HomeMy WebLinkAboutRES NO 185-14RESOLUTION NO. 189 - 14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD APPROVING AND
ADOPTING THE LABOR COMPLIANCE
PROGRAM FOR PROPOSITION 84 FUNDED
PUBLIC WORKS PROJECTS.
WHEREAS, the California Labor Code requires contractors on public works
projects pay their workers based on the prevailing wage rates which are
established and issued by the Department of Industrial Relations ( "DIR "), Division
of Labor Statistics and Research; and
WHEREAS, The California Labor Code requires contractors to keep
accurate payroll records of trade workers on all public works projects and to
submit copies of certified payroll records upon request; and
WHEREAS, the City has applied for and has been granted subgrant funds
under Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 ( "Proposition 84 "); and
WHEREAS, such subgrant is under the competitive Proposition 84
Integrated Regional Water Management agreement between the Kern Water
Bank Authority, the City of Bakersfield, Tehachapi- Cummings County Water
District, the City of Tehachapi, and the City of Arvin; and
WHEREAS, such subgrant will provide $624,157 to the City of Bakersfield for
a municipal irrigation program, City residential and commercial conservation
incentive program, and a water education program; and
WHEREAS, Proposition 84 requires the body awarding a contract for a
public works project financed in any part with Proposition 84 funds to adopt and
enforce a Labor Compliance Program ( "LCP ") pursuant to California Labor
Code; and
WHEREAS, an LCP is required, among other things, to inform contractors
about their prevailing wage obligations, review certified payroll reports, monitor
compliance and enforce contractor's compliance with California labor and
apprenticeship laws for the public works projects; and
WHEREAS, the City intends to submit an application to the Department of
Industrial Relations for the formation and establishment of a Labor Compliance
Program for all Proposition 84 funded public works project.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The City approves and adopts the Labor Compliance Program for
all Proposition 84 funded projects, in accordance with the requirements of
Proposition 84 and authorizes staff to submit all necessary forms, applications
and information to the California Department of Industrial Relations for the Labor
Compliance Program.
3. Authorizes the City Manager, and /or his designee, to act as the
agent for the City on all matters concerning the Labor Compliance Program.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on gCT 2 2 2011 , by the following vote:
AY COUNCIL MEMBER RIVEA MAXELL, WEIR, SMITH, H
ON, SULL� N, JOHNSON ES: COUNCIL MEMBER AL[�
ABSTAIN: COUNCIL MEMBER "kCWS1iL
ABSENT: COUNCIL MEMBER wL�
CITY CLERK AND E FI O of the
APPROVED OCT 2 2 2014 Council of the City of Bakersfield
By -O�A6
HARVEY L. kAdL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney'
By 'r�grol,iy
RICHARD IGER
Associate City Attorney
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