Councilman Chris Seelbach on Oct. 3 announced another concession in the ongoing city-county dispute over contracting rules for the jointly operated Metropolitan Sewer District (MSD).
At the heart of the issue is a federal mandate requiring Cincinnati to retrofit and revamp its sewer system. The project is estimated to cost $3.2 billion over 15 years, making it the largest infrastructure undertaking in the city’s history.
But Hamilton County commissioners have put most of the project on hold until the county resolves its conflict with City Council, which unanimously passed in June 2012 and modified in May “responsible bidder” rules that dictate how MSD contractors should train their employees.
Critics say the law’s apprenticeship program and pre-apprenticeship fund requirements put too much of a burden on nonunion businesses. Supporters claim the requirements help create local jobs and train local workers.
The city law requires bidders to follow specific standards for apprenticeship programs, which are used by unionized and nonunion businesses to teach an employee in a certain craft, such as plumbing or construction.
The concession announced on Oct. 3 would replace a mandate with an incentive program.
The mandate tasked contract bidders to prove their apprenticeship programs have graduated at least one person a year for the five previous years.
The incentive program would strip the mandate and replace it with “bid credits,” which would essentially give a small advantage to bidders who prove their apprenticeship programs are graduating employees. That advantage would be weighed along with many other factors that go into the city’s evaluation of bidders.
Seelbach says the concession will be the sixth the city has given to the county, compared to the county’s single concession.
The city has already added several exemptions to its rules, including one for small businesses and another for all contracts under $400,000, which make up half of MSD contracts. The city also previously loosened safety training requirements and other apprenticeship rules.
Meanwhile, the county has merely agreed to require state-certified apprenticeship programs, although with no specific standards like the city’s.
The five-year graduation requirement was the biggest sticking point in the city-county dispute. It’s now up to commissioners to decide whether the concession is enough to let MSD work go forward. If not, the dispute could end up in court as the federal government demands its mandate be met.