Loading...
(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)
If at any time a successor Contractor determines that fewer Employees are required to perform the new Contact1 than were required by the ending Contractor (and Subcontractors, if any), the successor Contractor shall retain Employees by seniority within job classification.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
CODIFICATION NOTE
1. So in Ord. 296-24.
During such six-month period the successor Contractor (or Subcontractor, where applicable) shall maintain a preferential hiring list of eligible covered Employees not retained by the successor Contractor (or Subcontractor) from which the successor Contractor (or Subcontractor) shall hire additional Employees if the need arises.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
During the six-month transition employment period, the successor Contractor (or Subcontractor, where applicable) shall not discharge without cause an Employee retained pursuant to Article 109. “Cause,” for this purpose, shall include, but not be limited to, the Employee’s conduct while in the employ of the ending Contractor or Subcontractor that contributed to any decision to terminate the Contract or subcontract for fraud or poor performance, excluding permissible union-related activity.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
At the end of the six-month transition employment period, a successor Contractor (or Subcontractor, where applicable) shall perform a written performance evaluation for each Employee retained pursuant to this Article 109. If the Employee’s performance during such six-month period is satisfactory, the successor Contractor (or Subcontractor) shall offer the Employee continued employment under the terms and conditions established by the successor Contractor (or Subcontractor) or as required by law.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
All Covered Contracts subject to this Article 109 shall include a provision in which the Contractor agrees to require any Subcontractor to comply with the obligation imposed by this Article 109.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
Notwithstanding the provisions of this Article 109, a successor Contractor or Subcontractor may replace an Employee otherwise entitled to be retained with a person employed by the Contractor or Subcontractor continuously for 12 months prior to the commencement of the successor Contract or Subcontract in a capacity similar to that proposed under the successor Contract or Subcontract. This provision shall apply only where the existing Employee of the successor Contractor or Subcontractor would otherwise be laid off work as a result of the award of the successor Contract.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
Loading...