{news} Keeping jobs local: Burlington city law bans use of outsourcing

[David Bedell]

Below is the actual language of the ordinance.  Thanks to Daniel Sumrall for 
tracking this down.

------------------------------
									                Councilors Montroll,
					         Shannon, Ashe: Ordinance Com. (without recommendation)


OFFENSES AND MISCELLANEOUS PROVISIONS
Outsourcing


That Chapter 21, Offenses & Miscellaneous Provisions, of the Code of 
Ordinances of the City of Burlington be and hereby is amended by adding 
Article VII, Outsourcing, Sections 21-90 through 21-94 thereto to read as 
follows:

ARTICLE VII.  OUTSOURCING

Sec.  21-90.  Policy.
   It is the policy of the City of Burlington to let service contracts to 
contractors, subcontractors and vendors who perform work in the United 
States.
Sec 21-91.  Definitions.
   (a)  Contractor or vendor – A person or entity that has a contract with 
the City of Burlington primarily for the furnishing of services (as opposed 
to the purchasing of goods), including any subcontractors of such contractor 
or vendor.
   (b) Government funded project - Any contract for services which involves 
any City funds and the total amount of the contract is $50,000 or more.  
Burlington School Department contracts shall not be considered government 
funded projects under this article.
   (c) Outsourcing - The assigning or reassigning, directly, or indirectly 
through subcontracting, of services under a government funded project to 
workers performing the work outside of the United States.
Sec 21-92.  Implementation.
   (a) No contract for a government funded project shall be let to any 
contractor, subcontractor, or vendor who is outsourcing, or causing the work 
to be performed outside of the United States or Canada.
   (b) Prior to the commencement of work on a government funded project a 
contractor, subcontractor or vendor shall provide written certification that 
the services provided under the contract will be performed in the United 
States or Canada.
Sec. 21-93.  Exemption.
   An exemption from requirements of this article may be authorized by the 
Chief Administrative Officer based upon a determination that the services to 
be performed for the government funded project are not available in the 
United States or Canada at a reasonable cost.  Any such exemption decision 
by the Chief Administrative Officer shall be reported to the Board of 
Finance in writing within five (5) days.  The Board of Finance may, if it 
should vote to do so, override the exemption decision if such vote occurs 
within fourteen (14) days of the date of the Chief Administrative Officer’s 
communication to such Board.
Sec. 21-94 Enforcement
   (a) Any contractor, subcontractor or vendor who files false or materially 
misleading information in connection with an application, certification or 
request for information pursuant to the
provisions of this article or outsources work on a government funded project 
shall be deemed to be in violation of this article.
   (b) A violation of this article shall be a civil offense subject to a 
civil penalty of from one hundred dollars ($100.00) to five hundred dollars 
($500.00).  All law enforcement officers and any other duly authorized 
municipal officials are authorized to issue a municipal complaint for a
violation of this article.  Each day any violation of any provision of this 
article shall continue shall constitute a separate violation.
   (c) The City of Burlington shall have the right to modify, terminate and 
or seek specific performance of any contract for a government funded project 
if the contractor, subcontractor or vendor has not complied with this 
article.
Sec. 21-95 through Sec. 21-100.  Reserved.



lb/kas/c: Ordinances 2005/Offenses, Misc Provisions, Outsourcing Service 
Contracts, Sec.21-90 thru Sec. 21-94 (Jobs, work being done outside the 
U.S.)
5/11/04; 11/17/05