Sec. 109.1. Purpose and Scope.
Sec. 109.2. Submission of Employee Information.
Sec. 109.3. Employee Retention.
Sec. 109.4. Instances Where Fewer Employees Are Required.
Sec. 109.5. Preferential Hiring List.
Sec. 109.6. Restriction on Discharging Employees.
Sec. 109.7. Performance Reviews.
Sec. 109.8. Contractual Provisions.
Sec. 109.9. Successor’s Prior Employees.
Sec. 109.10. No Successor.
Sec. 109.11. Definition of Employee.
Sec. 109.12. Enforcement.
Sec. 109.13. Appeal Procedure.
Sec. 109.14. No Private Right of Action.
(a) The City has an important proprietary interest in maintaining the stability of the workforce engaged by a Contractor or Subcontractor under a Covered Contract. Turnover of experienced workers resulting from a change in the City’s Contractor jeopardizes the quality, efficiency, and cost-effectiveness of service provided to the City under the successor Contract. Accordingly, all Covered Contracts shall impose the obligations of this Article 109 on the Contractor and Subcontractor.
(b) Article 109 does not apply to any Covered Project, unless that Covered Project also qualifies as a Covered Contract.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
(a) Where the Contracting Officer has given notice that a Covered Contract will be bid, or where a Contractor has given notice of termination, upon giving or receiving such notice, as the case may be, the Contractor (“ending Contractor”) shall, within 10 days thereafter, provide to the Contracting Officer and the Purchaser, for each Employee who worked at least 15 hours per week for the ending Contractor, the name, date of hire, number of hours and months worked in total for the employer, wage rate, and employment occupation classification. This provision shall also apply to the subcontractors of the ending Contractor.
(b) Where a Subcontractor has been terminated prior to the termination or ending of the Contract, the Subcontractor shall for the purposes of this Section 109.2 be deemed an ending Contractor.
(c) All requests for bids for Covered Contracts shall include the information listed above for Employees and shall notify prospective bidders about the Transition Employment requirements of this Article 109.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
A successor Contractor shall retain, for a six-month transition employment period, Employees who have worked at least 15 hours per week for the ending Contractor or its Subcontractors for the preceding 12 months and have been employed by the ending Contractor or its Subcontractors, if any, for the preceding 12 months under the Covered Contract, providing that just cause does not exist to terminate such Employee. The ending Contractor’s Employees who worked at least 15 hours per week shall be employed by the Successor Contractor in order of their seniority with the ending Contractor within their job classification, and shall be paid the Prevailing Rate of Wages to which they were entitled when employed by the ending Contractor. This requirement shall be stated by the City in all initial bid packages involving a Covered Contract.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
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