Sand City Municipal Code Ch. 12.20 Local Hiring—contractors Providing Public Works and Public Improvements

For the purpose of this chapter, certain words and phrases shall mean:

"Qualified individual"

shall mean an individual enrolled in a certified State or federally approved apprenticeship program in an applicable trade or an 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 years experience in each applicable craft by declaring under penalty of perjury that his or her sworn statement of experience is complete and correct.

"Local resident"

shall mean persons who maintain a permanent residence for not less than one year immediately preceding the date of the award of contract to perform labor in either Santa Cruz, Monterey, or San Benito counties. A worker who is a building trade apprentice whose local hiring hall has jurisdiction over the Monterey Bay Area is also deemed a resident of either Santa Cruz, Monterey or San Benito counties.

(Ord. 99-05 §1)

The City of Sand City and surrounding communities have encountered considerable economic displacement due to the closure of Fort Ord. This economic displacement has resulted in higher than average unemployment rates in comparison to other coastal urban areas of California. Therefore, the City finds it necessary to encourage local employment as specified by this chapter.

(Ord. 99-05 §1)

Unless preempted by State or federal law or exempt under Section 12.20.050 of this chapter, all formal bids as identified in Section 12.20.040 shall contain contractual provisions requiring the contractor to make good-faith efforts, with the assistance of the Employment Development Department and/or local recruitment sources to hire qualified local residents in sufficient numbers so that no less than 80% is comprised of qualified individuals.

(Ord. 99-05 §1)

Records of compliance with this chapter shall be maintained in the manner prescribed by this section.

A. The 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 business days.

B. Record of Compliance. The 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. Forms Submitted Under Penalty of Perjury. All forms required under this chapter shall be attested as true as to the information set forth therein and shall be submitted under penalty of perjury.

D. Binding on Subcontractors. 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 Section 12.20.040(B).

(Ord. 99-05 §1)

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. Construction, remodeling or rehabilitation of any public building, structure or site improvement for which a bid package has been approved before the adoption of this chapter.

C. Projects where federal or State law prohibit imposing a local hiring preference.

D. Any project constructed using City employees.

E. Any project constructed under the direction of a non-profit community organization in which volunteer labor constitutes more than 50% of labor.

(Ord. 99-05 §1)

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 shall notify the contractor or subcontractor of said code violation and shall declare the contractor or subcontractor an irresponsible bidder for purposes of this chapter. Furthermore, if the Council finds that the contractor or subcontractor has failed to meet the good-faith effort local hiring provisions of this chapter, the Council may disqualify the contractor from bidding on any City contract for public works for a period of one year from the date of the Council's disqualification action. A subsequent violation of this chapter by a contractor may result in disqualification by the Council for a period of three years from the date of the subsequent disqualification.

(Ord. 99-05 §1)