(a) HQ Hotel, L.L.C., shall enter into an agreement that requires that:
(1) Contractors and subcontractors participate in apprenticeship programs that:
(A) Meet the standards set forth in Chapter 11 of Title 7 of the District of Columbia Municipal Regulations;
(B) Have an apprenticeship program that is registered with the District of Columbia Apprenticeship Council;
(2)(A) At least 25% of the total journey workers hours performed on the construction of the new convention center hotel shall be performed by journey workers that are District residents.
(B)(i) If a contractor or subcontractor performing work on construction of the new convention center hotel is unable to identify and hire a bona fide District of Columbia resident for any of the trade work as a journey worker for the construction of the new convention center hotel, the contractor or subcontractor shall contact the Department of Employment Services (“DC DOES”) to request a list of District residents for the work.
(ii) All journey workers identified by DC DOES that are District residents shall be referred to the contractor or subcontractor making the request.
(iii) If no District residents can be identified by DC DOES to fulfill the request for a journey worker after 48 hours, the contractor or subcontractor may employ applicants from any other available source.
(3)(A) At least 60% of all apprenticeship hours by trade performed pursuant to the apprenticeship programs required by § 2-1431 shall be performed by District residents.
(B) The DC DOES Office of Apprenticeship may grant a waiver to a contractor or subcontractor if it is not able to meet the apprenticeship requirements by trade;
(4)(A) At least 60% of all skilled and unskilled laborer hours for the construction of the new convention center hotel shall be performed by District residents.
(B) For the purposes of this section, skilled laborer and unskilled laborers positions shall be defined by 40 U.S.C. §§ 3141 through 3144, 3146, and 3147;
(5)(A) Any contractor or subcontractor that fails to make a good faith effort to comply with the requirements of this section shall be subject to a monetary penalty in the amount of 5% of the direct or indirect labor costs of the contract.
(B) Penalties shall be imposed by the Mayor and all money collected from the penalties shall be deposited into the Get D.C. Residents Training for Jobs Now Career Technical Training Fund, established by § 6-1071(h)(1) [repealed].
(b) The general contractor for the construction of the new convention center hotel shall deliver a workforce implementation plan to the Council on or before September 30, 2009. The plan shall include:
(1) The total number of hours to be worked on the project by trade;
(2) The total number of journey worker hours on the project and the total number of journey worker hours to be worked by District residents;
(3) The total number of apprentice hours by trade and the total number of apprentice hours, by trade, to be worked by District residents;
(4) The total number of skilled and unskilled laborer work hours to be worked and the total number of hours to be worked by District residents;
(5) A timetable and critical path of the total work hours by trade for the construction of the new convention center hotel over 42 months;
(6) Establishment of a workforce database of District residents that will provide contractors and subcontractors with a list of journey workers, apprentices, skilled laborers, and unskilled laborers;
(7) A schedule for a stakeholders working group, including the Chair of the Committee on Economic Development, an Independent, At-Large Councilmember that serves on the Committee of Housing and Workforce Development, or their designees, and representatives from the First Source Agreement Program, the Office of Apprenticeship Information and Training, the Department of Small and Local Business Development, the Washington Convention Center Authority, HQ Hotel, L.L.C., and the general contractor to review and discuss the progress of the workforce mandates;
(8) An established monitoring process, approved by DC DOES, of all contractors and subcontractors through their certified payrolls, which process shall include a monthly monitoring report including hours worked by District residents and the amount paid to District residents for each trade;
(9) A remediation strategy to ameliorate any workforce problem encountered with contractors and subcontractors; and
(10) A senior official from the general contractor who will be responsible for implementing the workforce mandates of this part.
Effect of Amendments
For temporary (90 day) addition, see § 2(i) of New Convention Center Hotel Emergency Amendment Act of 2009 (D.C. Act 18-186, August 12, 2009, 56 DCR 6967).