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Bid Line: Prevailing Wage Policy
Resolution Number 61144

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A POLICY WHICH REQUIRES THE PAYMENT OF PREVAILING WAGES IN DESIGNATED CITY PROJECTS AND SERVICES TO THE CITY

WHEREAS ensuring equitable and sufficient wages for citizens of the City of San Jose is an essential goal; and

WHEREAS, a prevailing wage requirement in City construction contracts and other designated City contracts is important to protect City of San Jose job opportunities, stimulate the City's economy; and

WHEREAS, on October 11, 1988, the City Council of the City of San Jose adopted a prevailing wage policy by Resolution and recommended that the extension of prevailing wage requirements to other City projects and programs be studied,

NOW, THEREFORE, BE IT RESOLVEDby the Council of the City of San Jose:

SECTION 1. Prevailing Wage Policy of the City of San Jose

1. It is the policy of the City of San Jose that in any contract hereinafter entered into under the circumstances set forth below shall provide that not less than the general prevailing wage of per diem wages as defined in the California Labor Code shall be required to be paid:

1. City public works construction projects funded in whole or in part by City funds, where work is performed pursuant to any public works construction contract to which the City is a party.
2. The following direct services  which are provided under contract to the City:
   
   1. Residential Street Sweeping
   2. Convention Center Food Services
   3. Parking Lot Management Services
   4. Janitorial or Custodial Services
3. City maintenance projects of a routine, recurring or usual nature for the preservation, protection and keeping of City owned buildings, structures and ground facilities, where work is performed pursuant to contracts to which the City is a party and which exceed the contractual amount of $1,000.00.

SECTION 2. Application

1. This requirement shall apply to the employees of an employer including the general contractor, subcontractor or other contractor engaged by the general contractor in construction, alteration, demolition or repair work for construction projects designated in Section 1, above.
2. This policy shall not apply to construction on property owned by City Employee Retirement Systems.
3. The City Council reserves its right to require the payment of prevailing wages on any City project or service provided to the City not expressly designated in this Policy.
4. This Policy is not intended to create any power or duty in conflict with state of federal law or to diminish any rights or obligations established by state or federal law.
5. This Policy shall not confer upon the City any power, not otherwise provided by law, to determine the legality of any collective bargaining agreement.
6. This Policy is not intended to impose upon the City or its officers and employees, an obligation for breach of which the city or its officers and employees is liable in money damages to any person or entity who claims that such breach proximately caused injury.

SECTION 3. Implementation of Policy

1. This policy shall be implemented through the City's authority to contract with  parties affected by adoption of this Resolution.
2. Prevailing wage rates for employees covered by this Policy shall be those wage rates as established or published by the State Department of Industrial Relations.
3. Contracts or agreements entered into by the city for the projects or services specified in Section 1 above shall include provisions relating to records, apprentices, notices and enforcement in accordance with the requirements of the California Labor Code.
4. The City Manager shall develop a process and procedure for establishing prevailing wage rates where the State Department of Industrial Relations has not determined prevailing wage rates for applicable job classifications.
5. The requirements of this Policy shall be included in any requests for proposals, requests for qualifications or specifications for a project or service specified in Section 1, above. Where no request for proposal, request for qualifications or specifications are issued, potential contracting parties shall be notified of the prevailing wage rate at the first appropriate time but under no circumstance later than execution of a contract or agreement.

SECTION 4. Enforcement

1. Nothing in this Resolution and Policy shall preclude enforcement by the State Department of Industrial Relations in the projects or services specified in Section 1, above.
2. Every City contract or agreement to which this Policy applies shall contain provisions hereby the contracting party with the City may be deemed to be in breach of contract for failure to comply with the contractual requirements to pay prevailing wages in accordance with this Resolution.  Such provisions shall also authorize the City to take all appropriate action including rescission of the contract or agreement, or to seek judicial relief for damages.
3. >In imposing on its contracting parties this Policy's requirements to pay prevailing wages, the City is not assuming, nor imposing on its officers and  employees, an obligation for breach of which the City or its officers and employees is liable in money damages to any person who claims that such breach proximately caused injury.

SECTION 5. Applicability

1. This Policy shall be applicable for all contracts and agreements for which requests for proposals, requests for qualifications or specifications contain the requirements of this Policy.
2. All requests for proposals, requests for qualifications or specifications issued after the adoption of this Resolution shall contain the requirements of this Policy.
3. This Policy is immediately effective for all contracts and agreements executed by a party after adoption of this Resolution and for which no request for proposal, request for qualifications or specifications are issued.
4. This Policy shall supersede the Policy adopted by the City Council by Resolution on October 11, 1988.

ADOPTED this 7th day of February, 1989 by the following vote: AYES: ALVARADO, BEALL, HAMMER, HEAD, IANNI, LEWIS,
SAUSEDO, STABILE, WILLIAMD, McENERYNOES: RYDENABSENT:NONE THOMAS McENERY, MayorATTEST: ANDREA MEMBRENO, City Clerk

Office of Equality Assurance.170 West San Carlos Street, San Jose, CA 95113.408.277.4025

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