HomeMy WebLinkAboutORD 860ORDINANCE NO.860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ESTABLISHING CHAPTER 3.30 OF THE
PALM DESERT MUNICIPAL CODE WHICH SETS FORTH THAT
CITY PUBLIC WORKS PROJECTS SHALL NOT REQUIRE
PREVAILING WAGE PAYMENTS.
WHEREAS, on November 4, 1997, the voters of the City of Palm Desert ratified the Charter
of the City of Palm Desert; and
WHEREAS, Section 300 of the City Charter provides that "The City shall have the power
to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award
and performance of any public works contract, including, but not limited to, the compensation rates
to be paid for the performance of such work.";
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN as follows:
SECTION 1. That the Recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. That a new Chapter 3.30 be added to the Palm Desert Charter and Municipal
Code entitled "Public Works Contracts and Bidding Requirements" to read as follows:
"3.30.010 Purpose.
Pursuant to the authority set forth in Section 300 of the Palm Desert Charter, the City
may provide local procedures and requirements for the bidding, award and performance of City
public works projects.
3.30.020 Municipal Projects.
(a) Contracts for public works projects, including, but not limited to, those
defined in Section 1720 of the Labor Code, and in Section 20161 of the Public Contracts Code, shall
not be subject to prevailing wage law (Labor Code, Section 1720, et sea.), except as specified in
subdivision (b) herein. Any notice inviting bids for such public works projects shall include
notification of this subdivision.
(b) The provisions of subdivision (a) herein shall not apply when the public works
projects are funded in whole or in part by state or federal loans, or grants, and payment of prevailing
wages is required in order to receive state or federal funding.
ORDINANCE NO.860
3.30.030 Applicability of Other State Contract Code Requirements.
With the exception of any local municipal policies set forth in this Chapter 3.30 of
the Palm Desert Charter and Municipal Code, all other state law requirements for bidding, awarding
and administering a public works contract shall remain operative and in effect for City public works
projects."
SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published once in the Palm Desert Post, a newspaper of general
circulation, printed, published and circulated within the City of Palm Desert, California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Palm Desert, California, on the 8th day of Januga, 1998, by the following roll call vote:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M. BENSON, MAYOR
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DAV16J. , CITY ATTORNEY