HomeMy WebLinkAboutOrd 2010-3160ORDINANCE NO. 3160
FAIR AND OPEN COMPETITION ORDINANCE
The people of the City of Chula Vista hereby declaze and ordain as follows
SECTION 1. Statement of the People's Intent
(a) The People of the City of Chula Vista ("the People") desire fair and open competition for
public works projects that aze paid for, in whole or in part, with the funds of the City of Chula
Vista or its Redevelopment Agency.
(b) The People believe fair and open competition enables government to expand the pool of
qualified candidates to perform work and, in turn, to save public funds by lowering the cost of
public works projects. The people likewise seek to remove limits or impediments to the
consideration of qualified parties to work on public projects.
(c) The People believe fair and open competition creates more local jobs and improves Chula
Vista's economy, and provides equal opportunity for all workers, both union and non-union.
(d) The People believe public money should be spent only on public works projects that allow
fair and open competition.
(e) The People intend the following Proposition to amend the Municipal Code of the City of
Chula Vista, as follows:
SECTION 2 Chula Vista Municipal Code, Title 2, "Administration and Personnel" is
amended by addine Chanter 2.59, to read as follows:
Chapter 2.59
Fair and Open Competition in Contracting
2.59.010 Purpose and Intent The purpose and intent of this chapter is to establish criteria that
will ensure fair and open competition for public works projects funded in whole or in part with
public funds; to aid in lowering the cost of public works projects; and to ensure that all workers,
both union and non-union, have a fair and equal opportunity to work on public works projects.
2.59.020 Definitions For purposes of this Chapter, the following definitions shall apply:
"Act" shall mean the National Labor Relations Act, Title 29 USC §§ 151 - 169.
"City" shall mean and include both the City of Chula Vista and the Redevelopment Agency of
the City of Chula Vista.
"Contracting party" shall mean and include an owner, developer, contractor, subcontractor or
material supplier, involved in a public works project.
"Labor organization" shall have the same meaning ascribed to it in Section 2 of the Act (29 USC
§ 152)
"Public works project" shall mean and include all construction projects paid for, in whole or in
part, by the funds of the City or the Redevelopment Agency, including but not limited to any
building, road, street, pazk, playground, water system, irrigation system, sewer, storm water
conveyance system, reclamation project, redevelopment project, or other public facility.
Ordinance No. 3160
Page 2
2.59.030 Requirements for Fair and Open Competition in Contracting
In contracting for the construction, maintenance, repair, improvement or replacement of public
works projects:
(a) The City shall not fund, in whole or in part, or enter into, any contract which contains a
requirement that a contracting party:
(1) execute, comply with, or become a party to an agreement between a Labor
organization, on the one hand, and the City, the Contracting Party, or any third party on the
other;
(2) become a signatory to a collective bargaining agreement;
(3) be required to make payments on behalf of employees to union benefit plans or other
trust funds;
(4) require its employees to be represented by a Labor organization; or
(5) encourage or discourage employees of a contracting party to have representation by a
Labor organization.
(b) The City shall not impose, as a bid specification, contract prerequisite, contract term or
otherwise, any requirement prohibited by subsection (a) of this Section.
(c) Nothing in this Section shall be construed as prohibiting private parties covered by this
provision from entering into individual collective bargaining relationships, or otherwise as
regulating or interfering with activity protected by applicable law, including bu[t] not limited to
the Act.
(d) Any person aggrieved or injured in any way by a violation of this Section shall be entitled to
injunctive relief in the Superior Court of the State of California, County of San Diego, including
by way of an action filed pursuant to California Code of Civil Procedure section 526a.
SECTION 3. Effective Date
To the extent permitted by law, the provisions of this Chapter 2.59 shall become effective 10
days after the vote is declazed by the Chula Vista City Council, as provided by California
Elections Code § 9217. Contracts awazded before this effective date and subcontracts awazded
pursuant to such contracts, whenever awazded, shall not be governed by this ordinance.
SECTION 4. Amendment; Repeal
This ordinance may be amended or repealed only by a majority vote of the voters of the City of
Chula Vista.
SECTION 5. Severability
If any Section of this Proposition, or any provision contained in this Proposition, is held by a
court of law to be invalid, or is superseded by a numerically superior vote as provided in Section
6 of this measure, the remaining Sections and provisions of this Proposition shall not be affected
but shall remain in full force and effect, and to that end the provisions of this Proposition aze
severable.
SECTION 6. Conflicting Measures
If any other measure, appeazing on the same ballot as this measure, addresses the same subject
matter in a way that conflicts with the treatment of the subject matter in this Proposition, and if
each measure is approved by a majority vote of those voting on each measure, then as to the
conflicting subject matter the measure with the highest affirmative vote shall prevail, and the
measure with the lowest affirmative vote shall be deemed disapproved as to the conflicting
subject matter.
Ordinance No. 3160
Page 3
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that at the General
Municipal Election held in the City of Chula Vista, California on June 8, 2010, a majority of the
voters voting on Proposition G, Fair and Open Competition in Contracting Ordinance, voted in
favor of it; it is deemed adopted on July 13, 2010, the date that the vote was declazed by the City
Council of the City of Chula Vista; and it shall become effective July 23, 2010, ] 0 days from that
date, pursuant to Elections Code section 9217.
u- ~~
Donna R. Norris, CMC, City Clerk