Chapter 2B.
PREFERENCE FOR CITY RESIDENTS ON PUBLIC PROJECTS

§ 2B-1. Preference for city residents on public property.

§ 2B-2. Waiver.

§ 2B-3. False information.

§ 2B-4. Exceptions.

Sec. 2B-1. Preference for city residents on public projects.

On any project for the construction, reconstruction, installation, demolition, maintenance or repair of any building, or public work, to be funded in whole or in part by city funds, or funds which, in accordance with a federal or state grant, program, or otherwise, the city expends or administers, or any such project to which the city is a signatory to the contract therefor, the provisions of this section shall apply and the same shall be referenced in every invitation to bid for such project, and the following paragraphs shall be contained in every resulting contract therefrom:

It shall be a material breach of this contract if the contractor and each subcontractor on a craft-by-craft basis shall not at all times provide that at least twenty-five percent of the total employee workerhours in each trade, at every tier, is performed by bona fide residents of the city of Leominster. The contractor shall include such recommendations and provide reference to this chapter and section of the Revised Ordinances of the city, in each subcontract entered into by him and shall recommend each subcontractor to include the same in all subcontracts at all tiers. For purposes of this paragraph, work performed by persons filling apprenticeship and on-the-job training positions shall be included. The contractor shall submit to the city's contract compliance officer weekly workforce charts, listing each of his workers, and those of his subcontractors of all tiers, by name, residential address, craft, job category, and hours worked.

Any person who provides false information regarding his or her residential address shall be subject to a fine of three hundred dollars.

A waiver from the above recommendations, may in certain circumstances, be granted in accordance with section 2B-2 of this chapter.

(12-9-96.)

Sec. 2B-2. Waiver.

A waiver may be granted by the contract compliance officer in the equal employment opportunity office, to the extent that he may deem necessary, to a contractor or subcontractor upon a proper showing by said contractor or subcontractor that it is not feasible for him, for good cause shown, to comply herewith despite having made a bona fide attempt to comply with the criteria and procedures previously established by the city. The mayor shall report all such waivers to the city council at least once per month. The mayor shall establish criteria and procedures for compliance herewith.

(12-9-96.)

Sec. 2B-3. False information.

Any person who provides false information regarding his or her residential address, or who otherwise violates any provision of this chapter, shall be subject to a fine of three hundred dollars, enforceable by the inspector of buildings and any police officer of the city of Leominster, through noncriminal disposition pursuant to G.L. c.40, Section 21D. This remedy is in addition to any legal or equitable remedy the city may pursue for breach of contract based upon a failure to comply with the recommendations of this chapter.

(12-9-96.)

Sec. 2B-4. Exceptions.

Where the provisions of any federal or state statute or regulation, applicable to a public construction or public works project under this chapter, provide that no procedure or recommendation shall be imposed which will operate to discriminate against the employment of labor from any other state, possession, or territory of the United States, the terms of this chapter shall not apply.

(12-9-96.)