Part 3 — ADDITIONAL MINIMUM LABOR STANDARDS

A Private Construction Project must comply with the additional minimum labor standards set forth in this Part 3 if it accepts a Subsidy from the City.

(Ord. 30292)

A.

The Private Construction Project must use Good Faith Efforts to have Local Residents perform at least thirty (30) percent of the Total Work Hours.

B.

The local hire requirement does not apply if, during the month that the Private Construction Project accepts the Subsidy from the City, the unemployment rate for the construction industry in Santa Clara County, as published by the Employment Development Department or some equivalent government publication covering that month, is equal or less than four (4) percent.

(Ord. 30292)

The Private Construction Project must use Good Faith Efforts to hire Underrepresented Workers as entry- level apprentices to perform twenty-five (25) percent of the total apprentice hours.

(Ord. 30292)

A.

Nothing in this Part 3 is intended to limit the ability of a contractor or subcontractor to assess qualifications of prospective workers, or to make a final hiring decision.

B.

No provision of this Part 3 shall be interpreted to require a contractor or subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker.

(Ord. 30292)

A.

The City's Department of Public Works is responsible for promulgating regulations and procedures for the administration and enforcement of this Part 3.

B.

Such regulations and procedures, including those related to complying with the Good Faith Efforts requirements of this Part 3, must impact union and nonunion employees equally and must neither encourage nor discourage the collective-bargaining process.