Chapter 15
LOCAL HIRING—CONTRACTORS PROVIDING PUBLIC WORKS AND PUBLIC IMPROVEMENTS
Sections:
7-15.03 Local Hiring Requirement Imposed.
7-15.04 Apprentice Hiring Requirement.
7-15.05 Record Keeping Requirements.
7-15.01 Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases shall mean as follows:
(a) “Qualified Individual” shall mean either an individual enrolled in a certified state or federally approved apprenticeship program in an applicable trade or individual employed in the classification of laborer or an individual who has already become a journey person in his or her applicable trade. A journey person shall demonstrate proof of five (5) years experience in each applicable craft by declaring under penalty of perjury that his or her sworn statement of experience is complete and correct.
(b) “PVWMA Residents” shall mean persons who have lived within the boundaries of the Pajaro Valley Water Management Agency for a period of not less than one year immediately preceding the date of the award of the contract to perform labor.
(c) “Tri-County Residents” shall mean persons who maintain a permanent residence for not less than one year immediately preceding the date of the award of the contract to perform labor in Santa Cruz, Monterey, and/or San Benito counties.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.02 Statement of Intent.
The Council finds that a policy that encourages contractors who receive City public works construction contracts to hire local residents will benefit the City as a whole. Such a policy will provide job opportunities to City residents, expand the City employment base, and lessen reliance on public assistance resources caused by high unemployment.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.03 Local Hiring Requirement Imposed.
Unless preempted by state or federal law or exempt under Section 7-15.06 of this Chapter, all formal bids as described in Section 7-14.09 of this Code shall contain contractual provisions requiring contractors on public works construction contracts subject to this Chapter to make good-faith efforts, with the assistance of the Employment Development Department, and/or local recruitment sources, and/or local union hiring halls, and/or community organizations designated by the City to hire qualified Tri-County Residents in sufficient numbers so that no less than fifteen (15%) percent of such contractor’s construction work force, including any subcontractor work force, measured in construction labor work hours, is comprised of PVWMA Residents and no less than fifty (50%) percent is comprised of Qualified Individuals who are Tri-County Residents.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.04 Apprentice Hiring Requirement.
At least one of such qualified individuals hired pursuant to Section 7-15.02 of this Chapter for each trade or craft employed by any contractor or sub-contractor for any contract subject to this Chapter shall be enrolled in, and participating in, an apprenticeship program serving the County of Santa Cruz and approved by the Division of Apprenticeship Standards of the Department of Industrial Relations of the State of California, which has graduated apprentices annually for at least the past five (5) years.
This apprenticeship requirement applies to all crafts for which such Division of Apprenticeship Standards has approved an apprenticeship program. A properly indentured apprentice hired pursuant to this Chapter will be employed under the regulations of the craft or trade in which he or she is registered. The five (5) year graduation requirement referenced in this sub-section shall not apply to any trade or craft which is not recognized by the Department of Labor and/or Division of Apprenticeship Standards as an apprenticeable occupation prior to January 1, 1993.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.05 Record Keeping Requirements.
Records of compliance with this Chapter shall be maintained in the manner prescribed in this Section.
(a) The employing contractor shall keep an accurate record on standardized forms showing the name, place of residence, trade classification, proof of journey person or apprenticeship status, hours employed, per diem wages and benefits of each person employed by the contractor, and the contractor’s subcontractors, on the specific public works or public improvements, including full-time, part-time, permanent and temporary employees, and make such records available to the City upon request within five (5) business days.
(b) Such contractor shall keep, and provide to the City, on forms acceptable to the City, an accurate record documenting the good-faith effort of complying with the 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 hire referrals requested, the number of local hires made as a result of the contact, and the identity and address of the person(s) hired pursuant to the contract.
(c) All forms required under this Chapter shall be attested as true as to the information set forth therein and shall be signed under penalty of perjury.
(d) The good-faith effort local hiring provisions of this Chapter shall bind the contractor both with respect to persons hired directly by the contractor and to all persons hired by the contractor’s subcontractors. The contractors shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by this Section.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.06 Exemptions.
This Chapter shall not apply in any of the following circumstances:
(a) Where the City determines that because of a declared emergency which endangers the public health, welfare or safety of the public or material damage to public or private property, there is no time to apply the provisions of this Chapter;
(b) As to the construction of tenant improvements, if the building permits for such work are issued more than one year after a certificate of occupancy has been approved for the building shell;
(c) As to the construction, remodeling or rehabilitation of any building, structure, or site improvement for which a bid package has been approved before the adoption of this Chapter;
(d) Projects where federal or state law prohibits imposing a prevailing wage requirement;
(e) Any project constructed using public employees;
(f) Any project constructed under the direction of a nonprofit community organization in which volunteer labor constitutes more than fifty (50%) percent of labor;
(g) Construction contracts, or portions thereof, wherein the work is of a highly specialized nature or determined by the City Council when the contract specifications are approved.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)
7-15.07 Remedies.
Should any contractor or subcontractor fail to meet the local hiring standard or to document the good-faith effort local hiring provisions of this Chapter, the City may, in addition to any other remedy available under this Code, after the Finding of Noncompliance required by Chapter 14 of Title 3 of this Code becomes final, declare the contractor or subcontractor an irresponsible bidder.
(§ 1, Ord. 1148-02 C-M, eff. November 21, 2002.)