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HomeMy WebLinkAboutpre legislationJ-85-380 ORDINANCE NO. 1 0 0 3 2 AN ORDINANCE IMPLEMENTING THE 'FIRST SOURCE HIRING4AGREEMENT" AND SETTING AS A CONDITION PRECEDENT TO THE EXECUTION OF CONTRACTS RESULTING IN THE CREATION OF NEW PERMANENT JOSS,.THE S1fecESSFUc NEGOTIATION OF A "FIRST SOURCE HIRING AGREEMENT" BETWEEN THE PRIVATE INDUSTRY COUNCIL OF SOUTH FLORIDA/SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, AUTHORIZED REPRESENTATIVE OF THE CITY OF MIAMI, AND THE 'ORGANIZATION OR INDIVIDUAL RECEIVING SAID CONTRACT, UNLESS SUCH AN AGREEMENT IS FOUND TO BE INFEASIBLE BY THE CITY MANAGER, AND SUCH FINDING I3 APPROVED BY THE CITY COMMISSION OF THE CITT OF MIAMI, KITH THE PRIMARY BENEFICIARIES OF THIS AGREEMENT BEING THE PARTICIPANTS OF THE CITY OF MIAMI, TRAINING AND EMPLOYMENT PROGRAMS AND OTHER RESIDENTS OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City Commission has declared its intent "that public projects that are financed by public funds, CETA participants, who are eligible are to be given priority" (Motion 83-1018, November 16, 1983), and; WHEREAS, the City Commission is desirous of supporting the concept of 'First Source Hiring Agreement", which would give priority employment to City of Miami training and employment participants i hiring situations resulting from the support of publicfunds, from or through the City and/or special prlvilegms `ranted by the City of Miami, and; WHEREAS, the City Commission passed a Resolution "establishing an advisory committee to recommend a "First Source Hiring Agreement" policy for implementation by the City of Miami and appointing certain individuals to serve on that committee" (Resolution No. 84+898, July 31, 1984),.and; WHEREAS, the City Commission of the City of Miami wishes to assure continuing employment opportunities or residents of the City of Miami, and; WHEREAS, the authorized repr esentetive shall negotiate the terms of the *First Source Hiring Agreements" on a project by project basis with the recipient of contracts for facilities, services and/or grants and loans from or through the City of Miami., and; WHEREAS, those organizations end individuals receiving contracts for facilities, services and/or grants and loans from or through the City of Miami should participate in the"First Source Hiring Agreement" as it is in the best interest of said parties and City of Miami residents, and; WHEREAS, for the purpose of this resolution, contracts for facilities, services and/or grants and loans with the City of Miami are defined in Section 2 of this Ordinance, and; WHEREAS, those organizations or individuals receiving the identified publio Funds, by the receipt of contracts for facilities, services and/or grants and loans would be required, precedent to the execution of said contracts to enter into negotiations with the authorized representative, as defined in Section 2. of the Ordinance, and to arrive it a "First Source Hiring Agreement* which is satisfactory to both parties, and; WHEREAS, the special duties and responsibilities of the authorized representative necessary to implement "First Source Hiring Agreements" are spelled out in the provisions of a Resolution being considered for adoption by the City Commission on June 13, 198S: and WHEREAS, a model "First Source Hiring Agreement" is attached herewith, for illustrative purposes only; NOW, THEREFORE, BE IT ORDAIIIED 8Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That this Commission hereby approves impleaentetion of the "First Source Hiring Agreement" policy and requires as a oondition precedent to the execution of service contracts for taeilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of "First Source Hiring Agreements" between the organization or individual receiving said contract and the authorized representative unless such an agreement is. found infeasible by the City Manager and such finding approved by the City Commission of the City of Miami at a public hearing, 1 0 0 3 2 Section 2. Definitions. For the purpose of the Ordinance, the, following terms, phrases, wards and their derivations shall have the following aeanings: A. Service Contracts means contracts for the procurement of services by the City of Miami which include professional services. 8. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. C. Serer vi_oes includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. D. Grants and Loans means, without limitation, Urban Development Action Grants CUDAG), Economic Development Agency construction .loans, loans tram Miami Capital Development, Incorporated, and all federal and State grants administered by . the City of Miami. E. Authorized Representative weans the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and State training and employment funds. Section 3. The authorized representative shall negotiate each "First Source Hiring Agreement". Section g. The primary beneficiaries of the *First Source Hiring Agreement* shall be participants of the City of Miami training and employment programs, the City at Miami. Section 5. 1 A11 ordinances, or parts conflict herewith are hereby repealed. Section 6. Should any part Ordinance be declared by a court of competent jurisdiction to be invalid, same shall not affect the validity of the Ordinance as a whole. and other residents of thereof, of or provision in of the • day of PASSED ON FIRST READING BY TITLE ONLY THIS *Y 1985. 18th PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day at September , 1985. }IAURICE Ari ERAk,FIAAOR PREPWD AHD APPROVED BY: CITY ATTOk2EY FOAM AND CORRECTNESS: L � �Clerk of the City of MEW. Floras, heray emit that ua tbe..rPll_day of�1 A. D. 19.t s fael. err and guars' ski° M the share aA. forelis iA; w-sfiasnes was p.st:d at ibis S.rst:t Deer a: s•a.nt; Cwt. Mum at the pk.m pn» Jed tat auik s atnl pub io.1 ns by sltackfog said cam to the p.:.r. ;•r.wikd tberefur. WITNESS my band and the - seal of �e(.., pty tb&.dsy/t D. H_ 11AQ1'