AB 1333, as introduced, Roger Hernández. Local government: contracts.
Existing law authorizes the legislative body of a city, county, or district to enter into contracts for various services, and, among other things, to include within the contract a time within which the whole or any specified portion of the work contemplated is to be completed.
This bill would require the legislative body of a city, county, or district to review any contract with a private party with a total value of $250,000 or more, that contains an automatic renewal clause on or before the annual date by which the contract may be rescinded.
This bill would require the review of the contract to include a consideration as to whether the private party pays at least the general prevailing rate of per diem wages for work of a similar character in the locality to its employees. This bill would require the contract to be rescinded unless the review of the contract contains findings that the private party pays at least the general prevailing rate of per diem wages for work of a similar character in the locality, or a living wage given the locality, whichever is greater, to its employees, and the contract to be rescinded if the private party has been cited by the National Labor Relations Board for an unfair labor practice or if the National Labor Relations Board has ruled that an unfair labor practice has been committed.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53069.86 is added to the Government
2Code, to read:
(a) The legislative body of a city, county, or district
4shall review any contract with a private party, with a total value
5of two hundred fifty thousand dollars ($250,000) or more, that
6contains an automatic renewal clause, sometimes referred to as an
7“evergreen” provision, on or before the annual date by which the
8contract may be rescinded. Prior to the renewal of a contract, the
9legislative body shall make findings on the record, including, but
10not limited to, whether the contract contains updated information
11and whether the contract fits the needs of the legislative body.
12(b) Any contract with an evergreen provision as described in
13subdivision (a) shall be rescinded unless the review of the
contract
14contains findings that the private party pays at least the general
15prevailing rate of per diem wages for work of a similar character
16in the locality, or a living wage given the locality, whichever is
17greater, to its employees.
18(c) Any contract with an evergreen provision as described in
19subdivision (a) shall be rescinded if the private party has been cited
20by the National Labor Relations Board for an unfair labor practice
21or if the National Labor Relations Board has ruled that an unfair
22labor practice has been committed.
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