Compton Municipal Code § 4-15 First Source Hiring Program

[1]

Editor's Note: Prior ordinance history: Ord. #2242.

[Ord. #2287]

The City Council finds that the City's low unemployment rate has hampered the economic vitality of the community and has decreased the social welfare of local residents. In order to combat the presence of urban blight and prevent the destabilization of the City at large, the declared purpose of this section is to increase employment opportunities for qualified local residents by establishing a First Source Hiring Program that requires certain contractors to employ up to 50% of qualified local residents for eligible infrastructure developments within the City as stated in this section.

[Ord. #2287]

The following terms and phrases, whenever used in this section, shall be construed as defined in this section:

CITY

Shall mean the City of Compton, California.

CITY-FUNDED CONSTRUCTION PROJECT

Shall mean any construction project costing in excess of $1,000,000 that is funded by the City, in whole or in part, in any form or from any source (i.e. local, county, state, or federal funding), unless such source of funding contains provisions that expressly prohibit the application of any provisions of this section.

CONSTRUCTION PROJECT

Shall mean the construction, enlargement, expansion, improvement (excluding maintenance and repair), or rehabilitation of any public building, street, drain, sewer, park, playground, utility or any other City infrastructure, or any portion thereof, and includes, without limitation, alterations of existing public building, street, drain, sewer, park, playground, utility or any other City infrastructure, where such work both requires: (1) any applicable permits; and (2) includes work performed by contractors that are subject to the California Contractors' State License Law (California Business and Professions Code § 7000 et seq.).

CONTRACTOR

Shall mean any person, firm, partnership, corporation, joint venture or other legal entity that proposes to undertake and execute activities as related to a construction project.

FIRST SOURCE HIRING AGREEMENT

Shall mean an agreement entered into between a contractor and the City that implements the First Source Hiring Program provisions set forth in this section.

FIRST SOURCE HIRING PROGRAM

Shall mean the provisions of this section and any guidelines or policies adopted by the City to implement this section.

LOCAL RESIDENT

Shall mean any person whose primary residence is located in the City of Compton.

LOCAL RESOURCE CENTER

Shall mean that City department, designated by the City Manager, which is responsible for the administration of the First Source Hiring Program, including, but not limited to monitoring compliance with the Program for applicable City-funded construction projects.

[Ord. #2287]

a. The First Source Hiring Program requires all contractors hired by the City for City-funded construction projects to make a good faith effort to employ up to 50% of local qualified residents for available job openings.

b. Contractors for City-funded construction projects participating in the First Source Hiring Program shall enter into a First Source Hiring Agreement for the duration of the proposed construction project.

c. Contractors who are required to participate in the First Source Hiring Program may achieve their local qualified resident hiring goal by either utilizing the Local Resource Center or their own hiring methodology, provided that such approach can reasonably achieve their hiring goal.

d. Contractors who fail to adhere to the policies and procedures of the First Source Hiring Program set forth in the First Source Hiring Agreement may be considered in breach of contract.

[Ord. #2287]

a. Prior to the hiring of employees for City-funded construction projects, the contractor shall notify the Local Resource Center of the following information:

1. The number of available job openings;

2. A description of such vacancies including, but not limited to job qualifications and expectations, work salary and schedule, duration of employment, required standards of appearance, and any other special requirements (e.g. language skills, drivers' license, etc.); and

3. Whether it is requested that the Local Resource Center provide the contractor with a pool of job applicants who are local residents and qualified to meet the specific needs of contractors for the City-funded Construction Project.

b. Should the contractor decide to use their own hiring processes in order to comply with the program, the Local Resource Center shall not be responsible for the recruitment of targeted local resident applicants. However, the Local Resource Center shall continue to ensure that the contractor is adhering to the policies and procedures of the First Source Hiring Program as set forth in the First Source Hiring Agreement.

c. Once the Local Resource Center has been notified, the contractor and a specified City designee shall meet and confer to review the rules and regulations the contractor must follow in order to comply with the First Source Hiring Agreement.

d. The First Source Hiring Agreement shall at minimum address the following:

1. The minimum percentage of construction-related payroll that must be accomplished with local resident employee hours;

2. Definition of "good faith efforts," compliance and required procedures the contractor must follow in order to fulfill the requirements of the First Source Hiring Program;

3. Required record-keeping, documentation, and reporting frequency for demonstrating a contractor's compliance with the First Source Hiring Agreement; and

4. The schedule within which the above referenced procedures must be completed.

e. In the event that the contractor has not met the hiring goal, as established between City and the contractor, the City may require the contractor to provide reasons why it has not met the goal and the City may determine, considering the totality of the circumstances, whether the contractor has nonetheless breached the agreement.

[Ord. #2287]

a. Once a contractor of a City-funded construction project has notified the Local Resource Center of the requisite information and has met and conferred with a City designee, as stated in Subsection 4-15.4, the Local Resource Center must abide by the rules and regulations as set forth by the First Source Hiring Agreement.

b. The First Source Hiring Agreement, as it applies to the Local Resource Center, shall address at minimum the following:

1. Developing effective outreach, education, and recognition of contractors that participate in the First Source Hiring Program;

2. The process of how the targeted local resident hiring applicants that qualify for job openings will be referred to the contractor, and subsequently hired;

3. Requisite procedures that must be followed in the implementation of a customized job training program that would provide specialized training, requested by the contractor, for applicants they intend to hire tailored to the employer's particular needs;

4. How to monitor the progress of local-resident employees in the First Source Hiring Program;

5. The process of assisting contractors with reporting documentation and responsibilities; and

6. A schedule of when the preparation and submission of compliance reports are due.

c. Failure of the City to implement any of the activities described in this section shall not excuse the performance of a contractor of the obligations set forth in the applicable provisions of the First Source Hiring Agreement.

[Ord. #2287 adopted 7-5-2017]

Any contracts for City-funded construction projects existing with the City prior to the adoption of this section are not required to comply with the First Source Hiring Program and are not subject to the rules and regulations of the First Source Hiring Agreement.

§ 4-16. through § 4-21. (RESERVED)