City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fitchburg 3-18-1997 by Ord. No. 195-96. Amendments noted where applicable.]
GENERAL REFERENCES
Purchasing Division — See Ch. 3, Art. XXIV.
Contracts and proposals — See Ch. 21, Art. II.
The City Council finds and determines that there is significant unemployment and underemployment among residents of the City of Fitchburg; that this unemployment and underemployment has a direct and deleterious impact on all areas and neighborhoods within the City and on the economic development and health of the City; that the City expends municipal funds raised by taxes imposed on Fitchburg residents and state and federal funds committed to the City for public buildings, public construction, public works contracts and public services of all kinds; that a significant portion of employees engaged in these projects are residents of other municipalities within the commonwealth; and that the jobs preference program established by this chapter will alleviate the economic and social ills created by this unemployment or underemployment.
As used in this chapter, the following terms shall have the meanings indicated:
CITY
City of Fitchburg.
EMPLOYEE
Any person employed for hire in any lawful employment.
EMPLOYER
Any person, corporation, partnership or other entity engaging employees.
FITCHBURG RESIDENT
Any person for whom the principal place where that person normally sleeps and maintains his or her personal and household effects is within the City of Fitchburg.
PROJECT
Any new construction, expansion, alteration, rehabilitation, reconstruction, installation, demolition, maintenance or repair of any building or any public work or public improvement funded in whole or in part by City funds or federal or state funds administered by the City.
The Fitchburg Employment Ordinance has the following objectives:
A. 
To ensure that local resources and funds raised or controlled by the City and used for municipal projects are wisely invested in the City to provide that maximum benefits that accrue from those projects, including employment opportunities, will be made available to Fitchburg residents.
B. 
To maintain and increase, wherever possible, the employment opportunities for Fitchburg residents, especially those who are unemployed or underemployed.
C. 
To alleviate the economic suffering of unemployed and underemployed persons in the City of Fitchburg and the economic effect of the unemployment and underemployment.
D. 
To achieve these goals and objectives consistent with applicable law, including Art. IV, § 2, cl. 1 of the Constitution of the United States. To this end when the provision of any federal or state statute or regulation or federal or state constitution prohibit any requirement of this chapter, this chapter shall be construed as to prohibit the requirement as well.
E. 
No substantive or procedural requirement of this chapter shall be construed to place any burden on or to discriminate against the employment of any person from any other state, possession or territory of the United States.
On any project the contractor and/or subcontractor selected shall comply with the following:
A. 
He or she shall endeavor to hire employees who are Fitchburg residents.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
He or she shall not discriminate against residents of other states, possessions or territories of the United States but, consistent with this prohibition, shall assure that at least 50% of the total employee hours shall be performed by bona fide Fitchburg residents.
[Amended 6-3-2014 by Ord. No. 100-2014]
C. 
For all developers, contractors and subcontractors bidding in excess of $10,000 on such projects, any apprentices hired shall be indentured to a bona fide apprenticeship program approval by the Commonwealth of Massachusetts.
D. 
A waiver from the requirements of this section may, in certain circumstances, be granted in accordance with § 42-5 of this chapter.
The City's Purchasing Agent[1] may waive any of the above requirements, except those required by the Constitution or federal law, to a contractor or a subcontractor upon a proper showing that it is not feasible for him, for good cause shown, to comply despite having made a bona fide attempt to comply with the criteria and procedures established by the City. The Purchasing Agent shall establish criteria and procedures for compliance herewith and shall report to the City Council on the same at least once per year.
[1]
Editor's Note: The titles "Purchasing Agent" and "Procurement Officer" were changed to "Chief Procurement Officer" 3-5-2013 by Ord. No. 042-2013; see Ch. 3, Art. XXIV.
A. 
The City Purchasing Agent[1] shall be responsible for enforcing and monitoring compliance with the provisions of this chapter and shall have authority to promulgate reasonable regulations to implement the chapter and to assist contractors, subcontractors and developers to fulfill their obligations hereunder.
[1]
Editor's Note: The titles "Purchasing Agent" and "Procurement Officer" were changed to "Chief Procurement Officer" 3-5-2013 by Ord. No. 042-2013; see Ch. 3, Art. XXIV.
B. 
When a contract, subject to this chapter is executed, the department responsible for the contact shall notify the Purchasing Agent if the Purchasing Agent was not involved in the preparation of the contract.
C. 
At least one week before the start of construction, the contractor shall provide the following information:
(1) 
The scope of construction.
(2) 
Construction time schedule.
(3) 
Protected number of employees and employee hours.
(4) 
The types of trades to be hired.
D. 
When construction begins, the contractor shall submit weekly workforce reports listing the following:
(1) 
Names of employees.
(2) 
Residential address of each employee.
(3) 
Craft of each employee.
(4) 
Job category of each employee.
(5) 
Hours worked by each employee.
(6) 
Hourly wage of each employee.
E. 
The Purchasing Agent shall review the information to enforce this chapter.
A. 
If any contractor is not in compliance with this chapter, the Purchasing Agent[1] shall give written notice to the contractor. If the contractor has not achieved compliance within seven days, the purchasing agent may take any one or more of the following actions:
(1) 
Assess a civil penalty of $300 per day of violation.
(2) 
Suspend contract payments until compliance is achieved.
(3) 
Terminate the contract.
[1]
Editor's Note: The titles "Purchasing Agent" and "Procurement Officer" were changed to "Chief Procurement Officer" 3-5-2013 by Ord. No. 042-2013; see Ch. 3, Art. XXIV.
B. 
Every municipal contract with any developer or contractor shall contain the following clause: "It shall be a material breach of this contract if the contractor or developer and each subcontractor on a craft-by-craft basis shall not provide at least fifty percent of the total employee work hours in every trade, at every tier to be performed by bone fide Fitchburg residents. The contractor/developer shall include a reference to this ordinance and the requirements imposed by it in all subcontracts. For purposes of this clause, work performed by persons filling apprenticeship and on-the-job training positions shall be included. The contractor shall submit to the purchasing agent weekly workforce lists listing each of his or her employees and those of the subcontractors of all tiers by name, residential address, craft, job category and hours worked. Any person who provides false information regarding residential address shall be subject to a fine of $300.00. The purchasing agent may exercise any of the remedies described in Sections 7A of the ordinance for any violations."
[Amended 6-3-2014 by Ord. No. 100-2014]