RDH/mm 24 05/03/13 Workforce Investment Ordinance #13-414D:\Docs\2017-12-13\012b9295da00596df650b9e377a6d42f.doc

Coding: Words in struck-through type are deletions from existing text. Words in underscored type are additions. 10