HomeMy WebLinkAboutRS04-Redevelopment Agency
RaC;EVELOPMENT AGENCY.QQUEST FOR Q,.ISSION/COUNCIL A~ION
Glenda Saul, Executive Director
From:
Qt:
Subject: PREVAILING WAGES
Date: July 29, 1986
Redevelopment Agency
Synopsis of Previous Commission/Council ection:
1/13/86
2/17/86
3/3/86
3/17/86
4/7/86
5/5/86
7/18/86
Open Hearing - Directed agency staff to seek proposals for study and to
ascertain practices of their redevelopment agencies.
Received City Administrator's report. Received two proposals for
prevailing wage study. Continued to 3/3/86. Instructed staff to confer
with Stste College to propose s prevailing wage study.
Continued to March 7, 1986.
Continued to April 7, 1986.
Continued to May 5, 1986.
Commission authorized agreement with Data Gathering Center, California
State University for consultant services to present report within 90 days.
Data Gathering Services request for 30 day extension presented to
Redevelopment Committee - Committee unanimously recommended denial.
Recommended motion:
(COMMUNITY DEVELOPMENT COIIKISSIOM)
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Move to deny the request of the Research and Data Gathering Center that the submittal
date of the Prevailing Wage Study to the Redevelopment Agency be extended to
mid-September.
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Signature
Contact person:
Phone: 383-5081
Supporting date lnached:
Glenda Saul
YES
Wlrd: All
FUNDING REQUIREMENTS:
Amount: $
M/A
Project: All
No edverse Impact on City:
t)lCil No~s:
Date: Al1glla~ A. 1 Q86
l328G/MT
68:64/86 '
Agenda Item NoJi<..5""- t/
c.-if OF SAN BERNARDlio - REQUEi FOR COUNCIL ACT~N
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75-0264
STAFF REPORT
On Hay 5, 1986, the Co_ission authorbed staff to engage the Research and Data
Gathering Center, Ca1 State University, San Bernardino, as consultants to prepare
a prevailing wage study. During the diSCUSSion, the Council asked if the study
could be completed within 60 days. Dr. Bockman indicated they would need 90
days. The agreement was entered into on May 9, 1986, with the report due in 90
days (August 7, 1986).
On July 28, 1986, the consultant, by letter dated July 25, 1986 requested an
extension of time to IIid-September to submit the report. At their meeting on July
28, 1986, the Redevelopment Committee unanimously recommended the request be
denied.
Total Contract Amount
Paid to Date
Balance on Contract
$24,926
16,617
$ 8,309
l328G/MT
08/04/86
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VNIV...ITY. .AN ...NA.DINO
aUIAIICK AND DI\TI\ GI\THlRIHG ClHTEa
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July 25, 1986
Ms. Glenda Saul, Director
Redevelopment Agency
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear Glenda:
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Due to unforeseen problems in data collection, the Research and
Data Gathering Center requests that the date for submitting the
Prevailing Wage Study to the Redevelopment Agency be extended
from mid-August to mid-September.
Sincerely,
J/d~
Dr. Sheldon Bockman, Director
The Research and Data Gathering Center
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NOO UNIVIIIIl1'Y MIIK"l11'Y. IAN IIRIW'IDlNO. CAI.I~IINIA 12407-n1f
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AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY or SAN BERNARDINO AND THB FOUNDATION FO~CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, RELATING TO THE &EVELOPMENT OF A
REPORT AND RECOMMENDATIONS REGARDING PREVAILING WAGE POLICY
ALTERNATIVES BY THE RESEARCH AND DATA GATHERING CENTER,
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO.
THIS AGREEMENT, effective the 9th day of May, 1986, by and
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between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, a public body corporate, hereinafter referred to as
the .Commission., and the FOUNDATION FOR CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, hereinafter referred to as
.Contractor., sets forth the agreement of the parties.
SECTION 1. Recitals.
A. The City of San Bernardino and the Redevelopment Agency
of the City of San Bernardino have a long-established policy of
requiring the payment of prevailing wage rates as an integral
part of many of its contracts, even where not required by state
or federal law.
B. The staff of the Redevelopment Agency (hereinafter
.Agency.) has recommended a policy change to require Contractors
19 to pay prevailing wage payments only when such payments are
20 obligatory under state or federal law.
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C. Contractor represents that it has the knowledge,
22 experience and expertise required to develop a comprehensiv~
23 report report which shall include various options concerning
24 prevailing wage/open shop rates available to the City/Agency and
25 the probable economic and social consequences attendant to each
26 choice (on the City and Agency, developers, laborers, women, /
27 minorities and retired workers, with policy alternatives).
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1 D. Contractor has submitted a proposal for a prevailing
2 wage study by the Research and Data Gathering Center,of
3 California State University, San Bernardino, (hereinafter
4 .Proposal-), a copy of which proposal is annexed hereto as
5 Exhibit -1- and incorporated herein by reference, which Proposal
6 Agency desires to accept.
7 SECTION 2. Implementation. The parties therefore do agree
8 as follows:
9 A. Contractor shall forthwith undertake a thorough study of
10 the prevailing wage question, including consideration all of the
11 aspects set forth in the Proposal, which study shall consider
12 both the economic and societal impact of the proposed policy
13 change, with an evaluation of the impact thereof, especially upon
14 the Agency, the City, developers, laborers, women, minorities,
15 retired workers and upon the quality of life in San Bernardino
16 and its environs.
17 B. The study shall follow the guidelines established in the
18 Proposal, with the Contractor to exercise its independent
19 judgment, knowledge, skill and expertise in evaluating, analyzing
20 and presenting the various alternatives and their impact.
21 C. To carry out the development of such investigation and
22 research, Contractor shall follow the procedures outlined in its
23 Proposal, providing for research design and a final report. The
24 final report shall include various options concerning prevailing
25 wage/open shop rates available to the City/Agency and the
26 probable economic and social consequences attendant to each
27 choice (on all groups and classes referred to in Subsection A
28 above).
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1 D. Contractor shall develop the report as proposed,
2 including all requisite research and studies, and present the
3 report to the Commission within ninety (90) days from the date of
4 execution of this agreement.
S SECTION 3. Payment. Commission agrees to pay, and
6 Contractor agrees to accept as full payment therefor, the sum of
7 $24,926 for the research involved and the final report in
8 accordance with the proposal annexed as Exhibit 818. This fee
9 shall cover all costs and expenses incurred by Contractor in
10 connection therewith. The fee shall be paid as follows: one-
11 third ($8,309) upon execution of this agreement; one-third
12 ($8,309) at the midpoint of the project (on or before June 25,
13 1986, and one-third ($8,308) upon delivery of the completed
14 report by Contractor.
15 SECTION 4. Independent Contractor. At all times during the
16 term of this agreement, Contractor shall be an independent
17 contractor and shall not be considered an officer, agent, servant
18 or employee of Commission. Contractor has been selected in large
19 part for its expertise, and is expected to utilize its
20 independent judgment throughout its work on this project.
21 Neither Commission nor its staff shall have the right to control
22 Contractor except as to the result of Contractor's services
23 rendered pursuant to this agreement; however, Commission shall
24 not have the right to control the means by which Contractor
25 accomplishes services rendered pursuant to this agreement.
26 SECTION 5. Non-Assiqnable. Contractor may not assign,
27 either voluntarily or involuntarily, this agreement or any
28 rights, benefits or obligations hereunder, to any other party
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without first obtaining the approval of the Commission in
writing.
SECTION 6. Equal EmploymAnt Opportunity. During the
performance of this agreement, the Contractor agree8 as follows:
The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex or national origin. Such action shall include, but
not be limited to the following:
employment, upgrading,
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19 behalf of Contractor, state that all qualified applicants will
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demotion, transfer, recruitment, recruitment advertising, layoff
or termination, rates of payor other forms of compensation, and
selection for training, including apprenticeship.
The Contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices sett~ng forth the provisions
of this non-discrimination clause.
Contractor will, in all
solicitations or advertisements for employees placed by or on
receive consideration for employment without regard to race,
color, religion, sex, or national origin.
SECTION 7.
Notices.
Notices to the parties, unless
23 otherwise requested in writing, shall be sent as follows:
24 COMMISSION: CONTRACTOR:
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Executive Director,
Redevelopment Agency of the
City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
Foundation for California
State University, San Bernardino
5500 University Parkway
San Bernardino, CA 92407
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IN WITNESS WHEREOF, the partie. hereto have executed this
agreement as of the date first above written.
COMMUNITY DEVELOPMENT COMMISSION FOUNDATION FOR CALIFORNIA
OF THE ITY OF SAN BERNARDINO STATE UNIVERSITY,
SAN BERNARDINO
By By
ATTEST: RESEARCH AND DATA
GATHERIN CENTER
By
/dt/iI~dtJ
. Secretary
By .J.L/~~
Director
Approved as to form:
AGENCY COUNSEL
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16 Allen R.' Br;;-:;~
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THE CITY OF SAN BERNARDINO'S PREVAILING WAGE STUDY.
A PROPOSAL
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PREP ARED BY
~ lE~EHWlE rID
M~Y 2 - iS8c
REDEVrLOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CA
RESEARCH AND DATA GATHERING CENTER
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
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INTRODUCTION
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The followllll propoul Includes the Research and Data Gatherllll Center's re-
search cIeIlgn and budget for the CltY/Alency's prevamlll wage atudy.
THE RESEARCH DESIGN
TN! 1WI&8N!h problem and obfllH!tlveJI!
,AS the result of discussion with various Interested parties, and review of
relevant cIoeuments, the Research and Data Gathering Center understands the re-
search problem to bel What would be the Short/long term effects of changing current
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City/Agency policy, which requires prevamng wages be paid on aU City/Agency
contracts, to a policy which would require prevailing wages be paid only when
required by state/federal statues on I
A. Fami:y income and standard of living of union/non-union construction
workers in the city.
B. The City's ability to attract new developers and to promote additional
development by those developers already situated in the community.
C. Minorit~wned, womeD-Owned, and other small businesses.
D. CitY/Alency budgets.
E. The social and economic well-being of the general community.
In light of the research problem, the Research and Data Gathering Center
proposes that the following research tasks be undertaken.
Reseal'C!h Task 1: The examination of the rate ot eomplianee with the bresent
Dl'eVAiliOf WAit! C!lause.
In order to ascertain how the proposed change in prevailing wage policy would
o affect the stipulated research objectives, it is first necessary to determine insofar
as possible the congruence between present policy and practice for those past/current
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which would have been affected by the proposed polley change.
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.tance, if the compliance rate, i.e., betwHn polley and practice, i. quite low, then
o the propo.ed change in policy would by detlniUon have very little .odal and/or
economic impact on the .tipulated research objectives, other than to make explicit
what is, in fact, already taking place. More spec1f1cally, if developers/contractors
are not, in tact, paying prevamng wqes, then the proposed change in policy would
produce little lOCial and economic effect. On the other hand, the proposed .tudy
would still have merit, for it would provide data by which the City/Agency could
eval~te the implications of current practices. However, if the compliance rate is
found to be .ignificantly high, then the proposed policy change would be increas-
ingly likely to produce economic and social consequences.
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The Research and Data Gathering Center therefore proposes that the first re-
search task involve the determination of the past/current compliance rate(s).
Ideally, this rate would be calculated by comparing (using a sampling of relevant
contracts) actual wqe. paid with the prevailing wage rate at the time of the con-
tracts. If this approach is not feasible O.e., if the contracts and relevant Informa-
Uon are unavailable), the Research and Data Gathering Center will interview
various knowledgeable parties - union officials, developers, contractors, qency per-
IOnnel, etc. - in an effort to construct an aporollimate rate of compliance. It is en-
visioned that this latter procedure will yield two or three different approximate
rates of compliance.
Rese8N!h TASk '2: The eolleC!tion of cenePAl baelwround datA.
In order to obtain critical background material for this project, the Research
Data Gathering Center will conduct in-depth interviews with representatives of
various interest groups atfected by the proposed policy change, and will gather and
review relevant secondary data on prevailing wages and open shop rates. Repre-
o sentatives from other cities which have moved from prevailing wqes to open shop
rates will be surveyed for their views as to how the proposed policy change would
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