3.05.040 Exceptions and Waivers.
(1) During the term of a construction contract subject to this chapter, the executive or designee may reduce or waive the apprentice labor hour goals upon his or her determination that at least three of the below conditions are met as documented by the contractor and reviewed by the executive or designee:
(a) the contractor has demonstrated that it has utilized its "best efforts" to meet the established percentage requirement but remains unable to fulfill the goal;
(b) in order to meet the requirement, the contractor will be forced to displace members of its workforce;
(c) the reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels;
(d) a disproportionately high ratio of material costs to labor hours render apprentice utilization infeasible at the required levels;
(e) the contractor has demonstrated that it has contacted multiple registered apprenticeship programs, yet an insufficient number of apprentices are available to meet the contract requirements; or
(f) the contractor has demonstrated that it has met or is meeting apprenticeship requirements on all of its existing county construction projects during the 12 months prior to execution of a new contract with the county. (Added by Ord. 01-125, Dec. 19, 2001, Eff date Jan. 3, 2002; Amended by Amended Ord. 20-028, Oct. 21, 2020, Eff date Nov. 2, 2020; Amended by Amended Ord. 21-046, Aug. 25, 2021, Eff date Sept. 5, 2021).