Reso 1996-031 to 035 - Laserfiche WebLink

Home

court in such case and the burden shall be on the plaintiff to establish plaintiffs right to the penalties or forfeitures withheld or to be withheld. Lessee agrees that to the extent that Lessee is required to comply with the prevailing wage requirements, Lessee shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of the City's first approval of a building permit or other approval of the work Copies of the applicable prevailing rate of per diem wages are on file at the City's principal office and will be made available to any interested party on request. Lessee agrees to post a copy of the prevailing rate of per diem wages at each job site. Lessee, as a penalty to the City, shall forfeit twenty-five dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which such worker is employed. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Lessee. To the extent that there is insufficient money due Lessee as an advance, reimbursement or credit to cover all penalties forfeited and amounts due and in all cases where the Lease does not provide for a money payment by the City to Lessee, and except in cases where enforcement authority is vested in the State pursuant to Section 1775 of the California Labor Code, the City not later than ninety (90) days after the filing of a valid notice of completion in the office of the Alameda County Recorder or not later than ninety (90) days after City's acceptance of the work, whichever last occurs, may maintain an action in any court of competent jurisdiction to recover the penalties and the amounts due provided for herein. Lessee agrees that no issue other than that of the liability of Lessee for the penalties allegedly forfeited and amounts due shall be determined in such action, and burden shall be upon Lessee to establish that the penalties and amounts demanded in such action are not due. Out of any money withheld or recovered or both there shall first be paid the amount due each worker and if insufficient funds are withheld or recovered or both to pay each worker in full the money shall be prorated among all such workers. 12