§ 5.08.120. Local employment—Public works contractors.

A.

Findings. The Board of Supervisors of the County of Monterey finds and declares as follows:

1.

Unemployment rates in Monterey County have been consistently higher than in California as a whole. The average annual unemployment rate in Monterey County in 1995 was 12.5 percent. The unemployment rate fluctuates seasonally because of the seasonal nature of many of the major industries in the County such as agriculture, food processing, construction, and tourism, with unemployment reaching as high as 19.1 percent in January 1995 for example. Closures of large food processing plants since 1980 and the downsizing and conversion in use of Fort Ord have also resulted in job layoffs. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996.)

2.

The economy and employment in the County have begun to improve. For example, from February 1996 to June 1996, the number of jobs in the County increased in the farm sector as well as in the service and retail trade sectors. However, the number of jobs in the construction industry during the period did not grow. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996.)

3.

The Monterey County Overall Economic Development Commission has concluded that Monterey County needs an expanding employment base; most employment opportunities in the County arise when existing jobs become vacant, whereas expansions account for new job creation in other areas. (Source: 1996 Annual Report of the Monterey County Overall Economic Development Commission, June 1996, p. 18.)

4.

A policy that encourages contractors who receive County public works contracts to hire residents in the Monterey Bay Area will benefit the County as a whole. The policy will provide job opportunities to County residents, expand the County's employment base, and lessen the drain on public assistance resources caused by high unemployment.

B.

General Provisions.

1.

All County contracts for public works of improvement shall contain provisions pursuant to which the contractor shall make a good-faith effort to employ qualified individuals who are, and have been for at least one (1) year out of the past three (3) years prior to the opening of bids, residents of the Monterey Bay Area in sufficient numbers so that no less than fifty (50) percent of the contractor's total construction work force, on that particular contract, including any subcontractor work force (with exception of specialty subcontractor items identified in bid items) measured in labor work hours, is comprised of Monterey Bay Area residents.

2.

Required Documentation.

a.

The contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classifications, hours worked, proof of journeyperson or apprenticeship status, per diem wages and benefits of each person employed by the contractor, the contractor's subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees, make sure records are available to the County with submission of final certified payroll records prior to final payment.

b.

The contractor shall keep, and provide to the County, on forms acceptable to the County, an accurate record documenting compliance with this chapter. Said records shall include: a listing by name and business 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 contract, and the identity of business address of the person(s) hired pursuant to the contact.

c.

At the conclusion of each project and at other intervals as may be deemed appropriate by the project manager, the contractor shall provide a summary report of the percentage of actual labor work hours performed by Monterey Bay Area residents for each prime and subcontractor assigned to the project.

C.

Non-responsive Bidder Declaration — Enforcement. If any contractor submitting a bid for a contract for public works of improvement fails to abide by the good-faith local hiring provisions of this Section, the contractor may be declared by the Board to be a non-responsive bidder for purposes of this Chapter. If a contractor lists in his or her bid a subcontractor who is currently disqualified under the terms of this Section, the Board may declare said contractor to be a non-responsive bidder for purposes of this Chapter. If the Board finds that a contractor to whom a contract for public works of improvement has been awarded has failed to comply with the good-faith hiring provisions of this Section during the performance of the contract, the Board may disqualify the contractor from bidding on any County contract for public works of improvement for a period of one year from the date of the Board's disqualification. A subsequent violation of this Section by a contractor may result in disqualification by the Board for a period of three years from the date of the subsequent disqualification.

D.

Binding on Subcontractors. Every contractor entering into a contract for public works of improvement subject to the provisions of this Section shall include in each and every subcontract for work, laborers, or material relating to the project the requirement that the subcontractor promises to make a good-faith effort to hire qualified individuals who are, and have been for at least one year prior to the opening of bids, residents of the Monterey Bay Area. If the Board finds that any subcontractor has failed during the performance of the subcontract to comply with its promise to contractor, the Board may disqualify said subcontractor from submitting or being listed in any bid for any County contract for public works of improvement for a period of one year from the date of the Board's disqualification. A subsequent violation by a subcontractor may result in disqualification by the Board for a period of three years from the date of the subsequent disqualification.

E.

Disqualification List. The Clerk to the Board shall keep on file a list containing the names of the currently disqualified contractors and subcontractors, if any, and the dates of their respective disqualification periods. After a contractor's or subcontractor's disqualification period expires, the Clerk shall expunge the name of the contractor or subcontractor from the list, but the Clerk to the Board shall keep a separate record of the names of those who have been but are no longer disqualified and the period of their disqualification. Any County department managing the bidding procedures for a County contract for public works of improvement shall have on file at the department the Clerk's list of currently disqualified contractors and subcontractors, and the department shall permit prospective bidders to review said list.

F.

Exceptions. The provisions of this section shall not apply where the provision would conflict with a State or Federal law or regulation applicable to a particular contract for public works of improvement or where the Board, in accordance with the requirements of this Code or State law, determines that the contract is necessary to respond to a declared emergency which endangers the public health, safety, or welfare and that there is not time to apply the provisions of this section.

G.

Rules and Regulations. The Purchasing Agent shall prescribe rules, regulations, and procedures relating to the application, administration, and interpretation of the provisions of this Section. The rules, regulations, and procedures shall be consistent with the provisions of this Section and may specify details and forms to be used.

H.

Definitions. For the purpose of this Section, the following terms have the meanings indicated:

1.

"Board" shall mean the Monterey County Board of Supervisors.

2.

"Qualified individual" shall mean 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.

3.

"Resident of Monterey Bay Area" shall mean a person who resides within the boundaries of Monterey County, Santa Cruz County, or San Benito County.

4.

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:

a.

Contact local recruitment sources, including local hiring halls, to identify qualified individuals who are Monterey Bay Area residents;

b.

Advertise for qualified Monterey Bay Area residents in trade papers, electronic/"on-line" sources, and newspapers of general circulation in the Monterey Bay Area, unless time limits imposed by County do not permit such advertising;

c.

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

d.

If current workforce does not exceed the fifty (50) percent local requirement, develop a written plan to recruit Monterey Bay Area residents as part of the construction workforce.

I.

Forms Submitted Under Penalty of Perjury. Contractors submitting forms required under this Section shall, on any such form, certify in writing under penalty of perjury that the submission is true and correct.

(Ord. No. 5210, §§ 1—4, 12-11-2012; Ord. 3954, 1998; Ord. 3954, 1998; Ord. 3906, 1997)

Editor's note

Ord. No. 5210, § 1, adopted December 11, 2012, changed the title of Section 5.08.120 from "Local hiring—Public works contractors" to "Local employment—Public works contractors." The historical notation has been preserved for reference purposes.