Chapter 3.10
CITY OF PALMDALE ECONOMIC OPPORTUNITIES PROGRAM

Sections:

3.10.010    Findings.

3.10.020    Provision of employment opportunities.

3.10.030    Resident of the Antelope Valley.

3.10.040    Good faith effort.

3.10.050    On-the-job training for local residents.

3.10.060    Required documentation.

3.10.070    Forms submitted under penalty of perjury.

3.10.080    Binding on subcontractors.

3.10.090    Declaration of non-responsive bidder.

3.10.100    Declaration of irresponsibility.

3.10.110    Finding of noncompliance.

3.10.120    Disqualification.

3.10.130    City Attorney prosecution.

3.10.140    Contracts, solicitations, bid documents, subcontracts.

3.10.010 Findings.

The City Council of the City of Palmdale finds and declares as follows:

(A) Unemployment rates in Palmdale have been consistently higher than in California as a whole. The average annual unemployment rate in Palmdale as of July 2007 was 6.8 percent. (Source: State of California, Employment Development Department, Labor Market Information Division Labor Force Data For Sub-County Areas. http://www.calmis.ca.gov/file/lfmonth/lasub.xls)

(B) Statistics indicate that the higher unemployment level in the City of Palmdale correlates to a higher number of families living in poverty and to a higher crime rate.

(C) Due to the lack of local jobs, approximately 32 percent of the work force residing in the City of Palmdale is forced to commute long distances to find work, causing increased traffic on state highways, increased pollution, increased use of gas and other fuels and other serious environmental impacts.

(D) Because of the lack of local jobs, many residents of the Antelope Valley must leave for work very early in the morning and return late in the evening, often leaving children and teenagers alone and unsupervised during the hours between school and the parents’ return from work outside the area.

(E) Absentee parents and unsupervised youth can result in increased problems for families, communities and the City of Palmdale; including but not limited to increased crime, more frequent and more serious injuries, poor homework accomplishments, failing grades and increased high school drop out rates.

(F) The City Council of the City of Palmdale has concluded that Palmdale and the Antelope Valley need an expanding employment base and that most employment opportunities in the Antelope Valley arise when existing jobs become vacant, whereas expansions account for new job creation in other areas.

(G) A policy that encourages contractors who receive city contracts to hire residents of the Antelope Valley will benefit the City as a whole. The policy will provide job opportunities to City residents, expand the City’s employment base, lessen the drain on public assistance resources and reduce the impacts on the environment caused by high unemployment and long commuting times to jobs outside the area. (Ord. 1334 § 1, 2007)

3.10.020 Provision of employment opportunities.

Unless such provision would conflict with a state or federal law or regulation applicable to a particular contract, all City contracts exceeding $50,000 for services, repairs, maintenance, and construction of public works or improvements shall contain provisions pursuant to which the contractor agrees to make a good faith effort, with the assistance of local employment agencies, hiring halls and other local organizations, to hire qualified individuals who are residents of the Antelope Valley in sufficient numbers so that no less than 50 percent of the contractor’s total work force, including any subcontractor work force of subcontractors performing one-half of one percent of the work, for the particular contract, is comprised of residents of the Antelope Valley; provided, however, this requirement shall not apply to contracts for professional services. (Ord. 1334 § 1, 2007)

3.10.030 Resident of the Antelope Valley.

“Resident of the Antelope Valley” means an individual who is legally domiciled within Antelope Valley immediately preceding the date of the notice of solicitation or bid advertisement by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment bills, a valid California driver’s license or identification card, and/or any other similar, reliable evidence that verifies that the individual is legally domiciled within Antelope Valley.

For the purposes of this chapter, the following ZIP Code areas are considered to be within Antelope Valley: 93501, 93502, 93504, 93505, 93510, 93516, 93523, 93524, 93532, 93534, 93535, 93536, 93539, 93543, 93550, 93551, 93552, 93553, 93560, 93584, 93586, 93590, 93591, 93596, and 93599, which includes the cities of Acton, Boron, California City, Edwards Air Force Base, Elizabeth Lake, Lake Los Angeles, Lancaster, Littlerock, Mohave, Palmdale, Pearblossom and Rosamond. (Ord. 1334 § 1, 2007)

3.10.040 Good faith effort.

A bidder or contractor who fails to meet the goal of having 50 percent of their work force be current residents of the Antelope Valley shall, nevertheless, be deemed to have made a “good faith effort” to hire sufficient numbers of residents of the Antelope Valley if, prior to execution of the contract with the City, at least nine of the following employee recruitment activities have been undertaken and documented:

(A) Placing a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.

(B) Placing a valid job order for existing and projected position vacancies with the South Valley Work Source Center, for no less than 10 consecutive calendar days.

(C) Advertising existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.

(D) Conducting a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).

(E) Providing ongoing assistance to Antelope Valley residents in completing job application forms.

(F) Conducting a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).

(G) Establishing a job application center located in the City of Palmdale, where job applications may be obtained, delivered to and collected.

(H) Conducting job interviews within 10 miles of the location designated for contract performance.

(I) Advertising valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

(J) Telephone solicitation of known potential local subcontractors or employees.

(K) Any other means of obtaining employees who are residents of the Antelope Valley, which are reasonably calculated to comply with the Equal Opportunities Program goal. (Ord. 1334 § 1, 2007)

3.10.050 On-the-job training for local residents.

Ongoing participation in a state-certified apprenticeship or on-the-job training program, where apprentices or trainees who are residents of Antelope Valley are utilized in the performance of the City contract, will satisfy the “good faith effort” requirement as follows: Credit for three of the above listed employment recruitment activities will be allotted for each apprentice or trainee who is a resident of Antelope Valley and is utilized throughout the entire City contract. (Ord. 1334 § 1, 2007)

3.10.060 Required documentation.

(A) Together with submission of the bid or price quotation, the bidder or contractor shall submit a statement explaining how they and their subcontractors propose to meet the requirements of this chapter, i.e., that 50 percent or more of their work force for the contract will be residents of the Antelope Valley or that the bidder or contractor will make a good faith effort as required by PMC 3.10.040 and 3.10.050. The contractor and each subcontractor may meet the requirements of this chapter by either method.

(B) Within 30 days after bid opening or at such other date specified in the City’s procurement document, the three apparent lowest bidders shall provide sufficient proof to the satisfaction of the purchasing agent that such contractor or bidder and each of its subcontractors who will perform one half of one percent or more of the contract work is in compliance with this chapter.

(C) During the term of the contract, the contractor shall keep an accurate record on a standardized form, showing the name, place of residence, trade classification or description of work to be performed, hours employed, per diem wages and benefits, of each person employed by the contractor, and the contractor’s subcontractors, to perform any work on the project pursuant to the contract with the City, including full-time, part-time, permanent and temporary employees and make such records available to the City upon request, within five working days. The contractor shall also keep a copy of the records submitted by the employee as evidence of local residency. The Public Works Payroll Reporting Form required by the City of Palmdale for public works projects with the evidence of residency documents attached will satisfy the requirements of this section.

(D) During the term of the contract, the contractor shall keep and provide to the City, on forms acceptable to the City, 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 contact, and the identity and business address of the person(s) hired pursuant to the contact. (Ord. 1334 § 1, 2007)

3.10.070 Forms submitted under penalty of perjury.

All forms required under this chapter shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. (Ord. 1334 § 1, 2007)

3.10.080 Binding on subcontractors.

(A) The good-faith local hiring provisions of this chapter shall bind the contractor both with respect to persons hired directly by the contractor and to all persons hired by the contractor’s direct subcontractors (first tier) who will perform one half of one percent of the contract work. The contractor shall be responsible for assuring that all such subcontractors document said compliance by submitting the forms required by PMC 3.10.060 to the City.

(B) The contractor shall include the following language and a copy of this chapter as may be amended from time to time in all contracts with contractor’s direct subcontractors:

This contract is for services, repairs, maintenance, construction of public works or improvements for the City of Palmdale. As a subcontractor under a city contract, you may be required to comply with all of the requirements of the City of Palmdale Economic Opportunities Program, Palmdale Municipal Code Chapter 3.10, attached hereto and incorporated herein by reference. Failure to comply with the provisions of the Economic Opportunities Program may subject the contractor and/or subcontractor to criminal prosecution and/or disqualification from eligibility for City of Palmdale contracts.

(Ord. 1334 § 1, 2007)

3.10.090 Declaration of non-responsive bidder.

Any bidder or its direct subcontractor who will perform one-half of one percent of the work, who fails to comply with the good-faith local hiring provisions of this chapter, in its bid submissions prior to awards and within 30 days after bid opening, shall be declared by the City to be a non-responsive bidder. (Ord. 1334 § 1, 2007)

3.10.100 Declaration of irresponsibility.

Where a City contractor or direct subcontractor has failed, or the City has cause to believe a contractor or direct subcontractor shall fail, to abide by a material term of the City contract, applicable prevailing wage laws called for by the contract, other applicable laws governing labor standards or working conditions, any of the provisions of this chapter applicable to contractors or direct subcontractors, or any of the other provisions of the code which expressly reference the sanctions provided for in this chapter, said contractor or direct subcontractor pursuant to procedures outlined in PMC 3.10.110, shall be declared an irresponsible contractor. (Ord. 1334 § 1, 2007)

3.10.110 Finding of noncompliance.

If the City department director with responsibility for contract administration has cause to believe that any contractor or direct subcontractor has violated this chapter or that any bidder shall not perform the contract in compliance with this chapter, the department director may conduct an investigation. If, upon investigation, the department director determines that evidence exists to conclude that a violation of this chapter has occurred, or that cause exists to indicate a bidder will fail to perform the contract, the department director, after consultation with the City Manager or City Manager’s designee, shall make a written finding of noncompliance which shall include a declaration of irresponsibility. The written finding of noncompliance shall provide the contractor or direct subcontractor with an opportunity to appeal the finding of noncompliance to the City Council. If the council concurs with the finding of noncompliance, it shall affirm that finding along with the declaration of irresponsibility contained therein. The decision of the City Council shall be final. (Ord. 1334 § 1, 2007)

3.10.120 Disqualification.

Any contractor or direct subcontractor declared to be irresponsible pursuant to the provisions of this chapter shall be disqualified from eligibility for providing goods, labor, materials or services to the City for a period of one year for the first violation and three years for a second, with a right of review and reconsideration by the City Council after two years upon a showing of corrective action indicating violations are not likely to recur. (Ord. 1334 § 1, 2007)

3.10.130 City Attorney prosecution.

If the City Attorney has reasonable cause to believe that any contractor or direct subcontractor has knowingly committed any of the acts or omissions set forth in this chapter, the City Attorney may prosecute said contractor or subcontractor for violating the provisions of this chapter in accordance with the provisions of PMC Title 1. (Ord. 1334 § 1, 2007)

3.10.140 Contracts, solicitations, bid documents, subcontracts.

(A) Contracts, solicitations and bid documents shall incorporate this chapter by reference and shall provide that the failure of any contractor or direct subcontractor to comply with any of its requirements shall be deemed a material breach of contract or subcontract.

(B) Contracts and bid documents shall require bidders, contractors and direct subcontractors to maintain and submit records necessary for monitoring their compliance with this chapter. (Ord. 1334 § 1, 2007)