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HomeMy WebLinkAboutPre-Legislation• :11:JI1,11,'11 301 re. City of Miami Master Report Enactment Number: R-15-0334 City Hall 3500 Pan American Drive Miami. FL 33133 vvww.miamigov.com File Number: 15-00812 Version: 1 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Approve Disabled Veteran's 'Workforce Pilot Prgm. Introduced: 6 17 2015 Requester: Department of Procurement Cost: Final Action: 7 23 2015 Title: ARESOLUTION OF THE MIAMI CITY COMMISSION, WITH AT l.-\CHMENTT(S). APPROVING A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM. AS SPECIFIED IN "EXHIBIT A"ATTACHED AND INCORPORATED, TO PROVIDE AN OPPORTUNITY FOR LOCAL DISABLED VETERANS TO BE EMPLOYED THROUGH CITY OF NIIAMI CONTRACTS REQUIRING A WORKFORCE TO PERFORM SERVICES; ESTABLISHING A WORKFORCE MINIMUM PARTICIPATION PERCENTAGE GOAL REQUIREMENT FOR THE HIRING OF LOCAL DISABLED VETERANS: FOR A PERIOD OF TWELVE (12) MONTHS. WITH SUBMISSION OF AN EVALUATION REPORT TO CO\IMISSION UPON CONCLUSION OF SAID PERIOD. DETERMINING THE PILOT PROGRM'S SUCCESS AND PROVIDING FOR A RECOMMENDATION ON ITS CONTINUANCE AND CODIFICATION. Sponsors: Notes: Indexes: Attachments: 15-00812 Summary Form.pdf.15-00812 Legislation.pdf.l5-00812 Exhibit A.pdf. History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 7 14 2015 Reviewed and Attorney Approti cd City Commission 7 23 2015 ADOPTED 1 Office of the Nlayor 8 3 2015 Signed h' the Mayor Orrice oldie City Clerk Office of the City Clerk 8 3 ?MI5 Signed and Attested bt City Clerk Pd> Cup)/ tfr,Puni !'.1,, 1 Printed on 5 "' 01 EXHIBIT A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM 1. Purpose To implement a Local Disabled Veterans' Workforce Pilot Program (Pilot Program) for a period of twelve (12) months. 2. Policy Statement The City of Miami (City) is dedicated to helping veterans at risk of homelessness, secure and maintain employment leading to increased residential and personal stability. The City's goals are to a) afford disabled veterans the opportunity to return to healthy, productive lifestyles within their own communities, and b) to promote the employment of Local Disabled Veterans, specifically veterans with barriers to employment, The objectives of the Pilot Program are: • To identify City contracts where there is need for a workforce, set a minimum goal requirement to be met with Local Disabled Veterans and match the Contractor with Local Disabled Veterans possessing the required skills, • Work closely with the City's Veterans' Services Office and Local Disabled Veterans' agencies who are affiliates of SourceAmerica, and any applicable employment source agencies. • Educate City vendors on the benefits of hiring Local Disabled Veterans through workshops done in conjunction with the City's Veterans' Services Office, 3. Definitions a) City: means the City of Miami, Florida, a municipal corporation. For the purposes of this Pilot Program, "City" shall also mean the City Manager or designee. b) Contract Manager: means the Procurement Director cr designee. c) Contract Value: the proposed cost for the bidder/proposer to provide the scope of services, inclusive of the costs of labor and materials and any equipment or supplies that have been specified in the competitive solicitation document. d) Contractor: means the person, firm or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any work and for the payment of all legal debts pertaining to any work under the City's contract, e) Effective Date: date that the City Mayor signs the Resolution approving the Pilot Program. Page 1 of 5 EXHIBIT A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM f) Good Faith Efforts: diligent and specific attempts by the Contractor to comply with the Pilot Program as demonstrated by documentation and actions undertaken by the Contractor. g) Local Disabled Veteran: an individual residing within Miami -Dade County, who has served on active duty in the armed forces, has been separated therefrom under honorable conditions, and has established the present existence of a service -connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public statute administered by the United States Department of Veterans Affairs or a military department, h) Referring Agencies: means the Local Disabled Veterans' agencies, SourceAmerica Affiliates, and any other applicable employment source agency. i) SourceAmerica: the national, nonprofit agency designated by the U.S. AbilityOne Commission® to support a network of local community rehabilitation programs (CRPs) that participate in the AbilityOne® Program and provide employment opportunities for people with significant disabilities, including veterans. j) SourceAmerica Affiliate: nonprofit agencies that submit a complete application and meet all minimum requirements and are approved for affiliation in the SourceAmerica national network of CRPs. 4. Local Disabled Veterans' Workforce Pilot Program Participation Requirements: a) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations provided in state, federal, or city laws, regulations, or grant requirements, when the City identifies a contract where a portion of the workforce can be fulfilled by Local Disabled Veterans, respondents for that selected Pilot Program project, will be required to employ the fallowing minimum percentage requirement for their workforce from Local Disabled Veterans residing within Miami -Dade County, for the duration of the awarded project. Projects with a contract value of up to fifty thousand dollars ($50,000,00) shall have no Local Disabled Veterans' workforce participation requirement. Projects selected by the City to participate in the Pilot Program, with a contract value of over fifty thousand dollars ($50,000,00) shall have a minimum Local Disabled Veterans' workforce participation requirement of five percent (5%). The Local Disabled Veterans' workforce participation percentage requirement listed above shall be applied on the project's on -site workforce. Page 2 of 5 EXHIBIT A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM b) For those projects containing a Local Disabled Veteran's minimum participation requirement, the City's Procurement Department will coordinate with the City Veterans' Services Office to provide a workshop for vendors explaining the benefits of hiring Local Disabled Veterans and the sources available to attain employment candidates that are Local Disabled Veterans prior to the bid/proposal due date, The Referring Agencies, shall be responsible for referring qualified Local Disabled Veterans to the Contractor within five (5) business days, upon the Contractor notifying the agencies of the vacancies that must be filled. c) Projects to which a Local Disabled Veterans' workforce participation requirement goal has been applied shall require the Contractor to develop and submit to the City, within thirty (30) days of notification of award of the contract, a Workforce Plan (Plan) outlining how the goal will be met and containing the following information and elements required by this section. The Plan shall specify the total number of persons that will be used by the Contractor, broken down by position, minimum qualifications for each position, and the number of persons to be hired for the positions. The Plan shall identify by name, address and positions all Local Disabled Veterans proposed to perform work under the contract currently on the Contractor's payroll or positions for Local Disabled Veterans, who reside within Miami -Dade County, to be hired by the Contractor. The City will not enter into the contract until it receives the Contractor's Plan and deems the Plan acceptable. An updated Plan shall be submitted to the City's Contract Manager for the project, on a quarterly basis. In the event that during the contract period a new hire or a person identified in the Plan as meeting the Local Disabled Veterans' workforce participation requirement goal is replaced, the City may require the Contractor to immediately identify the replacement with another Local Disabled Veteran. Notwithstanding anything to the contrary above, the Contractor may be relieved from the requirements of this provision, in part or in whole, if such Contractor can demonstrate that it has utilized Good Faith Efforts to achieve the goal in accordance with the prescribed provisions under this section, d) Local Disabled Veterans' workforce participation requirements shall apply only to contracts with a contract value greater than fifty thousand dollars ($50,000.00), and with an on -site labor component greater than or equal to twenty-five percent (25%) of the Contract Value, Page 3 of 5 EXHIBIT A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM These Local Disabled Veterans' workforce participation requirements shall apply to the competitively procured contract(s) identified by the City to participate in this Pilot Program, unless: • The contract meets one of the exclusion provisions noted above; • It is disallowed by federal or state law or grant requirements; and • Funding sources require alternate, contradictory or specifically exclude or disallow Local Disabled Veterans' Workforce participation requirements. Additionally, contracts for public works or improvements covered under Section 18-89 of the City Code are excluded. e) Pilot Program shall be in effect for a period of twelve (12) months from the Effective Date. 5. Monitoring and Compliance a) Compliance Reviews. The Contract Manager shall periodically conduct compliance reviews to determine compliance with the Pilot Program. The compliance review shall consist of an evaluation of the Contractor's compliance with the requirements of the Pilot Program including an analysis of the extent to which Local Disabled Veterans have been hired. b) Noncompliance. When routine contract monitoring or a compliance review reveals that a Contractor has not complied with the requirements of the Pilot Program, the City will advise the Contractor in writing of the deficiencies and allow the Contractor a period of thirty (30) days to cure. c) Recurring Noncompliance, A continuing failure or refusal by the Contractor to comply with the requirements of the Pilot Program may result in the City terminating the contract. The City will notify the Contractor in writing of any continuing failure or refusal by the Contractor to comply with the requirements of the Pilot Program and of possible action under the contract, including material breach. Where appropriate, the City may pursue contract suspension or termination for material breach of contract. 6. Pilot Program Evaluation Upon the conclusion of the twelve (12) month period, the City will conduct an evaluation of the Pilot Program to determine: Page 4 of 5 EXHIBIT A LOCAL DISABLED VETERANS' WORKFORCE PILOT PROGRAM a) The effectiveness of the Pilot Program in employing Local Disabled Veterans through City contracts; b) Contractor(s)' ability to meet the Pilot Program requirements; c) Ability of the Referring Agencies to refer qualified Local Disabled Veterans; and, d) Recommendations for modifications to the Pilot Program. A report of the Pilot Program Evaluation shall be submitted to the City Commission with the following recommendations, including, but not limited to: • Further developing the Local Disabled Veterans' Workforce Program and recommending its codification; or, • Recommending that the City not move forward with a Local Disabled Veterans' Workforce Program and explore other ways for the City to encourage the hiring of Local Disabled Veterans, Page 5 of 5