§ 79-5. Basic responsibilities of developers and construction contractors.

A. 

Summary of responsibilities of developers in development projects.

(1) 

Following is a summary of developers' responsibilities with regard to projects in the City of Lockport. This summary does not describe in detail all of developers' responsibilities, and it is not a legal description of these responsibilities. It is intended solely as a convenient overview.

(2) 

The following responsibilities apply to any business participating in a City project. Basic responsibilities of developers:

(a) 

Include the First Source Hiring and Local Business Enterprise Policy in leases and contracts. Developers should require their contractors to follow the First Source Hiring and Local Business Enterprise Policy.

(b) 

On large construction contracts make efforts to include small local businesses. Before awarding a construction contract worth more than $250,000, the developer should make sure that the contractor either has arranged to subcontract 30% of the work to small local businesses, or has made good faith efforts to do so. The City should see bids of subcontractors prior to contract award, and the City will determine whether bids meet these criteria.

(c) 

On service contracts, supply contracts, and small construction contracts, make good faith efforts to award to small local businesses. When awarding service contracts, supply contracts, or small construction contracts, developers should make good faith efforts to award contracts to small local businesses. Good faith efforts include such steps as notifying the City of opportunities to bid, and holding prebid meetings for small local businesses.

(d) 

Cooperate with City monitoring efforts. When the City attempts to monitor compliance with the First Source Hiring and Local Business Enterprise Policy, developers should cooperate by providing requested information or granting access to job sites if necessary. If a developer disagrees with a finding by the City staff that the developer was not in compliance with the First Source Hiring and Local Business Enterprise Policy, the developer may present the issue to the Common Council.

B. 

Summary of responsibilities of construction contractors.

(1) 

Following is a summary of the responsibilities of construction contractors under this First Source Hiring and Local Business Enterprise Policy. These responsibilities apply to both prime contractors and subcontractors. This summary does not describe in detail all of construction contractors' responsibilities, and it is not a legal description of these responsibilities. It is simply intended as a convenient overview.

(2) 

Basic responsibilities of construction contractors.

(a) 

Include the First Source Hiring and Local Business Enterprise Policy in contracts. Construction contractors should require their subcontractors to follow the First Source Hiring and Local Business Enterprise Policy. Therefore, all contractors should include this policy in contracts and subcontracts.

(b) 

Meet a thirty-percent employment goal for residents. Thirty percent of all work-hours in each trade should be performed by residents of Niagara County. Each construction contractor should either achieve this goal or show that it made good faith efforts to do so. Good faith efforts include such steps as notifying the City of employment opportunities, and making reasonable modifications to crew structures to facilitate employment of residents.

(c) 

When awarding subcontracts, meet a thirty-percent subcontracting goal for small local businesses. Construction contractors that award subcontracts should either award 30% of subcontracts to small local businesses, or make good faith efforts to do so. Good faith efforts include such steps as notifying the City of contracting opportunities and, where feasible, breaking down large contracts into smaller contracts.

(d) 

Cooperate with City monitoring efforts and reporting requirements. Within three days of awarding any subcontract, construction contractors should notify the City and report whether the contract was awarded to a small local business. When the City is attempting to monitor compliance with the First Source Hiring and Local Business Enterprise Policy, construction contractors should cooperate by providing requested information or granting access to job sites if necessary. If a contractor disagrees with a finding by the City staff that the contractor was not in compliance with the First Source Hiring and Local Business Enterprise Policy, the contractor may present the issue to the City Common Council.