[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.
A.
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.
B.
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.
C.
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.
D.
Material terms. The requirements of this chapter shall be material
terms of all contracts or agreements in which this chapter is incorporated.
E.
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.
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.
Any entity that is subject to the requirements of this chapter.
Any project that is undertaken subject to the requirements
of this chapter.
An entity either:
A construction project undertaken by a Developer, as defined
above.
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.
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.
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.
A.
Developers shall:
(1)
On all contracts solicited and awarded by a Developer, make a Good
Faith Effort to comply with this chapter.
(2)
On construction contracts, make a Good Faith Effort to include small
local businesses.
(3)
Before awarding a construction contract worth more than $250,000,
the Developer shall ensure that the Construction Contractor either
has arranged to:
(4)
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.
(5)
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:
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.
A.
For purposes of this chapter, a Good Faith Effort includes, but is
not limited to, the following steps:
(1)
At least three days prior to hiring for any job, providing the Village
written notification of employment opportunities for Residents;
(2)
Working closely and cooperatively with the Village to locate and
employ Residents;
(3)
Making reasonable modifications to crew structures to facilitate
employment of Residents;
(4)
Promptly contacting the Village if difficulty in reaching the goal
is anticipated or encountered;
(5)
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.
(6)
For subcontracts:
(a)
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;
(b)
At least two weeks before award of the subcontract in question,
advertising the opportunity to bid in the official newspaper of the
Village;
(c)
Holding a pre-bid meeting for small local businesses in which
opportunities for subcontracts are described and can be discussed;
(d)
Providing pre-bid technical assistance to small local businesses
that have expressed interest in bidding;
(e)
Engaging in one-on-one review of bids submitted by small local
businesses;
(f)
Working with the Village to help small local businesses who
might participate obtain bonding and insurance;
(g)
Where feasible, facilitating joint venturing and second-tier
subcontracting in an effort to include small local businesses in the
project; and
(h)
Where feasible, breaking down large subcontracts into smaller
subcontracts where doing so would make small local business participation
possible.
B.
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.
C.
Nondiscrimination. Construction Contractors shall not discriminate
against Residents in any terms and conditions of employment, including
retention, promotions, job duties, and training opportunities.
A.
Monitoring by the Village.
(1)
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.
(2)
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.
B.
Enforcement by the Village.
(1)
The following procedures shall be followed when the Village Manager
determines that there has been a violation of this chapter:
(a)
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.
(b)
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.
(c)
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.
(d)
The Village Board, at its sole discretion, may take any or all
of the following actions:
[1]
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.
[2]
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.
[3]
Termination of contract. The Village may terminate for cause
any contract or other agreement between the Village and the Covered
Entity.
[4]
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.
[5]
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.
[6]
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.
