Before the disbursement of any City funds, the beneficiary must perform an employment analysis with MOED to determine how many jobs will be required to complete the contract or project and how many of those jobs will require new hiring. Ord. 13-142

All new jobs needed for the contract or project must be posted through MOED for a period of 7 days before being publically advertised. Ord. 13-142

At least 51% of the new jobs required to complete the contract or project must be filled by Baltimore City residents. MOED may waive or lower the requirement of subsection (a) of this section if it finds that:a good faith effort to comply has been made by the beneficiary; the beneficiary is located outside the Baltimore Standard Metropolitan Statistical Area and none of the contract work is performed inside the Baltimore Standard Metropolitan Statistical Area; the beneficiary has entered into a satisfactory special workforce development training or placement arrangement with MOED; or there are insufficient numbers of Baltimore City residents in the labor market who possess the skills required by the new jobs needed to be filled for the contract or project. Ord. 13-142

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, MOED may adopt rules and regulations to carry out this subtitle or to clarify any terms or phrases in this subtitle. Ord. 13-142 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

In this section, the following terms have the meanings indicated. “Economically disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. “Socially and economically disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. “Socially disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. A bidder responding to a solicitation that qualifies them as a “beneficiary” under <cite data-path="|5|§25-1|(b)">§ 25-1(b) of this article</cite> must include in their bid or proposal an initial employment plan outlining the bidder’s strategy to:comply with the local hiring requirements of this subtitle; and hire economically disadvantaged, socially disadvantaged, or economically and socially disadvantaged individuals. The Director of the Department of Finance shall determine whether an initial employment plan submitted under this subsection contains the information required in paragraph (4) of this subsection. The Director of the Department of Finance’s determination that the initial employment plan contains the information required in paragraph (4) of this subsection is worth 10% of the overall score of the bid or proposal. An initial employment plan must include the following:descriptions of the health and retirement benefits provided to employees who will be employed on the project; a description of the bidder’s efforts to provide City residents with ongoing employment and training opportunities after they complete work on the job for which they were initially hired; a detailed description of the bidder’s efforts to hire and retain at least 50% of its total workforce those who constitute economically disadvantaged, socially disadvantaged, and socially and economically disadvantaged individuals; a description of past compliance with all contract requirements detailed in <cite data-path="|5">this article</cite>, including whether the bidder has filed all information required by reporting requirements for recent contracts on time; a strategy, developed in conjunction with MOED staff, to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired and a review of past practices in continuing to employ City residents from one project or contract to the next; and a strategy, developed in conjunction with MOED staff, to hire graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. The winning bidder must submit a revised employment plan that includes the following information to MOED for approval prior to beginning work associated with the relevant government project or contract and within 2 weeks of receiving a notice to proceed from the awarding agency:a timetable outlining the total hours worked by trade over the entire project or contract and an associated hiring schedule; descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions; a strategy to fill the hours required to be worked by City residents pursuant to this subtitle, including informing contractors and subcontractors about these requirements and creating outreach partnerships with the University of Baltimore, Baltimore City Community College, the Mayor’s Office of Employment Development, or other government-approved, community-based job training providers; the designation of a senior official from the general contractor who will be responsible for implementing the hiring and reporting requirements; descriptions of the health and retirement benefits that will be provided to City residents working on the project or contract; the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired; a review of past practices regarding the bidder’s employment of City residents from one project or contract to the next; and the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that the bidder hires graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. Throughout the course of the project, the bidder must provide the following information to MOED on a monthly basis:the total number of hours worked on the project or contract by trade; the total number of hours of work by journeymen, by trade, worked over the course of the project or contract and the total number of hours of work by journeymen, by trade, worked by City residents; the total number of hours by apprentices, by trade, worked over the course of the project or contract and the total number of hours by apprentices, by trade, worked by City residents; the total number of hours by skilled laborers, by trade, worked over the course of the project or contract and the total number of hours by skilled laborers, by trade, worked by City residents; the total number of hours by non-skilled laborers worked over the course of the project or contract and the total number of hours of non-skilled laborers worked by City residents; and the total number of hours worked over the course of the project or contract by:employees who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals; employees who meet the local hiring requirements of this subtitle, which include posting job openings with MOED, having City residents comprise at least 51% of the bidder’s employees, and complying with monthly reporting requirements; and City residents who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals. MOED must require any beneficiaries of government-assisted projects or contracts under this subtitle that are not awarded through the contracting process to develop and submit to MOED the employment plan required in subsection (c) of this section. Once approved, the employment plan required by subsection (c) of this section may not be amended except with the approval of MOED. Ord. 21-045

In each month of the contract or project the beneficiary must submit a report to MOED, on the form designated by MOED, that includes the following: the number of employees needed for the contract or project; the number of current employees transferred; the number of new job openings created; the number of job openings listed with MOED; the total number of Baltimore City residents hired for the reporting period and the cumulative total number of Baltimore City residents hired; total number of all employees hired for the reporting period and the cumulative total of employees hired; and for each new hire during the reporting period, the new hire’s:name; social security number; job title; hire date; residence; and referral source. Ord. 13-142 Ord. 21-045

If the Board of Estimates, on recommendation from MOED, and after notice and hearing, determines that any beneficiary has violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that beneficiary, or to any firm, corporation, or partnership in which that beneficiary has an interest, until 1 year has elapsed from the date of the determination. An intentional violation of any provision of this subtitle is a misdemeanor, and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 13-142