HomeMy WebLinkAboutResolution - 95 - 2 RESOLUTION NO. 95-2
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO
ADOPTING THE LABOR COMPLIANCE PROGRAM PURSUANT TO LABOR CODE
SECTION 1771.5
The City Council for the City of San Jacinto does hereby resolve as follows:
Section 1 - Purpose: A Labor Compliance Program is hereby established for the
purpose and under the authority of California Labor Code Section 1771.5, which
provides:
"Notwithstanding Section 1771, an awarding body shall not require the
payment of the general prevailing rate of per diem wages or the general
prevailing rate of per diem wages for holiday and overtime work for any
public works project of twenty-five thousand dollars ($25,000) or less
when the project is for construction work, or for any public works project of
fifteen thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding bode
elects to initiate and enforce a labor compliance program pursuant to
subdivision (b) for every public works project under the authority of the
awarding body.'
Section 2 - Adoption of Labor Compliance Program: Under the direction of the Director
of Public Works of the City of San Jacinto, or his/her designee, there shall be
implemented and performed the following programs for every public works project
awarded by the City of San Jacinto:
(a) All bid invitations and public works contracts shall contain appropriate
language concerning the requirements of Chapter 1, Part 7 of Division 2 of the
California Labor Code.
(b) A prejob conference shall be conducted with the contractor and the
subcontractors to discuss federal and state labor law requirements applicable to
the contract.
(c) Project contractors and subcontractors shall maintain and furnish, at a
designated time, a certified copy of each weekly payroll containing a statement
of compliance signed under penalty of perjury.
(d) The Director of Public Works shall cause to be reviewed, and, if appropriate,
cause to be audited the payroll records to verify compliance with Labor Code
requirements.
(e) The Director of Public Works shall cause to be withheld contract payments
when payroll records are delinquent or inadequate.
(f) The Director of Public Works shall cause to be withheld contract payments
equal to the amount of underpayment plus applicable penalties when, after
investigation, it is established that underpayment has occurred.
Section 3 - Regulation: The Director of Public Works is hereby authorized to establish
rules and regulations for the implementation and performance of this Labor Compliance
Program.
MOVED, PASSED AND ADOPTED this 17th day of January, 1995.
AYES: councilmembers Leahy, Oaks , solorio, Williams , Mayor Hafliger
NOES: None
ABSENT: None
ABSTAIN: None
4 L (-/I
Mayor
ATTEST:
A
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"Deputy City Cler
CERTIFICATE
The foregoing is certified to be a true copy of Resolution No. 95- duly adopted
by the said City Council of the City of San Jacinto on the date set forth therein.
Deputy City Clerk