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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. The unit of government, within the structure of the city that is responsible for the application, administration and execution of Community Development Block Grants, projects in the area of housing and employment, and Federal affirmative action programs, currently the Neighborhood Development and Employment Agency.
APPROVED APPRENTICESHIP TRAINING PROGRAM. Shall be defined as it is in M.G.L. Chapter 23, Sections 11H and 11I and is approved by the Division of Apprentice Training of the Department of Labor and Industries.
BONA FIDE BOSTON RESIDENT. A worker who provides sufficient evidence of his or her status as a resident of the city as described in Subsection 8-9.3(A)(2)(f).
BOSTON RESIDENTS JOBS POLICY STANDARDS OR BRJP STANDARDS. The standards as described below:
(1) At least 51% of the total work hours of journey people and 51% of the total work hours of apprentices in each trade on a covered project shall be by bona fide Boston residents;
(2) At least 40% of the total work hours of journey people and 40% of the total work hours of apprentices in each trade on a covered project shall be by people of color; and
(3) At least 12% of the total work hours of journey people and 12% of the total work hours of apprentices in each trade on a covered project shall be by women.
CITY-FUNDED PROJECT. Any construction project funded in whole or in part by city funds or funds which, in accordance with a federal grant or otherwise, the city expends or administers.
COMMISSION. The Boston Employment Commission.
COMPLIANCE MONITOR. The person or persons assigned by the Boston Residents Jobs Policy Office or the Boston Planning and Development Agency Compliance Office to monitor a covered project’s compliance with this Section.
COVERED PROJECT.
(1) Any city-funded project as defined in this Section; or
(2) Any Major Development Project as defined in this Section.
DEVELOPER. An entity that owns or coordinates the construction or substantial rehabilitation of a Major Development Project.
GENERAL CONTRACTOR OR CONSTRUCTION MANAGER. Any person, firm, partnership, owner operator, limited liability company, corporation, joint venture, proprietorship, trust, association or other legal entity that employs individuals to perform work on covered projects, including contractors and subcontractors of all tiers.
MAJOR DEVELOPMENT PROJECT. Any new construction or substantial rehabilitation project in the city for which a project notification form has not already been submitted to the Boston Planning and Development Agency on or before January 31, 2017 for the specific construction or rehabilitation, which requires zoning relief, and in which it is proposed to erect a structure or structures having a total gross floor area (exclusive of all accessory parking garage space) in excess of 50,000 square feet or to enlarge or extend a structure or structures so as to increase its (or their) gross floor area (exclusive of all accessory parking garage space) by more than 50,000 square feet or to substantially rehabilitate a structure or structures having, or to have, after rehabilitation, a gross floor area (exclusive of accessory parking garage space) of more than 100,000 square feet.
PEOPLE OF COLOR. Individuals who are Black, Hispanic/Latino, Asian/Pacific Islander or Native American.
(Ord. 1983 c. 30 § 2; CBC 1985 8-9.1; Ord. 1998 c. 1 § 1; Ord. 2017 c. 1 § 2)
(A) The Boston Residents Jobs Policy Office in the Office of Economic Development (“BRJP Office”) shall be responsible for the planning, implementation and overall coordination of compliance monitoring on all covered projects, including, but not limited to, Major Development Projects. Some covered projects will be monitored by the Boston Planning and Development Agency Compliance Office (“BPDA Compliance Office”), which will assume the role of the BRJP Office for purposes of this Section on those projects. On covered projects, the developer, general contractor/construction manager and each subcontractor must meet with the assigned compliance monitor prior to beginning construction to discuss initial project overview, including project duration, dollar amount, workforce projections and BRJP standards. Subcontractors added to a covered project after the beginning of construction must meet with the assigned compliance monitor prior to beginning work on the project.
(B) The BRJP Office shall operate a referral program, called the Boston Residents Jobs Bank, which shall refer city residents, people of color and women to general contractors, construction managers and subcontractors to increase opportunities for Boston residents, people of color and women for employment and training on construction projects within the city.
(C) Prior to the commencement of any covered project, the assigned compliance monitor shall:
(1) Review spending plans for the project;
(2) Review timeline and workforce projections for the project;
(3) Identify the number of job positions to be created by the project;
(4) Specify training needed for entry-level and semi-skilled positions by job title;
(5) Assist the city, developers and general contractors, in conjunction with appropriate unions and their existing collective bargaining agreements where applicable, with recruiting employees and arranging for training through established union apprenticeship programs. On non-union projects, assist the city, developers and general contractors with recruiting employees through available community-based programs; and
(6) Utilize the Jobs Bank to refer Boston residents, people of color and women to general contractors and subcontractors to assist such general contractors/construction manager and subcontractors to comply with this Section and to increase opportunities for Boston residents, people of color and women for employment and training on construction projects within the city.
(D) On each covered project, the assigned compliance monitor shall track the number of hours completed by people of color who are city resident people of color.
(Ord. 1983 c. 30 § 3; CBC 1985 8-9.2; Ord. 1998 c. 1 § 2; Ord. 2017 c. 1 § 3)
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