§ 66-76. Local workforce.

(a)

Definitions . When used in this section, the following term is to be defined and construed as follows:

Local resident means a person who resides at a physical address within the city limits. A post office box or location at a postal service center shall not constitute a physical business address.

Road and right-of-way work means work in the city right-of-way related to road or public utilities construction, but does not include routine maintenance and minor tasks. Road construction does not include pavement patching, shoulder repair, pavement striping and other similar activities as determined by the procurement official.

(b)

Application . The local workforce requirement shall be applicable to city construction contracts: 1) for utility work or road and right-of-way work; 2) with a contract price in excess of $200,000; and 3) with an on-site labor component greater than or equal to 25 percent of the contract value.

(c)

Local workforce requirement . Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations provided in state, federal, or city laws, regulations, or grant requirements, contractors for applicable utility work and road and right-of-way construction work shall employ a minimum of 15 percent of on-site labor, from persons residing within the municipal boundaries of the city. Determination of the local workforce participation may include employees of both the contractor and it subcontractors to meet the requirement. The city residency of the onsite labor component will be subject to verification by the city.

(d)

Procurement specifications . The local workforce requirement shall be included in the procurement specifications and solicitations for all applicable construction contracts on which bids or proposals are solicited. The procurement specifications shall include a requirement that contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance with this section upon request from the city.

(e)

Job fair . For contracts with a contract price over $1,000,000.00, the contractor shall be required to hold one job fair within the city for the purpose of encouraging local workforce participation.

(f)

Verification . The contractor shall provide the names, addresses and employer of each local workforce employee and shall certify compliance with these local workforce requirements as a part of each pay application and invoice.

(g)

Waiver . The application of the local preference to any particular contract award may be waived by the procurement official upon written determination by the procurement official, prior to the issuance of a competitive solicitation, that the requirements are not feasible for the specific solicitation and such waiver would be in the best interests of the city.

(Ord. No. 4762-17, § 2, 2-12-2018, eff. 5-1-2018)