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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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8-9   ESTABLISHING THE BOSTON RESIDENTS JOBS POLICY.
8-9.1   Definitions.
   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)
8-9.2   Boston Residents Jobs Policy Office.
   (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)
8-9.3   Compliance.
   (A)   On any new covered project, a general contractor/construction manager or subcontractor may comply with the Boston Residents Jobs Policy by achieving, on a craft by craft basis, at least one of the following:
      (1)   Meeting the BRJP standards as defined in Subsection 8-9.1 and providing documentation of such to the assigned compliance monitor; or
      (2)   Taking each of the following steps.
         (a)   Prior to the start of construction, the general contractor/construction manager shall designate an individual to serve as a compliance Officer for the purpose of complying with the Boston Residents Jobs Policy.
         (b)   Prior to the start of construction, the general contractor/construction manager and each subcontractor then selected shall meet with the assigned compliance monitor for the purpose of reviewing the Boston Residents Jobs Policy standards, estimated construction activity over the construction period of the covered project, and each item listed in Subsection 8-9.2(C). A representative of the awarding or contracting authority on public projects may attend the meeting. The general contractor/construction manager shall in a timely manner complete and submit to the Commission and the assigned compliance monitor a projection of the workforce needs over the course of construction of the covered project. Such submission shall reflect the needs by trade for each month of the construction process. This process shall continue with each subcontractor subsequently hired. All meetings shall be documented and a copy of the documentation shall be filed with the assigned compliance monitor.
         (c)   Whenever any person involved in the construction of a covered project makes a request to a union hiring hall, business agent, general contractor/construction managers’ association or community referral source for qualified construction workers, the request shall ask that those qualified applicants referred for construction positions be referred in proportions specified in the Boston Residents Jobs Policy and shall further contain a recitation of the standards listed in Subsection 8-9.1. However, if the requesting party’s workforce composition at any time falls short of any one or more of the standards, the requesting party shall adjust his or her request so as to seek to more fully achieve the proportions specified in Subsection 8-9.1. If the union hiring hall, business agent, general contractor/ construction managers’ association or community referral source to whom a request for employees has been made fails to fully comply with such request, the requesting party’s Compliance Officer shall seek written confirmation from the hall, agent, association or community referral source that there are insufficient employees in the categories in the request and that the insufficiency is documented on the unemployed list maintained by the hall, agent, association or community referral source. Copies of any confirmations obtained, as well as the requests for confirmation, shall be forwarded to the assigned compliance monitor.
         (d)   All Boston residents, people of color and women applying directly to the general contractor/construction manager or any subcontractor for employment in construction on a covered project who are not subsequently employed by the party to whom application is made shall be referred by said party to the BRJP Jobs Bank and a written record of such referral shall be made by said party, a copy of which shall be sent to the assigned compliance monitor.
         (e)   General contractors/construction managers and subcontractors shall maintain a current file of the name, address and telephone number of each Boston resident, person of color and woman who has sought employment with respect to a covered project, or who was referred to the general contractor/ construction manager by the BRJP Jobs Bank but was not hired. The general contractor/construction manager shall maintain a record of the reason any such person was not hired. A copy of the file shall be sent each month to the assigned compliance monitor.
         (f)   Before hiring, general contractors/ construction managers and subcontractors shall obtain from each Boston Resident worker to be employed in the construction of the covered project a sworn statement containing the worker’s name and place of residence, as well as a driver’s license or state form of identification and a current (30 days), postmarked bill sent to their permanent residence. Documentation of residency shall be kept in the worker’s file and be included in the initial compliance review. The residency verification will be good for the duration of the project. Failure to properly verify a worker’s residency will result in not having the resident hours credited towards the overall project hours.
         (g)   One week after the commencement of the construction of the project, and each week thereafter until the completion of the project, general contractors/construction managers and subcontractors shall submit electronically to the BRJP Office or BPDA Compliance Office for the week just ended a report which contains the following information for each employee who performed any work on the project in the week just ended: the employee’s name, place of residence, race, gender, craft, job category, apprenticeship participation, number of hours worked and employer. The report shall also include the total number of hours worked by the total workforce in each craft during the week just ended.
         (h)   Compliance monitors will be allowed to make site visits to construction projects to determine employment standards relative to the BRJP goals. General contractors/construction managers and selected subcontractors shall attend corrective action meetings with the assigned compliance monitor upon the monitor’s request to review and outline action steps required towards targeted goals for the duration of the project. The results of the corrective action meetings shall be included in compliance reviews.
         (i)   General contractors/construction managers and subcontractors shall send a letter to the assigned compliance monitor upon issuance of the final certificate of occupancy related to a covered project. The general contractor/construction manager or subcontractor must cooperate with close out procedure.
         (j)   General contractors/construction managers and subcontractors shall appear before the Boston Employment Commission when requested.
         (k)   General contractors/construction managers and each subcontractor shall maintain records reasonably necessary to ascertain compliance with the steps detailed in divisions (A)(2)(a) through (A)(2)(i) above for at least three years after the issuance of a certificate of occupancy for the covered project.
         (l)   General contractor/construction managers shall incorporate in every subcontractor contract an enumeration of the BRJP standards and shall impose on each subcontractor a responsibility to take all steps enumerated in divisions (A)(2)(a) to (A)(2)(k) above; or
      (3)   By demonstrating the high impracticality of complying with the BRJP standards for a particular contract or class of employees in a particular craft before project commencement and agreeing to sponsor a specified number of new apprentices or other trainees specifically for the purpose of satisfying this Subsection, in trades in which noncompliance is likely, and retaining those apprentices or trainees throughout the duration of the project. All apprentices or trainees retained to satisfy this Subsection must be bona fide Boston residents, people of color or women. The general contractor/construction manager or subcontractor must work in coordination with the BRJP Office or Boston Planning and Development Agency Compliance Office to avoid fines and other penalties under this Section. This Subsection may be utilized for compliance with this Section only upon written authorization by the compliance monitor for each particular craft on a project.
   (B)   On any new Major Development Project, a developer may comply with the Boston Residents Jobs Policy by achieving, on a craft by craft basis, at least one of the following:
      (1)   Meeting the BRJP standards as defined in Subsection 8-9.1 and providing documentation of such to the assigned compliance monitor;
      (2)   Taking each of the following steps:
         (a)   Incorporating in every general construction contract or construction management agreement an enumeration of the BRJP standards and imposing a responsibility upon each general contractor/construction manager or construction manager to take all steps enumerated in divisions (A)(2)(a) through (A)(2)(j) above and to incorporate the BRJP standards in all subcontracts and impose on all subcontractors the obligation to take such steps;
         (b)   Meeting with the general contractor/construction manager no less frequently than weekly throughout the period of construction of the covered project to review the general contractor/construction manager’s compliance with the BRJP standards and the steps enumerated in divisions (A)(2)(a) through (A)(2)(i) above. The developer shall maintain minutes of such meetings and shall forward a copy of such minutes to the assigned compliance monitor within ten days of each meeting; and
         (c)   Appearing before the Boston Employment Commission when requested.
      (3)   By demonstrating the high impracticality of complying with the BRJP standards for a particular contract or class of employees in a particular craft before project commencement and agreeing to sponsor a specified number of new apprentices in addition to those employed pursuant to Subsection 8-9.5, in trades in which noncompliance is likely, and retaining those apprentices throughout the duration of the project. All apprentices retained under this Section must be bona fide city residents, people of color or women. The general contractor or subcontractor must work in coordination with the BRJP Office or Boston Planning and Development Agency Compliance Office to avoid fines and other penalties under this Section. This Subsection may be utilized for compliance with this Section only upon written authorization by the compliance monitor for each particular craft on a project.
(Ord. 1983 c. 30 § 4; CBC 1985 8-9.3; Ord. 1998 c.1 § 3; Ord. 2017 c. 1 § 4)
8-9.4   Boston Employment Commission.
   (A)   The Commission will be responsible for compliance review of all Covered Projects, including those monitored by the BPDA Compliance Office, and enforcing this Section, up to and including the imposition of sanctions and fines.
   (B)   The Commission will be comprised of seven Commission members.
   (C)   The Mayor will appoint all Commission members. The Mayor will select either one or two Commission members from recommendations made by organizations dedicated to workers’ rights in the city, one Commission member from recommendations made by labor unions including SEIU and trade unions, one Commission member from recommendations made by organizations representing the development community and one Commission member from recommendations made by organizations representing the non-profit development community.
   (D)   Commission members may serve a maximum of three consecutive two-year terms.
   (E)   The Chairperson of the Commission shall be designated by the Mayor and shall serve in that capacity for a term of two years.
   (F)   The Mayor may remove a Commission member, including a Chairperson, for cause by filing a written statement with the City Clerk. The Mayor’s decision shall be final.
   (G)   The Commission shall meet at least monthly.
   (H)   The Commission shall review each Covered Project at the 25%, 50%, 75% and 100% complete stage, measured by total worker hours completed. Commission review shall occur at least every three months, regardless of the stage of project completion.
   (I)   The Commission shall monitor Davis-Bacon Act requirements, being codified at 40 U.S.C. §§ 3141—3148, contained in City Agency or Boston Planning and Development Agency contracts. The Commission shall receive compliance information and shall forward any information concerning apparent noncompliance to appropriate federal Agencies.
   (J)   The Commission shall have the authority to promulgate regulations as to matters within the Commission’s purview after public notice and hearing and upon a vote of all members and is directed to consider The Policy Group on Tradeswomen’s Issues document entitled “Finishing the Job: Best Practices for Diversity in Construction” when promulgating regulations concerning how the Commission will assess efforts to comply with this Section.
(Ord. 1983 c. 30 § 5; CBC 1985 8-9.4; Ord. 2017 c. 1 § 5)
8-9.5   Training Program.
   The city shall establish or cause to be established, either independently or in concert with craft unions, and construction contractors, job training programs to train minorities, Boston residents and women for skilled or semi-skilled construction jobs; or all bidders and all subcontractors under the bidder shall maintain and participate in an approved apprentice training program as defined by M.G.L. Chapter 23, Sections 11H and 11I for each apprenticeable trade or occupation represented in his or her workforce that is approved by the Division of Apprentice Training of the Department of Labor and Industries and must abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract. These programs shall be supervised by the Agency.
(Ord. 1983 c. 30 § 6; CBC 1985 8-9.5; Ord. 1998 c.1 § 4)
8-9.6   Fines.
   Any person who provides false information regarding his or her residence address shall be subject to a fine of not more than $300.
(Ord. 1983 c. 30 § 7; CBC 1985 8-9.6)
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