[Adopted 12-3-2008 by Bill No. 2008-20]
In this article, the following words have the meanings indicated:
APPRENTICE
An individual who:
A.
Is at least 18 years old;
B.
Has signed an agreement with an employer or employer's agent,
an association of employers, an organization of employees, or a joint
committee, that includes a statement of:
(1)
The trade, craft, or occupation that the individual is learning;
and
(2)
The beginning and ending dates of the apprenticeship; and
C.
Is registered in a program of a Council or Bureau of Apprenticeship
and Training of the United States Department of Labor.
CONSTRUCTION
The process of building, altering, repairing, improving,
rehabbing or demolishing any structure or building, or other structural
improvements of any kind to any real property, including routine operation,
repair, and mechanical systems service contract for maintenance of
existing structures, buildings, or real property.
[Amended 7-25-2023 by Bill No. 2023-07]
EMPLOYEE
An apprentice or worker employed by a contractor or subcontractor
on a County financed construction contract.
MECHANICAL SYSTEMS SERVICE CONTRACT
A contract for service of the following systems:
[Added 7-25-2023 by Bill No. 2023-07]
A.
HVAC systems, including heating, ventilation, and cooling/air-conditioning
equipment;
C.
Plumbing systems, including pipes, tanks, fittings, and other
elements that control the water and gas supply, heating, and sanitation
of a building;
D.
Electrical systems, including any electrical power and overhead
and underground lines, poles, transformers, and other related equipment;
or
E.
Elevator systems, including escalators, moving walkways, and
other related conveyances.
PREVAILING WAGE
The hourly wage rate set by the State Commissioner of Labor
and Industry for state-funded construction contracts in the County.
PUBLIC ENTITY
B.
A state government and any of its agencies;
C.
Any political subdivision of a state government and any of its
agencies;
D.
Any Board, Commission, or Committee established by federal,
state, or local law;
E.
Any organization or association of the federal government, state
governments, or political subdivisions of state governments; and
F.
Any other entity that is:
(1)
Qualified as a nontaxable corporation under the United States
Internal Revenue Code, as amended; and
(2)
Incorporated by an entity under Subsections
A through
E for the exclusive purpose of supporting or benefitting an entity under Subsections
A through
E.
This article does not apply to a County-financed construction
contract:
B. That is subject to a federal or state prevailing wage law;
D. To the extent that the contractor is expressly precluded from complying
with this article by the terms of any federal or state law, contract,
or grant;
E. This article applies to a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. § 6702(a)(2), the McNamara-O'Hara Service Contract Act of 1965, as amended. Notwithstanding the foregoing, this subsection does not apply to the renewal or extension of a mechanical systems service contract with an original contract date prior to the effective date of Subsection
E.
[Added 7-25-2023 by Bill No. 2023-07]
Any contractor and subcontractor that performs direct and measurable
construction work on a County-financed construction contract must
pay each employee at a rate equal to or more than the prevailing wage
currently in effect for the type of work performed.
Each contract covered
by this article must:
A. State the requirement that contractor and subcontractor to comply
with this article;
B. Specify that an aggrieved employee, as a third-party beneficiary,
may by civil action recover the difference between the prevailing
wage for the type of work performed and the amount actually received,
with interest and a reasonable attorney's fee; and
C. Comply with the requirements concerning minority business enterprises
as set forth in Resolution Number 2005-53.
A contractor or subcontractor must not split or subdivide a
contract, pay an employee through a third party, or treat an employee
as a subcontractor or independent contractor to avoid any requirement
of this article.
A contractor or subcontractor must not employ any individual
classified as a helper or trainee to perform direct and measurable
work on a contract covered by this article.
Each contractor and subcontractor must post a clearly legible
statement of each prevailing wage rate in a prominent and easily accessible
place at the work site during the entire time work is being performed
in English and any other language that is primarily spoken by the
employees at the work site.
The Director of Fiscal and Administrative Services must report
annually to the County Commissioners on the operation of and compliance
with this article.