§ 18.10.040. Certification of compliance.

A.

The local hire bonus shall be payable to any contractor or subcontractor who certifies personally or by authorized agent, under penalty of perjury, on the forms provided by the mayor, that not less than 90 percent of the nonexempted total payroll hours paid for hourly payroll personnel employed after the contract bid award, was paid to persons who were at the time of hire residents of the Kenai Peninsula Borough as defined by this chapter.

B.

In the event that the contractor can demonstrate that there were no qualified and available residents of the Kenai Peninsula Borough for a specific position or vacancy as defined in this chapter, the mayor or his designee may grant an exemption for that position or vacancy in computing the percentage of payroll hours necessary for compliance. Request for exemption must be submitted with justification within 10 days of the first week of employment.

C.

The contractor shall also certify that he posted a copy of the ordinance codified in this chapter at a public location at or near the job site during the entire term of the contract, and has stated that the ordinance was posted in his notice of intent to apply for the local hire bonus.

D.

For the purpose of this section, a resident of the Kenai Peninsula Borough is defined as a person who certifies in writing, under penalty of perjury, on forms provided by the mayor, that he or she is a bona fide resident of the Kenai Peninsula Borough by reason of: (1) maintaining a primary place of residence within the Kenai Peninsula Borough; (2) residency within the Kenai Peninsula Borough sufficient to qualify for voting, whether or not the person is registered to vote in borough elections; (3) no claim of residency elsewhere; and (4) an intent to remain indefinitely.

E.

A contractor or subcontractor may rely upon an individual's certification that he or she is a bona fide resident, whether or not the certification is true-in-fact, provided that the contractor reports all facts indicating the contrary to the mayor within 10 days of discovery.

(Ord. No. 86-13, § 1(part), 1986; Ord. No. 83-21, § 1(part), 1983)