Chapter 3.10
LOCAL HIRING – PUBLIC WORKS CONTRACTORS
Sections:
3.10.020 Required documentation.
3.10.030 Forms submitted under penalty of perjury.
3.10.040 Irresponsible bidder declaration.
3.10.050 Binding on subcontractors.
3.10.070 Contracts – Bid documents – Subcontracts.
3.10.010 LOCAL EMPLOYMENT.
The city council of the city of Santa Cruz hereby finds that:
(1) Unless such a provision would conflict with a state or federal law or regulation applicable to a particular contract for public works or improvements, all city contracts for public works or improvements of estimated value of greater than the formal bid limit shall contain provisions pursuant to which the contractor promises to make a good-faith effort, with the assistance of local labor union hiring halls or community organizations designated by the city to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of the county of Santa Cruz in sufficient numbers so that no less than fifty percent of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Santa Cruz County residents.
(2) Unless such provision would conflict with a state or federal law or regulation applicable to a particular contract for a public works project, all city contracts for a public works project referenced in subsection (1) shall contain provisions pursuant to which each contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the Monterey Bay Area and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticable craft or trade in which the contractor employs workers in performing any of the work under the contract.
(a) If, in response to a written request made at least 48 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required, an apprenticeship program(s) does not dispatch any apprentice or dispatches fewer apprentices than requested to a contractor (that has agreed to employ and train apprentices in accordance with California Labor Code section 1777.5) within 72 hours of such request (excluding Saturdays, Sundays and holidays), that contractor shall be considered in compliance with the apprentice employment requirement for that trade or craft for a ninety day period from the request date, provided the contractor employs those apprentices who are dispatched. Where there is more than one viable apprenticeship program for that trade or craft serving the Monterey Bay Area, a contractor, that is not a participant in or an affiliate of an apprenticeship program and receives fewer apprentices dispatched than requested, shall not be considered in compliance with the apprentice employment requirement unless the contractor has made a written request for the dispatch of apprentices from at least two viable apprenticeship programs. A contractor, that is a participant in or an affiliate of an apprenticeship program, shall make dispatch requests to the program in which it is affiliated or participating.
(b) In the event that no viable apprenticeship program exists for a particular craft or trade, the contractor shall be exempt from the requirements of this chapter with regard to that craft or trade.
(c) A contractor employing apprentices pursuant to this section shall employ apprentices in a ratio of not less than one apprentice for each five journeymen in the apprenticeship craft or trade classification that are employed on the public work contract unless to do so would result in apprentice employment in ratios below the minimum ratios prescribed by California Labor Code section 1777.5 in which case apprentice employment shall be at least in the ratios prescribed by California Labor Code section 1777.5.
(d) This section shall not be construed so as to exempt a contractor from any otherwise applicable requirement imposed upon the contractor by the California Labor Code.
(Ord. 2004-22 § 1, 2004: Ord. 2002-44 (part), 2002: Ord. 2002-08 § 1, 2002: Ord. 96-29 § 1 (part), 1996).
3.10.020 REQUIRED DOCUMENTATION.
(1) The contractor shall keep, and provide to the city, on standardized forms acceptable to the city, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor, and the contractor’s subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees.
(2) The contractor shall keep, and provide to the city, on forms acceptable to the city, an accurate record documenting the contractor’s good faith efforts to comply with the local resident employment and apprentice employment provisions of this chapter. Said records shall include: a listing by name and address of all local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of employment referrals requested; the number of local residents employed as a result of the contact; and the identity and address of the person(s) employed pursuant to the contract.
(Ord. 2004-22 § 2, 2004: Ord. 96-29 § 1 (part), 1996).
3.10.030 FORMS SUBMITTED UNDER PENALTY OF PERJURY.
All forms required under this chapter shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury.
(Ord. 96-29 § 1 (part), 1996).
3.10.040 IRRESPONSIBLE BIDDER DECLARATION.
Should any contractor or subcontractor fail to abide by the good-faith local resident employment and apprentice employment provisions of this chapter, the contractor or subcontractor may be declared by the city to be an irresponsible bidder for purposes of Chapter 3.09 of this code and sanctioned in accordance with the provisions of that chapter.
(Ord. 2004-22 § 3, 2004: Ord. 96-29 § 1 (part), 1996).
3.10.050 BINDING ON SUBCONTRACTORS.
The good-faith local resident employment and apprentice employment provisions of this chapter shall bind the contractor both with respect to persons employed directly by the contractor and to all persons employed by the contractor’s subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the city, the forms required by Section 3.10.020.
(Ord. 2004-22 § 4, 2004: Ord. 96-29 § 1 (part), 1996).
3.10.060 DEFINITIONS.
As used in this chapter, the following terms shall have the following definitions:
(a) “Qualified individual” means an individual who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.
(b) “Resident of the county of Santa Cruz” means an individual who has been domiciled, as defined by Section 200(b) of the California Elections Code, within the boundaries of the county of Santa Cruz for at least one year immediately preceding the date of the award of contract by the city and who can verify his or her domicile upon request of the contractor or city by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver’s license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the county of Santa Cruz; alternatively, “Resident of the county of Santa Cruz” shall mean a worker who is a building trade journeyman or building trade apprentice whose local hiring hall has jurisdiction over all or part of Santa Cruz County.
(c) “Viable apprenticeship program” means an apprenticeship program approved by the California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.
(Ord. 2004-22 § 5, 2004: Ord. 96-29 § 1 (part), 1996).
3.10.070 CONTRACTS – BID DOCUMENTS – SUBCONTRACTS.
(1) Contracts and bid documents shall incorporate this chapter by reference and shall provide that the failure of any contractor or subcontractor to comply with any of its requirements shall be deemed a material breach of the contract or subcontract.
(2) All subcontracts shall expressly acknowledge the city’s status as a third party beneficiary to that subcontract and further expressly acknowledge that the city, as a third party beneficiary, shall have the right to enforce the provisions of this chapter with regard to that subcontract or seek remedies available under this chapter should a party to the subcontract fail to comply with any of the provisions of this chapter that apply to the subcontract.
(3) Contracts and bid documents shall require bidders, contractors and subcontractors to maintain records necessary for monitoring their compliance with this chapter.
(Ord. 96-29 § 1 (part), 1996).
3.10.080 EXCEPTIONS.
The provisions of this chapter shall not apply:
(1) Where the city, in accordance with Section 3.08.160 of this code, determines that the contract is necessary to respond to a declared emergency which endangers the public health, welfare or safety and there is no time to apply the provisions of this chapter.
(2) To city construction contracts or portions thereof, wherein the work is of a highly specialized nature as determined by the city council when the contract specifications are approved.
Any proposed contract being brought to the city council for approval pursuant to this section shall be clearly annotated “Exemption from Local and Apprentice Employment” within the item title.
(Ord. 2004-22 § 6, 2004: Ord. 2003-05 § 1, 2003: Ord. 96-29 § 1 (part), 1996).