NUMB:
000475
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance amending provisions relating to participation of city residents in public works contracts.
SECS:
309-41-1-a am
309-41-1-g rp
309-41-2-a am
309-41-2-d am
309-41-3-a-1 am
309-41-3-a-2 am
309-41-3-b-2 am
309-41-5-f am
ANLS:
-Analysis-
This ordinance modifies the city residency preference program by:
1. Eliminating the requirement that participants in the program be unemployed in order to qualify.
2. Modifying the reporting requirements concerning hours worked by residents of the city.
3. Updates the community development block grant (CDBG) map.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 309-41-1-a of the code is amended to read:
309-41. Participation of City Residents in Public Works Contracts.
1. DEFINITIONS.
a. "Community development block grant area" or "CDBG area" means [[that]] >>those<< [[portion]] >>portions<< of the city designated as [[such]] >>the primary CDBG target area and secondary CDBG target area<< by the common council which is identified [[by census tracts]] on maps maintained at the offices of the city clerk and the commissioner of public works.
Part 2. Section 309-41-1-g of the code is repealed.
Part 3. Section 309-41-2-a and d of the code is amended to read:
2. REQUIREMENTS.
a. A requirement that 25% of the worker hours, subject to the provisions of sub 3-a-2, shall be performed by [[unemployed]] residents of the CDBG area, and that furthermore the contractor shall give fair consideration to all segments of the population including women and minorities. For the purpose of this section, "worker hours" includes work performed by persons filling apprenticeship and on-the-job training programs.
d. A map identifying [[by census tract]] the CDBG area of the city [[of Milwaukee]] as designated by the federal economic development administration.
Part 4. Section 309-41-3-a-1 and a-2 and b-2 of the code is amended to read:
3. ADMINISTRATION.
a. Planning and Implementation.
a-1. Identify the approximate number of job positions involved in the project >>if the percentage participation to be used on the contract varies from the appropriate level established in this section<<.
a-2. Determine the appropriate level of participation of [[unemployed]] residents of the CDBG area for inclusion in the contract specifications. The appropriate level of participation shall be presumed to be 25%, unless the department determines there is sufficient reason to impose a lesser requirement. However, the commissioner of public works may require greater levels of participation if the commissioner finds that such levels may be warranted for certain contracts.
b. Monitoring and Enforcement.
b-2. Require all contractors and subcontractors, prior to commencement of the work, to submit affidavits on forms supplied by the department from employes utilized to meet the requirements of this section, stating that the employe is [[both unemployed and is]] a resident of the CDBG area.
Part 5. Section 309-41-5-f of the code is amended to read:
5. ANNUAL PROGRAM REPORT.
f. The [[percentage of]] total hours worked [[by city/CDBG area, city/non CDBG area and non-city residents]] >>by CDBG area residents and the percentage of CDBG area hours<< for contracts which included the residency requirement.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Department of Public Works
DFTR:
DPW:TRR
00313-1
lme
7/6/00