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(a) Regulations and Administrative Guidance. OEWD shall be the primary department authorized to implement and enforce this Policy. OEWD shall issue regulations and/or administrative guidance regarding implementation of the Policy, including (1) documentation and recordkeeping requirements, (2) incentive payments, (3) monitoring and compliance activities, (4) project and/or contract coverage determinations, (5) designated referral sources, (6) bid and contract documents implementing the Policy, (7) procedures for application of the Policy to alternative competitive bidding processes set forth in Article IV of Chapter 6 of the Administrative Code, (8) procedures for monitoring and enforcement of the Policy where the construction contract is issued by an entity or individual other than the City, and (9) other matters related to implementation of this Policy. Awarding Departments shall cooperate with and assist in implementation of OEWD actions and determinations regarding this Policy. For projects where the construction contract is issued by an entity or individual other than the City, OEWD may grant conditional waivers on a project specific basis if it finds that the Contractor has participated to the extent feasible in available pipeline and retention mechanisms, the Contractor has undertaken all corrective actions issued by OEWD, and considering all referral sources and estimates of workers residing in the City, there will be insufficient numbers of qualified and available Local Residents and/or Disadvantaged Workers to enable the Contractor or Subcontractor to satisfy the Local Hiring Requirements.
(b) Assistance in Monitoring, Investigations, and Implementation. In accordance with applicable law, the City may enter into one or more contracts for investigative and monitoring services to further the purposes of this Policy, or to assist OEWD or Awarding Departments in developing and implementing systems needed to advance the purposes of this Policy.
(c) Departmental Assistance with Monitoring and Enforcement Costs. Subject to the fiscal and budgetary provisions of the City Charter and applicable Federal and State laws and regulations, OEWD is authorized to receive from Awarding Departments the amount reasonably calculated to pay for the costs, including litigation costs, of monitoring and enforcing requirements of this Policy. OEWD shall supervise the expenditure of all funds appropriated for these purposes.
(d) Effective Date, Operative Date, and Prospective Application. This Policy initially became effective on January 23, 2011 and applied to Covered Projects first advertised for bids by Awarding Departments on or after March 25, 2011. The amendment to the Policy in subsection 82.4(b), enacted in Ordinance No. 85-14, became operative on September 17, 2014. The amendment of subsection 82.4(b) in Ordinance No. 85-14 was intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing grant agreement, lease, development agreement, or other contract entered into by the City before September 17, 2014. Notwithstanding the prior sentence, the amendment in subsection 82.4(b), enacted in Ordinance No. 85-14, shall apply to newly included work in pre-existing grant agreements, leases, development agreements, or other contracts amended on or after September 17, 2014. The amendment in subsection 82.4(b), enacted in Ordinance No. 85-14, shall apply to grant agreements, leases, development agreements, and other contracts entered into by the City on or after September 17, 2014.
(e) Existing Project Labor Agreements. This Policy shall not apply to project labor agreements entered into by Awarding Departments prior to the effective date of the Policy, January 23, 2011 (“Existing PLAs”). This Policy shall not apply to Public Work or Improvement contracts advertised for bids after March 25, 2011, that are covered by Existing PLAs, where the terms of the Existing PLAs and this Policy are in conflict. Notwithstanding the foregoing sentence, this Policy shall apply to (1) any material amendment to an Existing PLA if that amendment is executed by an Awarding Department on or after January 23, 2011; (2) any new Public Work or Improvement contract over the Threshold Amount set forth in subsection 82.4(a) that is added to the scope of an Existing PLA based on a discretionary decision by the Awarding Department on or after January 23, 2011.
(f) Annual Report To Board of Supervisors. Annually on April 1, the Director of OEWD shall submit a written report to the Board of Supervisors. That report shall document each Awarding Department’s performance under the terms of this Policy, including, among other things, the compliance of each department’s Contractors and Subcontractors with the requirements of this Policy, any significant challenges experienced by OEWD or Awarding Departments in implementing or enforcing this Policy, and proposed remedies to address any such challenges. That report shall include documentation, organized by Awarding Department, of the overall percentage of Project Work Hours on Covered Projects performed by Local Residents, Disadvantaged Workers, Local Resident Apprentices, and residents of states other than California. The report shall also compare the demographics of workers performing work on Covered Projects, using data collected under the Policy, to the demographics of the qualified labor pool. Awarding Departments shall cooperate with requests by OEWD for information needed by the Director to make such reports to the Board.
(g) Material Term; Contractors’ Agreements. All contracts and subcontracts for performance of Project Work shall include compliance with this Policy as a material term, directly enforceable by the City as described herein. As a condition of performance of Project Work, each Contractor and Subcontractor agrees: to comply with all provisions of this Policy; that provisions of this Policy are reasonable and are achievable by the Contractor or Subcontractor, including the reporting requirements and consequences for noncompliance described herein; and that the Contractor or Subcontractor had a full and fair opportunity to review and understand terms of this Policy, in consultation with counsel if so desired.
(h) Severability. If any provision of this Policy or any application thereof to any person or circumstances is held invalid by final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Policy which can be given effect without the invalid provision or application, and to this end the provisions of this Policy are declared to be severable.
(i) Conflicting Agreements. In case of conflict between terms of this Policy and a contractual agreement entered into by a Contractor, Subcontractor, or Awarding Department, terms of this Policy shall govern. Each party to a contract incorporating terms of this Policy agrees through that contract that either it is not a party to such a conflicting agreement, or that it will comply with terms of this Policy as incorporated into the contract, rather than with any conflicting agreements. On or after January 23, 2011, no Awarding Department may enter into a project labor agreement or other contract relating to or applying to the performance of Project Work on a Covered Project that conflicts with or precludes Contractor and Subcontractor compliance with terms of this Policy.
(j) Reciprocity. An Awarding Department or OEWD may negotiate reciprocity agreements with other local jurisdictions that maintain local hiring programs, provided that such agreements advance the policy goals of this Chapter 82 . Any such reciprocity agreement shall allow Targeted Workers residing in each jurisdiction to utilize and benefit from Local Hiring Requirements and referral systems in the other jurisdiction on the same terms as do the workers residing in that jurisdiction. When such a reciprocity agreement is in effect, residents of another jurisdiction may be counted toward satisfaction of the Local Hiring Requirements of this Policy. Any reciprocity agreement negotiated by an Awarding Department or OEWD shall be subject to the approval of the Board of Supervisors by resolution.
(Added by Ord. 84-17, File No. 170004, App. 3/30/2017, Eff. 4/29/2017, Retro. 3/25/2017)