§ 20.37.040. Priority Hire

A.

For Covered Projects which are not found impracticable under Section 20.37.020, the Director shall establish in the bid documents the required percentage of Labor Hours to be performed by Priority Workers. The Director shall establish the percentages separately for Apprentices and for Journey-level workers. Contractors and Dispatch under a CWA shall seek to first hire and dispatch Priority Workers so as to meet or exceed the required percentages.

B.

For each Covered Project, the Director shall establish the greatest practicable required percentage of Labor Hours to be performed by Priority Workers by using past utilization percentages on similar public works projects from the previous three calendar years, and shall increase that percentage by no less than two full percentage points above past performance. The Director shall calibrate these required percentages annually and shall consult with the Priority Hire Implementation and Advisory Committee regarding these requirements.

C.

In order to maximize the impact of this program in Economically Distressed Areas, the Director shall set project-specific requirements with the intent of achieving a total percentage of no less than 20 percent for all Labor Hours performed annually by Priority Workers on the combined total of Covered Projects by 2016, and shall strive to achieve 40 percent of Labor Hours performed by Priority Workers by 2025. Annual percentage rates will be measured January 1—December 31 of each applicable year.

D.

In order to meet the percentage of Labor Hours to be performed by Priority Workers, the Director shall require Contractors and Dispatch under a CWA to first seek to employ a Priority Worker who is a Resident in an Economically Distressed Area within Seattle City limits. The second priority shall be workers from Economically Distressed Areas within King County as needed to meet the percentage of Labor Hours to be performed by Priority Workers. The Director may, in consultation with the Advisory and Implementation Committee, establish by Director's Rule the specific process by which Contractors, Union Dispatch, and the Jobs Coordinator will collaborate in order to facilitate the hiring of Priority Workers.

E.

For Covered Projects, the Director shall ensure the availability of a Jobs Coordinator to perform the following functions: maintain a database of pre-qualified Priority Workers for referral to work on a Covered Project; network with various work source centers, community, non-profit and faith-based organizations to facilitate the identification of Priority Workers; and facilitate referral and coordination around training and employment of Priority Workers between contractors, Unions and Training Programs.

F.

The Director shall enforce the requirements in this Chapter 20.37 and may use actions such as withholding invoice payments, to the extent allowed by contract, or debarment as authorized by Chapter 20.70.

G.

Public works bidders shall evidence good faith efforts to achieve aspirational goals for a percentage of Labor Hours performed by women and racial minorities. The Director shall establish the greatest practicable aspirational goals, using the average of past utilization on similar projects in the previous three calendar years and increasing that percentage by no less than two full percentage points beyond past performance. The Director shall calibrate such goals annually.

H.

In determining compliance with the percentage hiring requirements of sections 20.37.050 (A) and (B), the Director shall exclude from the calculation Labor Hours performed by Residents of states other than the State of Washington. The Director shall track Labor Hours performed by Residents of states other than the State of Washington and shall review this percentage annually together with the Priority Hire Implementation and Advisory Committee.

I.

If approved by the Director, Contractors may receive a credit of up to 10% applied to their required Priority Worker hours by 1) hiring Priority Workers to fill Non-manual Positions; and 2) continuing to employ workers in these positions for the duration of the Contractor's work on the Covered Project.

J.

The Director shall establish a Priority Hire Implementation and Advisory Committee that includes representatives of the following groups: 1) Labor Unions, 2) community organizations, 3) Contractors, including at least one WMBE firm, and 4) Apprentice and Pre-apprentice Training Programs. The Committee shall provide an advisory role to the City regarding the implementation and effectiveness of the Priority Hire policy. Each of the four named groups above shall make nominations from among themselves for Committee representatives to the Mayor. The Mayor shall appoint no less than two and no more than four persons from each group to the Committee. The Department will convene the Committee on a regular basis, at least once every quarter, and will provide the Committee with information about program performance. The Director shall assign at least one staff member from the Department to support the work of the Committee. The Committee shall submit an annual report in writing to the Mayor and City Council, and may submit recommendations, findings, or other reports to the Director, Mayor, or City Council, for consideration as appropriate. The Committee shall establish rules for its procedures.

(Ord. 125368 , § 3, 2017; Ord. 124690 , § 2, 2015.)