Monterey Municipal Code Art. 2 Local Hiring for Public Works Projects

The purpose of this article is to create a policy that encourages contractors who receive City public works contracts to hire residents of the Monterey Bay Area. Unless excepted under section 28-72 herein, all City contracts for public works subject to the formal bidding requirements set forth in section 28-20(A) of this chapter shall contain provisions pursuant to which the contractor promises to make a good faith effort to hire qualified individuals who are residents of the Monterey Bay Area in sufficient numbers so that no less than 50% of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Monterey Bay Area residents. (Ord. 3254 §2, 1999)

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

a. Contractor.Any person or entity, which, pursuant to a written agreement or purchase order, provides labor or materials on public works projects for the City.

b. Days.Means calendar days unless otherwise specified.

c. Qualified Individual.A person who is specially trained, skilled, and experienced in the work, trade, or craft specified in the portion of the public work of improvement to be performed or who is enrolled in a certified state or federally approved apprenticeship program in the applicable trade or who is a journey person in his or her applicable trade.

d. Monterey Bay Area.Means Monterey County, San Benito County and Santa Cruz County.

e. Public Works Project.A project of public works improvement which is let by contact pursuant to the formal bidding procedures set forth in section 28-20(A) of this code.

f. Resident of the Monterey Bay Area.An individual who is domiciled within the boundaries of the Monterey Bay Area immediately preceding the date of the bid advertisement by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as rent/lease agreement, telephone and utility bills or payment bills, a valid California drivers license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the Monterey Bay Area.

g. Subcontractor.Any person or entity, which, pursuant to an agreement or purchase order with a City contractor or another subcontractor, participates in the provision of labor or materials on public works projects for the City.

The provisions of this article shall not apply under the following circumstances:

a.Whenever a state or federal law or regulation applicable to a particular contract prohibits the provision of a local hire requirement; or

b.Whenever the City, in accordance with the requirements of this Code or state law, determines that the contract is necessary to respond to an emergency which endangers the public health, safety, or welfare.

c.Whenever the City determines that a suitable pool of persons providing specialized skills, such as marine-related pile drivers, does not exist locally for a specific public works project.

Whenever an exception is imposed, the basis of the exception shall be include din the staff report to the City Council.

a.A contractor who is submitting a formal bid to the City for a public works project must promise to make a good-faith effort to hire qualified individuals who are residents of the Monterey Bay Area in sufficient numbers so that no less than fifty percent (50%) of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Monterey Bay Area residents.

b.A “good-faith” effort means the contractor will take the following or similar actions to recruit and maintain Monterey Bay Area residents as part of the construction workforce:

1.Contact local recruitment sources to identify qualified individuals who are Monterey Bay Area residents;

2.Advertise for qualified Monterey Bay Area residents in trade papers and newspapers of general circulation in the Area, unless time limits imposed by City do not permit such advertising.

3.If portions of the work are to be performed by subcontractors, identify qualified subcontractors whose workforce includes Monterey Bay Area residents; and

4.Develop a written plan to recruit Monterey Bay Area residents as part of the construction workforce.

c.Every bidder must complete and sign under penalty of perjury a Certification of Good-faith Effort to Hire Monterey Bay Area Residents, on the form provided in the City’s bid package, and submit said Certification with the sealed bid no later than the date and time of the bid opening. Bidder shall attach to the Certificate documentary evidence supporting bidder’s promise to meet or make a good-faith effort to meet the local hiring goal.

d.Contractor shall include in each and every subcontract relating to the project the requirement that the subcontractor promises to make a good faith effort to hire qualified individuals who are residents of the Monterey Bay Area. Contractor shall be responsible for subcontractor’s compliance under this article.

e.Prior to submitting bids, bidders shall ensure that any and all subcontractors listed in their bids are not disqualified at that time pursuant to section 28-78 herein. Prospective contractors may consult the list, available from the City Clerk, of contractors and subcontractors, if any, who are currently disqualified.

f.Contractors who have been disqualified pursuant to section 28-78 herein may not submit bids during the period of disqualification. Any bid received from a bidder who is currently disqualified will be returned to the bidder unopened.

a.Any subcontractor for work, laborers or materialmen relating to a project subject to this article will be required, in his or her contract with the prime contractor, to promise to make a good-faith effort to hire qualified individuals who are residents of the Monterey Bay Area.

b.A “good-faith effort” means the subcontractor will take actions such as those required of contractors pursuant to section 28-73(b) above to recruit and maintain Monterey Bay Area residents as part of subcontractor’s workforce. Subcontractor shall maintain documentary evidence of such actions.

c.Subcontractors who have been disqualified pursuant to section 28-78 herein may not be listed in a prime contractor’s bid for a City public works project and may not submit bids during the period of disqualification.

The City may declare a bid to be non-responsive under the provisions of this article for good cause including, but not limited to, the following circumstances:

a.If a bidder fails to complete and sign under penalty of perjury the Certification of Good-Faith Effort to Hire Monterey Bay Area residents and to submit said Certification with his or her sealed bid no later than the date and time of the bid opening; or

b.If a bidder fails to comply with the good-faith effort requirements set forth in section 28-73(b) herein; or

c.If a bidder or a subcontractor listed by the bidder has been disqualified pursuant to section 28-78 herein or any other disqualification action.

During the performance of the contract, the contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classification, hours employed, proof of qualified individual status, per diem wages and benefits of each person employed by the contractor on the specific public works project, including full-time, part-time, permanent and temporary employees. Contractor shall require any and all subcontractors on the project to maintain records of the same information for subcontractor’s work force on the project and shall require subcontractor to provide a copy of those records to contractor upon contractor’s request. Contractor shall make contractor’s and subcontractor’s records available to the City, upon request, within five working days.

All forms required under this article shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury.

If the City finds that a contractor to whom a City contract for public works has been awarded, or a subcontractor listed by contractor on a public works project, has failed to comply with the good-faith hiring provisions of Section 28-73(b) during the performance of the contract, the City may disqualify the contractor and/or subcontractor from bidding or being listed in any bid on any City contract for public works for a period of one (1) year from the date of the City’s disqualification for a period of three (3) years. The Finance Department shall keep a current list of all disqualified contractors and subcontractors on file. (Ord. 3472 § 16, 2012)

If the City Attorney has reasonable cause to believe that any contractor or subcontractor has knowingly committed any of the acts or omissions set forth in this article, the City Attorney may prosecute pursuant to the provisions of section 1-1.06 of this code.