Shafter Municipal Code Ch. 2.72 Public Works Contracts, Exemption from Labor Code Requirements

This chapter is intended to supersede the provisions of the California Labor Code and, except as otherwise noted herein, the provisions of the Labor Code shall have no application to public works projects of the city of Shafter.

(Ord. No. 649, § 1, 12-4-12)

The city declares that it is exempt from all provisions of the Labor Code of the State of California for all "public works" as defined in Sections 1720, 1720.2, 1720.3, or 1720.6 of the Labor Code, as they may be amended from time to time, except in the following instances:

A. Those provisions that are specifically and expressly included in and made applicable to the city by a contract;

B. Those provisions that the city specifically and expressly agrees are applicable to the city as a condition of state funding or any required state approval;

C. Those provisions that the city specifically and expressly agrees are applicable to the city as a condition of federal funding or any required federal approval; and

D. Those provisions that are made expressly applicable to the city by resolution adopted by the city council.

(Ord. No. 649, § 1, 12-4-12)

Notwithstanding any other provision in this Chapter 2.72, except on locally funded public works projects of twenty-five thousand dollars or less when the project is for construction work, or fifteen thousand dollars or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on a city public works projects shall be subject to California prevailing wage law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time. The only limitation on this requirement shall be in the event federal funding requirements supersede state prevailing wage laws.

(Ord. No. 663, § 1, 11-18-14)