Loading...
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 J 1 ;ui '— "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