[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 5-3-2011 by L.L. No. 5-2011. Amendments noted where applicable.]
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.
This chapter shall cover projects receiving a contract or benefit from the Village of Monticello valued at over $50,000, as described below. A "benefit" is 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, land sale, a ground lease, or other project. "Contract" shall mean any public works contract awarded by the Village on its own behalf, or on behalf of a special district located within the Village.
The Village shall apply this chapter in a substantially similar manner to all projects in the Village of Monticello that shall be subject to this chapter. The entirety of this chapter shall therefore be included in all development agreements, owner participation agreements, and other contracts entered into by the Village as set forth in this chapter.
To the extent that this chapter conflicts with any state or federal law, regulation, policy or other requirement regarding hiring that applies to any Contract, Development Contract or Village Project as those terms are defined below, the state or federal requirement shall supersede this chapter only to the extent necessary to comply with the state or federal requirement. All other requirements of this chapter shall continue to apply.
Material terms. The requirements of this chapter shall be material terms of all contracts or agreements in which this chapter is incorporated.
Intended beneficiaries. The Village is the intended third-party beneficiary of all contracts and other agreements that incorporate this chapter. The Village shall therefore have the right to enforce the provisions of this chapter against all parties incorporating this chapter into contracts or other agreements.
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.
- 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.
- 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.
- An entity either:
- DEVELOPMENT PROJECT
- A construction project undertaken by a Developer, as defined above.
- 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.
- A resident of the Village of Monticello.
- SMALL LOCAL BUSINESS
- A business that:
- 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.
- The Village of Monticello.
- 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.
On all contracts solicited and awarded by a Developer, make a Good Faith Effort to comply with this chapter.
On construction contracts, make a Good Faith Effort to include small local businesses.
Before awarding a construction contract worth more than $250,000, the Developer shall ensure that the Construction Contractor either has arranged to:
On service contracts, supply contracts, and small construction contracts, make Good Faith Effort to award contracts to small local businesses and to hire Village Residents.
Cooperate with Village monitoring efforts. When the Village attempts to monitor compliance with this chapter, Developers shall cooperate by providing requested information or granting access to job sites if necessary. If a Developer disagrees with a finding by the Village Manager that the Developer was not in compliance with this chapter, the Developer may present the issue to the Board of Trustees.
Construction Contractors shall:
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.
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.
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.
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.
For purposes of this chapter, a Good Faith Effort includes, but is not limited to, the following steps:
At least three days prior to hiring for any job, providing the Village written notification of employment opportunities for Residents;
Working closely and cooperatively with the Village to locate and employ Residents;
Making reasonable modifications to crew structures to facilitate employment of Residents;
Promptly contacting the Village if difficulty in reaching the goal is anticipated or encountered;
Maintaining a file on the job site of the names and addresses of each Resident referred to the Construction Contractor from any source, and, for Residents not hired, the reasons therefor; and if a union hiring hall with which the Construction Contractor has a collective bargaining agreement fails to refer a Resident requested by that Construction Contractor, advise the Village.
At least two weeks before award of the contract in question, providing notification of subcontracting opportunities and procedure for bidding on all contracts to small local businesses on a list provided by the Village; such notification shall include project specifications, location of the project, contact information for the Construction Contractor's representative who is familiar with the project, trades required, and bonding and insurance requirements for the contract;
At least two weeks before award of the subcontract in question, advertising the opportunity to bid in the official newspaper of the Village;
Holding a pre-bid meeting for small local businesses in which opportunities for subcontracts are described and can be discussed;
Providing pre-bid technical assistance to small local businesses that have expressed interest in bidding;
Engaging in one-on-one review of bids submitted by small local businesses;
Working with the Village to help small local businesses who might participate obtain bonding and insurance;
Where feasible, facilitating joint venturing and second-tier subcontracting in an effort to include small local businesses in the project; and
Where feasible, breaking down large subcontracts into smaller subcontracts where doing so would make small local business participation possible.
Existing workforce. The existence of a crew or workforce usually employed by a Construction Contractor shall not affect the Construction Contractor's responsibilities under this chapter.
Nondiscrimination. Construction Contractors shall not discriminate against Residents in any terms and conditions of employment, including retention, promotions, job duties, and training opportunities.
Monitoring by the Village.
Monitoring activities. The Village Manager, or his designee, shall monitor compliance with this chapter. Monitoring activities may include requests to produce documentation, site visits, interviews, review of required reports, and any other monitoring activities the Village reasonably finds necessary to assess compliance with this chapter. Covered Entities shall cooperate fully and promptly with any inquiries the Village deems necessary in order to monitor compliance with this chapter. The Village Manager, or his designee, may review a Covered Entity's compliance with this chapter either on its own initiative or after receiving a complaint or inquiry from a member of the public or Village staff member.
Certified payroll. When a Construction Contractor or Developer is required to provide certified payroll records to the Village, the payroll record must indicate the Resident status of each worker listed on the certified payroll.
Enforcement by the Village.
The following procedures shall be followed when the Village Manager determines that there has been a violation of this chapter:
Notice of violation. When the Village Manager, or his designee, determines that there has been a violation of this chapter, it shall notify the Covered Entity alleged to be in violation. Such notification shall be in writing, and shall specify the precise measures necessary to correct the violation.
Good faith resolution efforts. If the Covered Entity does not correct the violation within 10 business days, the Covered Entity and the Village Manager, or his designee, shall make a Good Faith Effort to hear all sides and to negotiate a resolution.
Referral to Village. If the Covered Entity and the Village Manager or designee cannot negotiate a resolution within 30 days of the notice of violation, the Village Manager or designee shall refer the matter to the Village Board for enforcement efforts.
The Village Board, at its sole discretion, may take any or all of the following actions:
Arbitration. The Village may refer the dispute to binding arbitration to be conducted in accordance with the rules of the American Arbitration Association regarding arbitration of commercial disputes. Each party shall bear its own costs of such arbitration, and the parties shall equally split the cost of the arbitrator. The arbitrator, upon hearing the matter, may provide for specific enforcement of this chapter, injunctive relief against the Covered Entity or liquidated damages as described below.
Enforcement by courts. The Village may file a legal action in a court of law to enforce this chapter, seeking specific enforcement of this chapter, injunctive relief against the Covered Entity and/or monetary damages.
Termination of contract. The Village may terminate for cause any contract or other agreement between the Village and the Covered Entity.
Withholding of funds. If the Covered Entity is owed any payments by the Village, whether by contract or other agreement, the Village may withhold all or a portion of such payment in an amount that the Village deems commensurate with the violation as liquidated damages. If the Covered Entity is a subcontractor on a Village Project, the Village may withhold the subcontractor's representative share of progress payments to the prime contractor.
Suspension or revocation of construction permit. If the Covered Entity is performing work requiring a construction permit or similar permit issued by the Village, the Village may suspend or revoke the construction permit or similar permit, and/or may issue a stop-work order.
Declaration of ineligibility. The Village may declare the Covered Entity ineligible for participation in future Development Projects or Village Projects for a period of three years or until liquidated damages and other restitution have been paid in full, whichever is longer.