§ 14.09

RESERVED†

Chapter 14.08

RESERVED‡

Chapter 14.09

PREVAILING WAGE REQUIREMENTS FOR CITY CONTRACTS INVOLVING PUBLIC WORKS

Parts:

1 Purpose and Definitions 2 Prevailing Wage Requirements

Part 1

PURPOSE AND DEFINITIONS

• A. This chapter sets forth the city's prevailing wage policy for contracts entered into by the city for "public works" (as that term is defined herein) that are municipal affairs so as to comply with Labor Code Section 1782. It reflects the city's intent to apply state prevailing wage requirements to contracts entered into by the city involving public works that are municipal affairs.

• B. The city's prevailing wage policy as set forth in Resolution Nos. 61144, 61716, 72518, 71584, and 76242, or any future resolution governing prevailing wages, shall not apply to the extent a contract for a public works is covered by this chapter. The city's prevailing wage policy as set forth in these resolutions or any future resolutions shall continue to apply to all other contracts.

Sections:

*Editor’s note— Ord. 30308, § 8, adopted Sept. 24, 2019, repealed Ch. 14.06, §§ 14.06.100 - 14.06.110, 14.06.200 - 14.06.320, 14.06.400 - 14.06.440, and 14.06.500 - 14.06.600. Former Ch. 14.06 pertained to Dispute Avoidance and Dispute Resolution Policy and derived from Ord. 26764.

†Editor’s note— Ord. 30308, § 9, adopted Sept. 24, 2019, repealed Ch. 14.07, §§ 14.07.100, 14.07.200 - 14.07.230, 14.07.300 - 14.07.390, 14.07.400, 14.07.410, 14.07.500 - 14.07.560, 14.07.600 - 14.07.660, 14.07.700 - 14.07.720, 14.07.800, and 14.07.810. Former Ch. 14.07 pertained to DesignBuild Contracts and derived from Ord. 27323.

‡Editor’s note— Ord. 30308, § 10, adopted Sept. 24, 2019, repealed Ch. 14.08, §§ 14.08.010 - 14.08.030. Former Ch. 14.08 pertained to Encumbrance of Funds for Construction Contracts and derived from Prior code §§ 2911.1 - 2911.3 and Ord. 20702.

• C. The city's adoption of the prevailing wage requirements in this chapter is done pursuant to the city's home rule authority over such municipal affairs.

• (Ord. 29510.)

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 29510.)

"City compliance officer" means the city employee, designated by the city manager or the city manager's authorized designee, who has primary responsibility for enforcing the city's prevailing wage ordinance.

(Ord. 29510.)

T14:7

SAN JOSÉ CODE

"Public works" has the same meaning as is set forth in California Labor Code Sections 1720 through 1720.6, as the state legislature may amend those sections from time to time. (Ord. 29510.)

Part 2

PREVAILING WAGE REQUIREMENTS

Sections:

Except to the extent modified in Section 14.09.110 of this Code, California Labor Code Sections 1720 through and including 1782, as the state legislature may amend those sections from time to time, shall apply to every contract entered into by the city that involves a public works that is a municipal affair. (Ord. 29510.)

For public works that are a municipal affair, the city prevailing wage ordinance includes the following modifications to the following Labor Code sections:

• A. Labor Code Section 1736: Labor Code Section 1736 addresses the confidentiality of an employee reporting a violation. The reference in Section 1736 to "the Division of Labor Standards Enforcement" shall be read as a reference to the "the Division of Labor Standards Enforcement and the City Compliance Officer."

• B. Labor Code Section 1775: Labor Code Section 1775 addresses the penalties applicable to a contractor or subcontractor for paying less than the prevailing wage

rates. The references in Section 1775 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

• C. Labor Code Section 1776(h): Labor Code Section 1776(h) addresses the penalty for failing to timely provide required payroll records. The reference in Section 1776(h) to "the Division of Labor Standards Enforcement" shall be read as a reference to "the Division of Labor Standards Enforcement or the City Compliance Officer."

• D. Labor Code Section 1777.7: Labor Code Section 1777.7 addresses the penalties applicable to a contractor or subcontractor for noncompliance with apprentice requirements. The references in Section 1777.7 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

• (Ord. 29510.)

The prevailing wage provisions set forth in this chapter are applicable to all contracts in which the cost of the public works that is a municipal affair exceeds one thousand dollars. (Ord. 29510.)

This chapter shall be effective retroactive to January 1, 2015. (Ord. 29510.)