AB 1333, as amended, 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 partybegin insert,end insert with a totalbegin insert annualend insert value of $250,000 or morebegin delete, that containsend deletebegin insert and
containingend insert an automatic renewal clausebegin insert, at least once every three yearsend insert on or before the annual date by which the contract may be rescinded.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 This bill would require the contract to be rescinded unless the review of the contract contains findings that the private party pays at least the general prevailing rate of per diem wages for work of a similar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or a living wage given the locality, whichever is greater, to its employees, and thebegin delete contract to be rescinded if the private party has been cited by the National Labor Relations Board for an unfair labor practice or if the National Labor Relations Board has ruled that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 committedend deletebegin insert
contractor retains the employees of the prior contractor or subcontractor for at least 90 daysend insert.
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 totalbegin insert annualend insert
5 value of two hundred fifty thousand dollars ($250,000) or more,
6that contains an automatic renewal clause, sometimes referred to
7as an “evergreen” provision,begin insert at least once every three yearsend insert on or
8before the annual date by which the contract may be rescinded.
9Prior to the renewal of a contract, the legislative body shall make
10findings on the record, including, but not limited to,
whether the
11contract contains updated information and whether the contract
12fits the needs of the legislative body.
13(b) Any contract with an evergreen provision as described in
14subdivision (a) shall be rescinded unless the review of the contract
15containsbegin delete findings that the private party paysend deletebegin insert both of the following
16findings:end insert
17begin insert(1)end insertbegin insert end insertbegin insertThe contractor paysend insert at least the general prevailing
rate of
18per diem wages for work of a similar character in the locality, or
19a living wage given the locality, whichever is greater, to its
20employees.
21(2) The contractor retains the employees of the prior contractor
22or subcontractor for at least 90 days.
23(c) Any contract with an evergreen provision as described in
24subdivision (a) shall be rescinded if the private party has been cited
25by the National Labor Relations Board for an unfair labor practice
26or if the National Labor Relations Board has ruled that an unfair
27labor practice has been committed.
28(c) For purposes of this section, the prevailing rate of per diem
29wages shall be determined pursuant to subdivision (b) of Section
301773.9 of the Labor Code.
P3 1(d) For purposes of this section, “per diem wages” shall include
2the employer payments described in Section 1773.1 of the Labor
3Code.
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