§ 27-8. Employment plans.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Economically disadvantaged individual.
"Economically disadvantaged individual" has the meaning stated in State Finance and Procurement Article § 14-301.
(3) Socially and economically disadvantaged individual.
"Socially and economically disadvantaged individual" has the meaning stated in State Finance and Procurement Article § 14-301.
(4) Socially disadvantaged individual.
"Socially disadvantaged individual" has the meaning stated in State Finance and Procurement Article § 14-301.
(b) Initial employment plan.
(1) A bidder responding to a solicitation that qualifies them as a "beneficiary" under § 25-1(b) of this article must include in their bid or proposal an initial employment plan outlining the bidder's strategy to:
(i) comply with the local hiring requirements of this subtitle; and
(ii) hire economically disadvantaged, socially disadvantaged, or economically and socially disadvantaged individuals.
(2) 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.
(3) 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.
(4) An initial employment plan must include the following:
(i) descriptions of the health and retirement benefits provided to employees who will be employed on the project;
(ii) 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;
(iii) 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;
(iv) a description of past compliance with all contract requirements detailed in this article, including whether the bidder has filed all information required by reporting requirements for recent contracts on time;
(v) 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
(vi) 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.
(c) Revised employment plan.
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:
(1) a timetable outlining the total hours worked by trade over the entire project or contract and an associated hiring schedule;
(2) descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions;
(3) 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;
(4) the designation of a senior official from the general contractor who will be responsible for implementing the hiring and reporting requirements;
(5) descriptions of the health and retirement benefits that will be provided to City residents working on the project or contract;
(6) 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;
(7) a review of past practices regarding the bidder's employment of City residents from one project or contract to the next; and
(8) 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.
(d) Ongoing reports.
Throughout the course of the project, the bidder must provide the following information to MOED on a monthly basis:
(1) the total number of hours worked on the project or contract by trade;
(2) 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;
(3) 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;
(4) 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;
(5) 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
(6) the total number of hours worked over the course of the project or contract by:
(i) employees who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals;
(ii) 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
(iii) City residents who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals.
(e) Other projects and contracts.
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.
(f) Approval required for amendments.
Once approved, the employment plan required by subsection (c) of this section may not be amended except with the approval of MOED.