BILL NUMBER: AB 1333	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2013

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 22, 2013

   An act to add Section 53069.86 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   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 party  , 
with a total  annual  value of $250,000 or more  ,
that contains   and   containing  an
automatic renewal clause  , at least once every three years 
on or before the annual date by which the contract may be rescinded.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the contract to be rescinded unless the review of the contract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greater, to its employees, and the  contract to be rescinded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
  contractor retains the employees of the prior
contractor or subcontractor for at least 90 days  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53069.86 is added to the Government Code, to
read:
   53069.86.  (a) The legislative body of a city, county, or district
shall review any contract with a private party, with a total 
annual  value of two hundred fifty thousand dollars ($250,000)
or more, that contains an automatic renewal clause, sometimes
referred to as an "evergreen" provision,  at least once every
three years  on or before the annual date by which the contract
may be rescinded. Prior to the renewal of a contract, the legislative
body shall make findings on the record, including, but not limited
to, whether the contract contains updated information and whether the
contract fits the needs of the legislative body.
   (b) Any contract with an evergreen provision as described in
subdivision (a) shall be rescinded unless the review of the contract
contains  findings that the private party pays  
both of the following findings: 
    (1)    The contractor 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. 
   (2) The contractor retains the employees of the prior contractor
or subcontractor for at least 90 days.  
   (c) Any contract with an evergreen provision as described in
subdivision (a) shall 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.  
   (c) For purposes of this section, the prevailing rate of per diem
wages shall be determined pursuant to subdivision (b) of Section
1773.9 of the Labor Code.  
   (d) For purposes of this section, "per diem wages" shall include
the employer payments described in Section 1773.1 of the Labor Code.