The Council has enacted this Chapter based upon the findings, purposes and reasons set forth in Resolution No 03-51 and 03-52.
3.17.020 Local Hiring.
Unless such a provision would conflict with a state or federal law or regulation applicable to a particular contract for public works or improvements, all City contracts for public works or improvements of estimated value of greater than the formal bid limit as set forth in KMC § 3.16.020 shall contain provisions pursuant to which the contractor promises to make a meaningful, good-faith effort, with the assistance of the City Manager, or his Designee, the Kotzebue IRA, Maniilaq Manpower, State of Alaska, Department of Labor, Kotzebue Employment Center or other community organizations designated by the City, to hire qualified individuals who are residents of the City of Kotzebue in sufficient numbers so that no less than fifty percent (50%) of the contractor’s total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of residents of the City of Kotzebue.
3.17.030 Required Documentation.
A. The contractor shall keep and provide to the City, on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor and the contractor’s subcontractors, on the specific public works project covered by this Chapter, including full-time, part-time, permanent and temporary employees.
B. The contractor shall keep and provide to the City, on forms acceptable to the City, an accurate record documenting the contractor’s good-faith efforts to comply with the local hiring provisions of this Chapter. Said records shall include: a listing by name and address of all local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of hire referrals requested; the number of local hires made as a result of the contact; and the identity and address of the person(s) hired pursuant to the contact.
C. All forms required under this Chapter shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury. Notwithstanding any civil or criminal penalties available under the laws of the State of Alaska for perjury, the City may also debar the contractor or subcontractor as set forth in Section 3.17.040 of this Chapter for perjury or material misrepresentations on any forms submitted pursuant to this Chapter.
3.17.040 Irresponsible Bidder Declaration.
Should any contractor or subcontractor fail to abide by the good-faith local hiring provisions of this Chapter, the contractor or subcontractor may be declared by the City to be an irresponsible bidder. Such declaration shall mean that the contractor or subcontractor is debarred from further contracts for public works or improvements for, or on behalf of, the City of Kotzebue. The debarment may be rescinded by the City upon terms and conditions acceptable to the City, but such rescission is not required and is solely at the discretion of the City.
3.17.050 Binding on Subcontractors.
The good-faith local hiring provisions of this Chapter shall bind the contractor both with respect to persons hired directly by the contractor and to all persons hired by the contractor’s subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by Section 3.17.030.
3.17.060 Contracts – Bid Documents – Subcontracts.
A. Contracts and bid documents shall incorporate this Chapter by reference and shall provide that the failure of any contractor or subcontractor to comply with any of its requirements shall be deemed a material breach of the contract or subcontract entitling the City to all the remedies and damages available for material breach of a contract.
B. All subcontracts shall expressly acknowledge the City’s status as a third party beneficiary to the subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Chapter with regard to that subcontract or seek remedies available under this Chapter, should a party to the subcontract fail to comply with any of the provisions of this Chapter that apply to the subcontract.
C. Contracts and bid documents shall require bidders, contractors and subcontractors to maintain records necessary for monitoring their compliance with this Chapter.
The provisions of this Chapter shall not apply where the City determines that the contract is necessary to respond to a declared emergency which endangers the public health, welfare or safety and there is no time to apply the provisions of this Section.
As used in this Section, the following term shall have the following definition:
“Resident of the City of Kotzebue” means an individual who has established residency in the City by being physically present in the City with the intent to remain in the City indefinitely and to make a home in the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid Alaska driver’s license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the City of Kotzebue; alternatively, “Resident of the City of Kotzebue” shall mean a worker who is a building trade journeyman or building trade apprentice whose local hiring hall has jurisdiction over all or part of the City of Kotzebue.
An individual demonstrates the intent to remain in the City indefinitely and to make a home in the City by maintaining a principal place of abode in the City for at least 30 days and by providing other proof, such as identified above, and which may also include proof that the individual is not claiming residency outside the City or obtaining benefits under a claim of residency outside the City. An individual who establishes residency in the City remains a resident during an absence from the City unless, during the absence, the individual establishes or claims residency in another city, state, territory or country or performs other acts, or is absent, under circumstances that are inconsistent with the intent required under this section to remain a resident of this City.
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Posted May, 2003