It is the purpose of this chapter is to require the payment of prevailing wages, as determined by the Port Gamble S’Klallam Tribe, to all laborers and mechanics and to all architects, technical engineers, draftsmen, and technicians employed in the development of affordable housing under any contract, agreement for assistance, sale, or lease pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. 4101, et seq., and to all maintenance laborers and mechanics employed in the operation of any affordable housing project developed pursuant to such Act.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Words in this chapter shall have the meaning given to them in this section unless the context clearly indicates another meaning.
(a) 
“Contracting Officer”
means the person delegated the authority to administer a contract or agreement on behalf of the Tribe or an agency of the Tribe.
(b) 
“Davis-Bacon”
means the Act of March 3, 1931, commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.
(c) 
“NAHASDA”
means the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. 4101, et seq.
(d) 
“Tribal Council”
means the Port Gamble S’Klallam Tribal Council as defined in the Tribal Constitution.
(f) 
“Tribal Court”
means the court established by the laws of the Tribe as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.
(g) 
“Tribe”
means the Port Gamble S’Klallam Tribe.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
(a) 
Inhibition of Tribal Housing Development/Costs of Tribal Housing. The prevailing wage requirements of federal law, when made applicable to the Port Gamble S’Klallam Tribe in connection with grants or loans for the development and operation of affordable housing, inhibit the ability of the tribal government to provide safe and affordable homes to tribal members and inordinately raise the cost of tribal housing construction.
(b) 
High Rates of Unemployment. The federal prevailing wage statutes, as implemented and enforced by the federal government, serve to exacerbate the high rates of unemployment in the Indian area served by the Port Gamble S’Klallam Tribe, by requiring the employment of highly trained technicians in lieu of trainees from the tribal workforce.
(c) 
Wages Not Reflective of Port Gamble S’Klallam Area/Administrative Burden. The determination of federal prevailing wages based on political subdivisions of the States has resulted in the imposition of federal prevailing wage rates in the Indian area served by the Port Gamble S’Klallam Tribe, which do not reflect the prevailing wages paid in the Indian area served by the Tribe and has resulted in administrative burden and expense which does not serve to benefit the Tribe or its membership.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The Tribal Council shall designate an individual to be the Tribal Prevailing Wages Administrator for the Tribe who shall administer the provisions of this Chapter. The Tribal Prevailing Wages Administrator shall have authority to prescribe such procedures and guidelines for the implementation of this chapter as the Administrator shall determine are reasonable or necessary.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Prevailing wages, as determined pursuant to this chapter, shall be paid to all laborers and mechanics and to all architects, technical engineers, draftsmen, and technicians employed in the development of affordable housing under any contract or agreement for assistance, sale, or lease pursuant to NAHASDA, and to all maintenance laborers and mechanics employed in the operation of any affordable housing project developed pursuant to NAHASDA under any such contract or agreement.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Wages required to be paid under this chapter shall be paid not less frequently than bi-monthly, and more frequently if required by contract or agreement.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
All persons and entities required to pay prevailing wages under this chapter shall submit certified payrolls to the Contracting Officer within one week after such wages are required to be paid.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Any contract or agreement for assistance, sale, or lease pursuant to NAHASDA, shall contain a provision requiring that not less than prevailing wages, as determined by the Tribe, shall be paid to all laborers and mechanics and to all architects, technical engineers, draftsmen, and technicians employed in the development of affordable housing under such contract or agreement and to all maintenance laborers and mechanics employed in the operation of any affordable housing project under such contract or agreement.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The provisions set forth in 10.04.08 shall also be included in any subcontract or any sub-agreement at any tier.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The contract or agreement with any person or entity who has failed to pay the prevailing wages required by this chapter may be terminated by written notice and the person or entity who has failed to pay the prevailing wages shall be liable for any and all costs occasioned on account of the termination.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
There may be withheld from the payment due under any contract or agreement the amount of any wages required to be paid under this chapter and such sums may be paid directly to the person or persons otherwise entitled to such payments.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
In addition to the remedies stated in this chapter, the failure of any person or entity to pay the prevailing wages required by this chapter shall also be deemed to be a breach of the contract or agreement under which the affordable housing is being developed or operated and shall subject the person or entity failing to make such payments to any or all of the remedies for breach set forth in the contract or agreement.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Any person entitled to be paid prevailing wages under this chapter, shall have a right of action against any party to a contract or agreement pursuant to NAHASDA for failure to pay such wages. Upon a finding such person has not been paid the prevailing wages to which he or she is entitled under this chapter, the court shall enter judgment for the same, and in addition shall enter an award of attorney fees on behalf of such person.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The Tribal Prevailing Wages Administrator shall determine the amount of prevailing wages required to be paid under this chapter in accordance with the provisions of this chapter and such reasonable procedures and guidelines as may be determined by the Administrator.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The prevailing wage determinations required under this chapter shall be based on (1) reliable data from third parties, (2) wage surveys completed by or under the direction of the Tribal Prevailing Wage Administrator, or (3) such other information as the Tribal Prevailing Wage Administrator shall deem to be reliable for the purposes of this chapter.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
All prevailing wage determinations issued pursuant to this chapter shall be effective upon publication, unless otherwise stated in the issuance of the determination, and shall remain effective until withdrawn or superceded by subsequent determination.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
If a classification has not been included in a determination under this chapter, a supplemental determination may be issued at any time.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The provisions of this chapter shall not apply to any individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
This chapter preempts in its entirety the prevailing wage provisions, including Davis-Bacon provisions, of the Native America Housing and Self-Determination Act, 25 U.S.C. 4114(b)(1), and all regulations issued pursuant thereto or relied on and supplemental thereto.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
The Port Gamble S’Klallam Tribal Court shall have jurisdiction over any suit relating to this chapter; provided, this shall not be deemed to be a waiver of the sovereign immunity of the Tribe or any of its agencies or entities.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
Nothing in this chapter, nor any regulation promulgated pursuant thereto, shall be deemed to be a waiver of the sovereign immunity of the Tribe or any of its agencies or entities.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
If any paragraph, subparagraph, clause or sentence of phrase of this chapter or regulations adopted pursuant to this chapter shall be declared invalid, or declared invalid as applied to any person or circumstance, such decision shall not affect the validity of the remaining portions of the chapter, and those remaining portions shall remain in full force and effect and to this end, provisions of this chapter and any regulations adopted hereunder are declared severable.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)
This chapter shall be effective retroactive to December 27, 2000, but shall not impair any contract or agreement then existing or entered into prior to the enactment of this chapter or any contract or agreement that may hereafter be entered into pursuant to invitations for bids that are outstanding on the date of enactment.
(Res. 04 A 049, 4/27/2004, adopted this section on an emergency basis; Res. 04 A 054, 5/11/2004, adopted this section following a public hearing.)