For brevity and ease of communication, this chapter may be cited
as the "Village's Local Hiring Law."
The general purpose of this chapter is to increase employment
opportunities for qualified Residents of the Village of Monticello
and to encourage the hiring of such qualified persons for work on
qualified construction projects of the Village.
As used in this chapter, the following capitalized terms shall have the following meanings. All definitions include both the singular and plural form. Definitions in this §
179-4 apply to all sections of this chapter.
BENEFIT
A direct or indirect assistance by the Village to a Developer
that materially benefits the Developer, including, but not limited
to, grants or loans of funds administered by the Village, tax abatements
or deferrals, issuance of bonds, and infrastructure improvements made
for the purpose of facilitating or supporting a Development Project.
CONSTRUCTION CONTRACTOR
A prime contractor or a subcontractor performing construction
work related to a Village Project, a Development Project, or any other
covered project, including subcontractors.
CONTRACT
Any public works contract awarded by the Village on its own
behalf, or on behalf of a special district located within the Village.
COVERED ENTITY
Any entity that is subject to the requirements of this chapter.
COVERED PROJECT
Any project that is undertaken subject to the requirements
of this chapter.
DEVELOPER
An entity either:
A.
Entering into a development agreement, a grant disbursement
agreement, a loan agreement, or a similar agreement with the Village;
or
B.
Receiving a Benefit from the Village.
GOOD FAITH EFFORT
Honesty in fact and the observance of reasonable commercial
standards of fair dealing. A Good Faith Effort shall include, but
not be limited to, the specific steps set forth in this chapter.
RESIDENT
A resident of the Village of Monticello.
SMALL LOCAL BUSINESS
A business that:
A.
Maintains its primary office at an established commercial or
residential address in the Village (not including temporary offices,
movable offices, or post office boxes); and
B.
Has been in existence for at least six months.
SUBSIDY
Direct or indirect assistance by the Village to a Developer
that materially benefits the Developer, including, but not limited
to, grants or loans of funds administered by the Village, tax abatements
or deferrals, infrastructure improvements made for the purpose of
facilitating or supporting a development project, land sale, or a
ground lease.
VILLAGE PROJECT
A project either undertaken directly by the Village of Monticello
or receiving a contract or benefit from the Village of Monticello
valued at over $50,000.
Construction Contractors shall:
A. Meet a 20% employment goal for Residents. Twenty percent of all work-hours
in each trade shall be performed by Residents of the Village, or,
if that goal cannot be met, then of Sullivan County, or, if that goal
cannot be met, then the Construction Contractor shall make a Good
Faith Effort to comply to the maximum extent practicable. For purposes
of this subsection, a Good Faith Effort includes, but is not limited
to, such steps as notifying the Village of employment opportunities,
and making reasonable modifications to crew structures to facilitate
employment of Residents.
B. Construction Contractors shall require their subcontractors to comply
with this chapter. Therefore, all Construction Contractors shall include
a copy of this chapter in all subcontracts and make compliance herewith
a material term of the subcontract. When awarding subcontracts, meet
a 20% subcontracting goal for small local businesses, or make a Good
Faith Effort to do so.
C. Cooperate with Village monitoring efforts and reporting requirements.
Within three days of awarding any subcontract, Construction Contractors
shall notify the Village and report whether the contract complied
with the requirements of this chapter, or, if it did not, the Construction
Contractor shall set forth what steps were taken to comply. When the
Village is attempting to monitor compliance with this chapter, Construction
Contractors shall cooperate by providing requested information or
granting access to job sites if necessary. If a Construction Contractor
disagrees with a finding by the Village Manager or his designee that
a Construction Contractor was not in compliance with this chapter,
the Construction Contractor may present the issue to the Board of
Trustees.
D. Designation of contact person. At time of award of a Contract to
perform work as part of a Village Project or any other covered project,
each Construction Contractor shall designate a contact person for
all matters related to implementation of this chapter. Each Construction
Contractor shall forward the name, address and phone number of the
designated individual to the Village Manager. If the contact person
changes, the Construction Contractor shall immediately notify the
Village Manager.