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First Source Agreement. Revised 2013
Page 1 of 11
GOVERNMENT OF THE DISTRICT OF COLUMBIA
FIRST SOURCE EMPLOYMENT AGREEMENT FOR
CONSTRUCTION PROJECTS ONLY
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION
CONTRACT/SOLICITATION NUMBER: _____________________________________________
DISTRICT CONTRACTING AGENCY: _______________________________________________
CONTRACTING OFFICER: _________________________________________________________
TELEPHONE NUMBER: ___________________________________________________________
TOTAL CONTRACT AMOUNT: _____________________________________________________
EMPLOYER CONTRACT AMOUNT: _________________________________________________
PROJECT NAME: _________________________________________________________________
PROJECT ADDRESS: ______________________________________________________________
CITY: ___________________________ STATE: ________________ ZIP CODE: ______________
PROJECT START DATE: _____________________ PROJECT END DATE: __________________
EMPLOYER START DATE: __________________ EMPLOYER END DATE: ________________
EMPLOYER INFORMATION
EMPLOYER NAME: _______________________________________________________________
EMPLOYER ADDRESS: ____________________________________________________________
CITY: ___________________________ STATE: ________________ ZIP CODE: ______________
TELEPHONE NUMBER: ________________ FEDERAL IDENTIFICATION NO.:_____________
CONTACT PERSON: _______________________________________________________________
TITLE: ___________________________________________________________________________
E-MAIL:____________________________________TELEPHONE NUMBER: ________________
LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE (LSDBE) CERTIFICATION
NUMBER:________________
D.C. APPRENTICESHIP COUNCIL REGISTRATION NUMBER: __________________________
ARE YOU A SUBCONTRACTOR
YES NO IF YES, NAME OF PRIME
CONTRACTOR: ___________________________________________________________________
This First Source Employment Agreement (Agreement), in accordance with Workforce Intermediary
Establishment and Reform of the First Source Amendment Act of 2011 (D.C. Official Code §§ 2-
219.01 – 2.219.05), and relevant provisions of the Apprenticeship Requirements Amendment Act of
2004 (D.C. Official Code § 2-219.03 and § 32-1431) for recruitment, referral, and placement of
District of Columbia residents, is between the District of Columbia Department of Employment
Services, (DOES) and EMPLOYER. Pursuant to this Agreement, the EMPLOYER shall use DOES
as its first source for recruitment, referral, and placement of new hires or employees for all jobs
created by the Government Assisted Project or Contract (Project). The EMPLOYER shall meet the
hiring or hours worked percentage requirements for all jobs created by the Project as outlined below
in Section VII. The EMPLOYER shall ensure that District of Columbia residents (DC residents)
registered in programs approved by the District of Columbia Apprenticeship Council shall work 35%
(or 60% where applicable) of all apprenticeship hours worked in connection with the Project.
I. DEFINITIONS
The following definitions shall govern the terms used in this Agreement.
A. Apprentice means a worker who is employed to learn an apprenticeable occupation under the
terms and conditions of approved apprenticeship standards.
B. Beneficiary means:
1. The signatory to a contract executed by the Mayor which involves any District of
First Source Agreement. Revised 2013
Page 2 of 11
Columbia government funds, or funds which, in accordance with a federal grant or
otherwise, the District government administers and which details the number and
description of all jobs created by a government-assisted project or contract for which
the beneficiary is required to use the First Source Register;
2. A recipient of a District government economic development action including
contracts, grants, loans, tax abatements, land transfers for redevelopment, or tax
increment financing that results in a financial benefit of $300,000 or more from an
agency, commission, instrumentality, or other entity of the District government,
including a financial or banking institution which serves as the repository for $1
million or more of District of Columbia funds.
3. A retail or commercial tenant that is a direct recipient of a District government
economic development action, including contracts, grants, loans, tax abatements,
land transfers for public redevelopment, or tax increment financing in excess of
$300,000.
C. Contracting Agency means any District of Columbia agency that awarded a government
assisted project or contract totaling $300,000 or more.
D. Direct labor costs means all costs, including wages and benefits, associated with the hiring
and employment of personnel assigned to a process in which payroll expenses are traced to
the units of output and are included in the cost of goods sold.
E. EMPLOYER means any entity awarded a government assisted project or contract totaling
$300,000 or more.
F. First Source Employer Portal means the website consisting of a connected group of static
and dynamic (functional) pages and forms on the World Wide Web accessible by Uniform
Resource Locator (URL) and maintained by DOES to provide information and reporting
functionality to EMPLOYERS.
G. First Source Register means the DOES Automated Applicant Files, which consists of the
names of DC residents registered with DOES.
H. Good faith effort means an EMPLOYER has exhausted all reasonable means to comply with
any affirmative action, hiring, or contractual goal(s) pursuant to the First Source law and
Agreement.
I. Government-assisted project or contract (Project) means any construction or non-
construction project or contract receiving funds or resources from the District of Columbia, or
funds or resources which, in accordance with a federal grant or otherwise, the District of
Columbia government administers, including contracts, grants, loans, tax abatements or
exemptions, land transfers, land disposition and development agreements, tax increment
financing, or any combination thereof, that is valued at $300,000 or more.
J. Hard to employ means a District of Columbia resident who is confirmed by DOES as:
1. An ex-offender who has been released from prison within the last 10 years;
2. A participant of the Temporary Assistance for Needy Families program;
3. A participant of the Supplemental Nutrition Assistance Program;
4. Living with a permanent disability verified by the Social Security Administration or
First Source Agreement. Revised 2013
Page 3 of 11
District vocational rehabilitation program;
5. Unemployed for 6 months or more in the last 12-month period;
6. Homeless;
7. A participant or graduate of the Transitional Employment Program established by §
32-1331
; or
8. An individual who qualified for inclusion in the Work Opportunity Tax Credit
Program as certified by the Department of Employment Services.
K. Indirect labor costs means all costs, including wages and benefits, that are part of operating
expenses and are associated with the hiring and employment of personnel assigned to tasks
other than producing products.
L. Jobs means any union and non-union managerial, nonmanagerial, professional,
nonprofessional, technical or nontechnical position including: clerical and sales occupations,
service occupations, processing occupations, machine trade occupations, bench work
occupations, structural work occupations, agricultural, fishery, forestry, and related
occupations, and any other occupations as the Department of Employment Services may
identify in the Dictionary of Occupational Titles, United States Department of Labor.
M. Journeyman means a worker who has attained a level of skill, abilities and competencies
recognized within an industry as having mastered the skills and competencies required for the
occupation.
N. Revised Employment Plan means a document prepared and submitted by the EMPLOYER
that includes the following:
1. A projection of the total number of hours to be worked on the project or contract by
trade;
2. A projection of the total number of journey worker hours, by trade, to be worked on
the project or contract and the total number of journey worker hours, by trade, to be
worked by DC residents;
3. A projection of the total number of apprentice hours, by trade, to be worked on the
project or contract and the total number of apprentice hours, by trade, to be worked
by DC residents;
4. A projection of the total number of skilled laborer hours, by trade, to be worked on
the project or contract and the total number of skilled laborer hours, by trade, to be
worked by DC residents;
5. A projection of the total number of common laborer hours to be worked on the
project or contract and the total number of common laborer hours to be worked by
DC residents;
6. A timetable outlining the total hours worked by trade over the life of the project or
contract and an associated hiring schedule;
7. Descriptions of the skill requirements by job title or position, including industry-
recognized certifications required for the different positions;
First Source Agreement. Revised 2013
Page 4 of 11
8.
A strategy to fill the hours required to be worked by DC residents pursuant to this
paragraph, including a component on communicating these requirements to
contractors and subcontractors and a component on potential community outreach
partnerships with the University of the District of Columbia, the University of the
District of Columbia Community College, the Department of Employment Services,
Jointly Funded Apprenticeship Programs, the District of Columbia Workforce
Intermediary, or other government-approved, community-based job training
providers;
9. A remediation strategy to ameliorate any problems associated with meeting these
hiring requirements, including any problems encountered with contractors and
subcontractors;
10. The designation of a senior official from the general contractor who will be
responsible for implementing the hiring and reporting requirements;
11. Descriptions of the health and retirement benefits that will be provided to DC
residents working on the project or contract;
12. A strategy to ensure that District residents who work on the project or contract
receive ongoing employment and training opportunities after they complete work on
the job for which they were initially hired and a review of past practices in continuing
to employ DC residents from one project or contract to the next;
13. A strategy to hire graduates of District of Columbia Public Schools, District of
Columbia public charter schools, and community-based job training providers, and
hard-to-employ residents; and
14. A disclosure of past compliance with the Workforce Act and the Davis-Bacon Act,
where applicable, and the bidder or offeror's general DC resident hiring practices on
projects or contracts completed within the last 2 years.
O. Tier Subcontractor means any contractor selected by the primary subcontractor to perform
portion(s) or all work related to the trade or occupation area(s) on a contract or project subject
to this First Source Agreement.
P. Washington Metropolitan Statistical Area means the District of Columbia; Virginia Cities
of Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park; the
Virginia Counties of Arlington, Clarke, Fairfax, Fauquier, Loudon, Prince William,
Spotsylvania, Stafford, and Warren; the Maryland Counties of Calvert, Charles, Frederick,
Montgomery and Prince Georges; and the West Virginia County of Jefferson.
Q. Workforce Intermediary Pilot Program means the intermediary between employers and
training providers to provide employers with qualified DC resident job applicants. See DC
Official Code § 2-219.04b.
II. GENERAL TERMS
A. Subject to the terms and conditions set forth herein, DOES will receive the Agreement from
the Contracting Agency no less than 7 calendar days in advance of the Project start date,
whichever is later. No work associated with the relevant Project can begin until the
Agreement has been accepted by DOES.
B. The EMPLOYER will require all Project contractors and Project subcontractors with
contracts or subcontracts totaling $300,000 or more to enter into an Agreement with DOES.
First Source Agreement. Revised 2013
Page 5 of 11
C. DOES will provide recruitment, referral, and placement services to the EMPLOYER, subject
to the limitations in this Agreement.
D. This Agreement will take effect when signed by the parties below and will be fully effective
through the duration, any extension or modification of the Project and until such time as
construction is complete and a certificate of occupancy is issued.
E. DOES and the EMPLOYER agree that, for purposes of this Agreement, new hires and jobs
created for the Project (both union and nonunion) include all of EMPLOYER'S job openings
and vacancies in the Washington Metropolitan Statistical Area created for the Project as a
result of internal promotions, terminations, and expansions of the EMPLOYER'S workforce,
as a result of this Project, including loans, lease agreements, zoning applications, bonds, bids,
and contracts.
F. This Agreement includes apprentices as defined in D.C. Official Code §§ 32-1401- 1431.
G. DOES will make every effort to work within the terms of all collective bargaining
agreements to which the EMPLOYER is a party. The EMPLOYER will provide DOES with
written documentation that the EMPLOYER has provided the representative of any collective
bargaining unit involved with this Project a copy of this Agreement and has requested
comments or objections. If the representative has any comments or objections, the
EMPLOYER will promptly provide them to DOES.
H. The EMPLOYER who contracts with the District of Columbia government to perform
construction, renovation work, or information technology work with a single contract, or
cumulative contracts, of at least $500,000, let within a 12-month period will be required to
register an apprenticeship program with the District of Columbia Apprenticeship Council as
required by DC Code 32-1431.
I. If, during the term of this Agreement, the EMPLOYER should transfer possession of all or a
portion of its business concerns affected by this Agreement to any other party by lease, sale,
assignment, merger, or otherwise this First Source Agreement shall remain in full force and
effect and transferee shall remain subject to all provisions herein. In addition, the
EMPLOYER as a condition of transfer shall:
1. Notify the party taking possession of the existence of this EMPLOYER'S First
Source Employment Agreement.
2. Notify DOES within 7 business days of the transfer. This notice will include the
name of the party taking possession and the name and telephone of that party's
representative.
J. The EMPLOYER and DOES may mutually agree to modify this Agreement. Any
modification shall be in writing, signed by the EMPLOYER and DOES and attached to the
original Agreement.
K. To the extent that this Agreement is in conflict with any federal labor laws or governmental
regulations, the federal laws or regulations shall prevail.
III. TRAINING
A. DOES and the EMPLOYER may agree to develop skills training and on-the-job training
programs as approved by DOES; the training specifications and cost for such training will be
mutually agreed upon by the EMPLOYER and DOES and will be set forth in a separate
First Source Agreement. Revised 2013
Page 6 of 11
Training Agreement.
IV. RECRUITMENT
A. The EMPLOYER will complete the attached Revised Employment Plan that will include the
information outlined in Section I.N., above.
B. The EMPLOYER will post all job vacancies with the Job Bank Services of DOES at
http://does.dc.gov
within 7 days of executing the Agreement. Should you need assistance
posting job vacancies, please contact Job Bank Services at (202) 698-6001.
C. The EMPLOYER will notify DOES of all new jobs created for the Project within at least 7
business days (Monday - Friday) of the EMPLOYERS’ identification/creation of the new
jobs. The Notice of New Job Creation shall include the number of employees needed by job
title, qualifications and specific skills required to perform the job, hiring date, rate of pay,
hours of work, duration of employment, and a description of the work to be performed. This
must be done before using any other referral source.
D. Job openings to be filled by internal promotion from the EMPLOYER'S current workforce
shall be reported to DOES for placement and referral, if the job is newly created.
EMPLOYER shall provide DOES a Notice of New Job Creation that details such promotions
in accordance with Section IV.C.
E. The EMPLOYER will submit to DOES, prior to commencing work on the Project, a list of
Current Employees that includes the name, social security number, and residency status of all
current employees, including apprentices, trainees, and laid-off workers who will be
employed on the Project. All EMPLOYER information reviewed or gathered, including
social security numbers, as a result of DOES’ monitoring and enforcement activities will be
held confidential in accordance with all District and federal confidentiality and privacy laws
and used only for the purposes that it was reviewed or gathered.
V. REFERRAL
A. DOES will screen applicants through carefully planned recruitment and training events and
provide the EMPLOYER with a list of qualified applicants according to the number of
employees needed by job title, qualifications and specific skills required to perform the job,
hiring date, rate of pay, hours of work, duration of employment, and a description of the work
to be performed as supplied by the EMPLOYER in its Notice set forth above in Section IV.C.
B. DOES will notify the EMPLOYER of the number of applicants DOES will refer, prior to the
anticipated hiring dates.
VI. PLACEMENT
A. EMPLOYER shall in good faith, use reasonable efforts to select its new hires or
employees from among the qualified applicants referred by DOES. All hiring decisions are
made by the EMPLOYER.
B. In the event that DOES is unable to refer qualified applicants meeting the EMPLOYER’S
established qualifications, within 7 business days (Monday - Friday) from the date of
notification from the EMPLOYER, the EMPLOYER will be free to directly fill remaining
positions for which no qualified applicants have been referred. The EMPLOYER will still be
required to meet the hiring or hours worked percentages for all jobs created by the Project.
C. After the EMPLOYER has selected its employees, DOES is not responsible for the
First Source Agreement. Revised 2013
Page 7 of 11
employees' actions and the EMPLOYER hereby releases DOES, and the Government of the
District of Columbia, the District of Columbia Municipal Corporation, and the officers and
employees of the District of Columbia from any liability for employees' actions.
VII. REPORTING REQUIREMENTS
A. EMPLOYER is given the choice to report hiring or hours worked percentages either by Prime
Contractor for the entire Project or per each Sub-contractor.
B. EMPLOYER with Projects valued at a minimum of $300,000 shall hire DC residents for at
least 51% of all new jobs created by the Project.
C. EMPLOYER with Projects totaling $5 million or more shall meet the following hours worked
percentages for all
jobs created by the Project:
1. At least 20% of journey worker hours by trade shall be performed by DC
residents;
2. At least 60% of apprentice hours by trade shall be performed by DC
residents;
3. At least 51% of the skilled laborer hours by trade shall be performed by
DC residents; and
4. At least 70% of common laborer hours shall be performed by DC
residents.
D. EMPLOYER shall have a user name and password for the First Source Employer Portal for
electronic submission of all monthly Contract Compliance Forms, weekly certified payrolls
and any other documents required by DOES for reporting and monitoring.
E. EMPLOYER with Projects valued at a minimum of $300,000 shall provide the following
monthly and cumulative statistics on the Contract Compliance Form:
1. Number of new job openings created/available;
2. Number of new job openings listed with DOES, or any other District Agency;
3. Number of DC residents hired for new jobs;
4. Number of employees transferred to the Project;
5. Number of DC residents transferred to the Project;
6. Direct or indirect labor cost associated with the project;
7. Each employee’s name, job title, social security number, hire date, residence,
and referral source; and
8. Workforce statistics throughout the entire project tenure.
F. In addition to the reporting requirements outlined in E, EMPLOYER with Projects totaling $5
million or more
shall provide the following monthly and cumulative statistics on the Contract
Compliance Form:
1. Number of journey worker hours worked by DC residents by trade;
2. Number of hours worked by all journey workers by trade;
3. Number of apprentice hours worked by DC residents by trade;
4. Number of hours worked by all apprentices by trade;
5. Number of skilled laborer worker hours worked by DC residents by trade;
6. Number of hours worked by all skilled laborers by trade;
7. Number of common laborer hours worked by DC residents by trade; and
8. Number of hours worked by all common laborers by trade.
First Source Agreement. Revised 2013
Page 8 of 11
G. EMPLOYER can “double count” hours for the “hard to employ” up to 15% of total hours
worked by DC Residents.
H. For construction Projects that are not subject to Davis-Bacon law in which certified payroll
records do not exist, EMPLOYER must submit monthly documents of workers employed on
the Project to DOES, including DC residents and all employment classifications of hours
worked.
I. EMPLOYER may also be required to provide verification of hours worked or hiring
percentages of DC residents, such as internal payroll records for construction Projects that are
not subject to Davis-Bacon.
J. Monthly, EMPLOYER must submit weekly certified payrolls from all subcontractors at any
tier working on the Project to the Contracting Agency. EMPLOYER is also required to make
payroll records available to DOES as a part of compliance monitoring, upon request at job
sites.
VIII. FINAL REPORT AND GOOD FAITH EFFORTS
A. With the submission of the final request for payment from the Contracting Agency,
the EMPLOYER shall:
1. Document in a report to DOES its compliance with the hiring or hours worked
percentage requirements for all jobs created by the Project and the percentages of
DC residents employed in all Trade Classifications, for each area of the Project;
or
2. Submit to DOES a request for a waiver of the hiring or hours worked percentage
requirements for all jobs created by the Project that will include the following
documentation:
a. Documentation supporting EMPLOYER’S good faith effort to comply;
b. Referrals provided by DOES and other referral sources; and
c. Advertisement of job openings listed with DOES and other referral sources.
B. DOES may waive the hiring or hours worked percentage requirements for all jobs created by
the Project, and/or the required percentages of DC residents in all Trade Classifications areas
on the Project, if DOES finds that:
1. EMPLOYER demonstrated a good faith effort to comply, as set forth in Section C,
below; or
2. EMPLOYER is located outside the Washington Metropolitan Statistical Area and none
of the contract work is performed inside the Washington Metropolitan Statistical Area.
3. EMPLOYER entered into a special workforce development training or placement
arrangement with DOES or with the District of Columbia Workforce Intermediary; or
4. DOES certified that there are insufficient numbers of DC residents in the labor market
possessing the skills required by the EMPLOYER for the positions created as a result
of the Project. No failure by Employer to request a waiver under any other provision
hereunder shall be considered relevant to a requested waiver under this Subsection.
C. DOES shall consider documentation of the following when making a determination of a
good-faith effort to comply:
First Source Agreement. Revised 2013
Page 9 of 11
1. Whether the EMPLOYER posted the jobs on the DOES job website for a minimum
of 10 calendar days;
2. Whether the EMPLOYER advertised each job opening in a District newspaper with
city-wide circulation for a minimum of 7 calendar days;
3. Whether the EMPLOYER advertised each job opening in special interest publications
and on special interest media for a minimum of 7 calendar days;
4. Whether the EMPLOYER hosted informational/recruiting or hiring fairs;
5. Whether the EMPLOYER contacted churches, unions, and/or additional Workforce
Development Organizations;
6. Whether the EMPLOYER interviewed employable candidates;
7. Whether the EMPLOYER created or participated in a workforce development
program approved by DOES;
8. Whether the EMPLOYER created or participated in a workforce development
program approved by the District of Columbia Workforce Intermediary;
9. Whether the EMPLOYER substantially complied with the relevant monthly reporting
requirements set forth in this section;
10. Whether the EMPLOYER has submitted and substantially complied with its most
recent employment plan that has been approved by DOES; and
11. Any additional documented efforts.
IX. MONITORING
A. DOES is the District agency authorized to monitor and enforce the requirements of the
Workforce Intermediary Establishment and Reform of the First Source Amendment Act of
2011 (D.C. Official Code §§ 2 219.01 – 2.219.05), and relevant provisions of the
Apprenticeship Requirements Amendment Act of 2004 (D.C. Official Code § 2-219.03 and §
32-1431). As a part of monitoring and enforcement, DOES may require and EMPLOYER
shall grant access to Project sites, employees, and documents.
B. EMPLOYER’S noncompliance with the provisions of this Agreement may result in the
imposition of penalties.
C. All EMPLOYER information reviewed or gathered, including social security numbers, as a
result of DOES’ monitoring and enforcement activities will be held confidential in
accordance with all District and federal confidentiality and privacy laws and used only for the
purposes that it was reviewed or gathered.
D. DOES shall monitor all Projects as authorized by law. DOES will:
1. Review all contract controls to determine if Prime Contractors and Subcontractors are
subject to DC Law 14-24.
2.
Notify stakeholders and com
pany officials and establish meetings to provide technical
assistance involving the First Source Process.
First Source Agreement. Revised 2013
Page 10 of 11
3. Make regular construction site visits to determine if the Prime or Subcontractors’
workforce is in concurrence with the submitted Agreement and Monthly Compliance
Reports.
4. Inspect and copy certified payroll, personnel records and any other records or information
necessary to ensure the required workforce utilization is in compliance with the First
Source Law.
5. Conduct desk reviews of Monthly Compliance Reports.
6. Educate EMPLOYERS about additional services offered by DOES, such as On-the-Job
training programs and tax incentives for EMPLOYERS who hire from certain categories.
7. Monitor and complete statistical reports that identify the overall project, contractor, and
sub contractors’ hiring or hours worked percentages.
8. Provide formal notification of non-compliance with the required hiring or hours worked
percentages, or any alleged breach of the First Source Law to all contracting agencies,
and stakeholders. (Please note: EMPLOYERS are granted 30 days to correct any
alleged deficiencies stated in the notification.)
X. PENALTIES
A. Willful breach of the Agreement by the EMPLOYER, failure to submit the Contract
Compliance Reports, deliberate submission of falsified data or failure to reach specific hiring
or hours worked requirements may result in DOES imposing a fine of 5% of the total amount
of the direct and indirect labor costs of the contract for the positions created by EMPLOYER.
Fines will also include additional prorated fines of 1/8 of 1% of total contract amount for not
reaching specific hiring or hours worked requirements. Prime Contractors who choose to
report all hiring or hours worked percentages cumulatively (overall construction project) will
be penalized, if hiring or hours worked percentage requirements are not met.
B. EMPLOYERS who have been found in violation 2 times or more over a 10 year period may
be debarred and/or deemed ineligible for consideration for Projects for a period of 5 years.
C. Appeals of violations or fines are to be filed with the Contract Appeals Board.
First Source Agreement. Revised 2013
Page 11 of 11
I hereby certify that I have the authority to bind the EMPLOYER to this Agreement.
By:
______________________________________
EMPLOYER Senior Official
______________________________________
Name of Company
______________________________________
______________________________________
Address
______________________________________
Telephone
______________________________________
Email
______________________________________ ___________________
Associate Director for First Source Date
Department of Employment Services
4058 Minnesota Avenue, NE
Third Floor
Washington, DC 20019
202-698-6284
firstsource@dc.gov
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GOVERNMENT OF THE DISTRICT OF COLUMBIA FIRST SOURCE (University of the District of Columbia)

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Completed 31 August 2020

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