BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Board Capital Improvement Program Committee Referral - Potential Board Policy for Project Labor Agreement and Targeted Hire Agreements.
End
RECOMMENDATION:
Recommendation
A. Receive information on recent inquiries from the Santa Clara & San Benito Counties Building & Construction Trades Council, regarding District participation in a Project Labor Agreement;
B. Receive information on recent inquiries from the Santa Clara & San Benito Counties Building & Construction Trades Council, regarding District participation in a Community Workforce Pipeline Targeted Hire Agreement; and
C. Refer to the Capital Improvement Program Committee the questions of whether the District should pursue a policy to allow for Project Labor Agreements and Community Workforce Pipeline Targeted Hire Agreements.
Body
SUMMARY:
The Santa Clara and San Benito Counties Building and Construction Trades Council (Council) has recently requested that the Board of Directors consider using Project Labor Agreements (PLA) on all District public works or improvement contracts awarded by the District that are necessary to complete the project (including design-bid, design-build, lease-lease back or other contracts under which construction of the project is done). A PLA is an agreement typically negotiated between a project owner and one or more labor organizations prior to award of a construction contract. A PLA is designed to eliminate potential project delays resulting from labor strife, ensure a steady supply of skilled labor on a project, and provide a contractually binding means of resolving worker grievances. Pursuant to a PLA, an owner agrees to require all contractors and subcontractors to accept the PLA’s terms.
The Council has also proposed that the District agree to a Community Workforce Pipeline Targeted Hire Agreement (THA) and participate in the Santa Clara County Community Workforce Pipeline (the Pipeline). The purpose of a THA is to: (1) increase training and career opportunities for underrepresented and targeted individuals in the construction trades through apprenticeship and pre-apprenticeship programs and (2) developing a pipeline to ensure the continued availability of a skilled, qualified and readily available construction workforce for this and future construction projects.
If the District is ultimately interested in pursuing PLAs or THAs, a Board policy would need to be adopted to allow for this and to define under what circumstances such agreements should be considered. It is recommended that the Board refer this question to the Board Capital Improvement Program Committee so it can evaluate the matter and make a recommendation to the full Board. Upon a recommendation to proceed, the Board would then refer the matter to the Board Policy and Planning Committee to make a recommendation to the Board for the actual policy language.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action is a ministerial action and thus is not subject to the requirements of CEQA.
ATTACHMENTS:
*Handout 8.1-A, Eric Christen 09/25/18
UNCLASSIFIED MANAGER:
Manager
Michael Baratz, 408-630-2361