§ 35.35 GOVERNMENT CONSTRUCTION PROJECTS.
   (A)   It is the policy, as expressed herein, of the Board of Commissioners of Lake County, Indiana, to provide for the negotiation of mutually acceptable project labor agreements with local labor unions representing experienced and skilled construction workers covering construction, alteration or repair work, where Lake County: Indiana, or any of its agencies, departments, boards, commissions, or any other county entity with a property interest is the owner or lessee of the property upon which the construction takes place (or lessee or the beneficiary or a separate corporation which is created to perform construction, alteration or repair work for their benefit).
   (B)   All solicitation for bids issued by the Board of Commissioners of Lake County, Indiana, or any of its agencies, departments, boards, commissions, or any other county entity with a property interest (or a corporation created to benefit Lake County) in construction, alteration or repair shall, except as otherwise provided herein, including the following language:
      Each successful bidder and any and all levels of subcontractors, regardless of tier, as a condition of being awarded a contract or subcontract, will agree to abide by the provisions of the ( INSERT NAME OF PROJECT ) Project Labor Agreement as executed and effective ________________, ____________________, by and between the project manager and/or construction manager authorized to negotiate and enter into such a Project Labor Agreement on behalf of Lake County, Indiana or any of its agencies or departments (or a corporation created to benefit the said entity in construction, alteration or repair) and the local labor unions representing experienced and skilled construction workers and will be bound by the provisions of that Agreement in the same manner as any other provision of the contract.
   (C)   Any “instructions to bidders” or like document for a public works project by the Lake County, Indiana, shall, except as otherwise provided herein, include the following language:
      The general contract (and all independent subcontracts, i.e., subcontracts not included within a general contract and regardless of tier) will be awarded to the lowest responsible and responsive bidder complying with the conditions and requirements provided in these Instructions, the bids forms and other bid documents. A responsible and responsive bidder is a bidder demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by the contract, based upon a determination of competent workmanship and financial soundness in accordance with Indiana Code 36-1-9-3 or any successor statute. An eligible bidder is a bidder who is not debarred from bidding under any applicable law, and which shall certify that it is able to furnish labor that can work in harmony with all other elements of labor employed the project. In the interests of such harmony, the long-term supply of skilled labor, and to provide a legally enforceable means of assuring labor stability and labor peace over the life of the project, each successful bidder and any and all levels v of subcontractors, regardless of tier, as a condition of being awarded a contract or subcontract, shall be required to enter into a Project Labor Agreement for the ( INSERT NAME OF PROJECT ) Project with local labor unions representing experienced and skilled construction workers for the development and construction of the Project, and will be bound by the provisions of that Project Labor Agreement in the some manner as any other provision of the contract.
   (D)   That the Lake County Board of Commissioners of Lake County, Indiana, and its agencies, departments, boards, commissions, or any other county entity with a property interest, retains their inherent authority to adopt means to enforce compliance by any contractor or subcontractor, regardless of tier, with the provisions of any Project Labor Agreement entered into on its behalf.
(Prior Code, § 35.50) (Ord. 1135F-1, passed 8-11-1998; Ord. 1342A, passed 12-21-2011)