(a) Definitions. In this section, the following terms have the meanings indicated.
(1) “Contractor” means a contractor who:
(i) has a capital improvement contract with the County for more than $1,000,000; or
(ii) has a contract for a capital project to which the County contributes funding with a value over $5,000,000.
(2) “Capital improvement contract” and “capital project” have the meanings stated in § 8-2-115.
(3) “Department” means the department that the County Executive designates to administer and enforce the County local hiring requirements under this title.
(4) “Director” means the director of the department that administers and enforces the County local hiring requirements or the director’s designee.
(b) Local hiring. A contractor shall make best efforts to fill at least 51% of new jobs required to complete the capital improvement contract or capital project with Anne Arundel County residents.
(c) Reporting. The contractor shall submit quarterly reports to the Department, on the form designated by the Director, which includes the following with respect to the capital improvement contract or capital project:
(1) the number of new hires needed for the contract during the reporting period;
(2) the total number of Anne Arundel County residents hired during the reporting period;
(3) the total number of all employees hired during the reporting period;
(4) describe efforts made to fill the open positions with local County residents; and
(5) for a new hire during the reporting period, the new hire’s:
(i) name;
(ii) last four numbers of their social security number;
(iii) job title;
(iv) hire date;
(v) address; and
(vi) referral source.
(d) Violations.
(1) If the Director determines that a contractor has not made best efforts or reported as required under this section, the Director shall issue a written decision detailing the basis for the determination.
(2) (i) A contractor may appeal a written decision of the Director that the contractor violated a provision of this section to the Purchasing Agent within 10 working days after receiving a copy of the decision.
(ii) Within a reasonable time of receipt of a timely appeal, the Purchasing Agent may investigate, request written testimony, or conduct a hearing, as the Purchasing Agent deems necessary for the review of the appeal. The Purchasing Agent’s decision on the appeal is not subject to appeal.
(iii) If the contractor does not appeal the Director’s decision within 10 working days after receipt, the decision of the Director is deemed final and not appealable.
(3) If the final decision of the Director or, after appeal, the Purchasing Agent is that the contractor has violated the provisions of this section and that the violation was intentional, at the discretion of the Director, the contractor, any of its principals, or any firm, corporation, or partnership in which that contractor has an interest, may not be awarded a County contract and may not perform any work on any County contract for one year from the date of the final decision.
(4) If a contractor is late in submitting reports required to be submitted under this section, the County may postpone processing payments due under the contract until the required reports are submitted.
(Bill No. 72-21)