Ordinance No. 812ORDINANCE NO. 812
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTION 21A -16
OF THE CODE OF THE CITY OF CYPRESS TO
REQUIRE CONTRACTORS ON CERTAIN PUBLIC
WORKS CONTRACTS TO PARTICIPATE IN
APPRENTICESHIP AND /OR TRAINING PROGRAMS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 21A -16 of the Code of the City of
Cypress is hereby amended by the creation of Subsection (a)
by the addition of the phrase "(a)" before the first word,
"Every," and by the addition of Subsections (b) through (d),
to read as follows:
"(b) In the awarding of any
contract or written order for any public
work or improvement, the Director of
Public Works /City Engineer, or his /her
designee, shall require all contractors
and subcontractors offering or agreeing
to perform any work on said public
improvement to provide proof of
participation as a signatory to a
recognized apprenticeship and /or training
program under Chapter 4 (commencing at
Section 3070), Division 3, of the Labor
Code of the State of California and
certified by the State of California
Division of Apprenticeship Standards,
where such programs exist for the work to
be performed. They shall also provide
information concerning their experience,
financial qualifications and ability to
perform said contract or subcontract, as
well as to whether said contractor or
subcontractors possesses, or can obtain
the necessary equipment in time to
perform said contract or subcontract.
(c) Should the Director of Public
Works /City Engineer, or his /her designee,
determine that said contractor or any
subcontractor is not a signatory to a
recognized apprenticeship and /or training
program under Chapter 4 (commencing at
Section 3070), Division 3, of the Labor
Code of the State of California and
certified by the State Division of
Apprenticeship Standards, where such
programs exist for the work to be
performed, or he /she does not possess the
necessary experience and financial
qualifications to perform said contract
or subcontract, or that he /she does not
possess, or cannot obtain in due time the
necessary equipment to perform said
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contract, the Director of Public
Works /City Engineer, or his /her designee,
may reject the bid of any said contractor
or subcontractor. If such determination
affects only a subcontractor, then the
Director of Public Works /City Engineer,
or his /her designee, may compel the
contractor to substitute a subcontractor
who is a signatory to a recognized
apprenticeship and /or training program
under Chapter 4, (commencing at Section
3070), Division 3, of the Labor Code of
the State of California and certified by
the State of California Division of
Apprenticeship Standards, where such
programs exist for the work to be
performed, or who, in the opinion of the
Director of Public Works /City Engineer,
or his /her designee, possess the
necessary experience, financial
qualifications, and equipment to perform
said subcontract.
The apprenticeship provisions
contained within this Subsection and
Subsection (b), shall not apply to
contracts of general contractors
involving less then fifty thousand
dollars ($50,000.00) or twenty (20)
working days or to contracts of specialty
contractors not bidding for work through
a general or prime contractor, involving
less then five thousand dollars
($5,000.00) or fewer than five (5)
working days.
(d) Any notice inviting bids for
public works contracts issued pursuant to
Sections 21A -11 and 21A -12 of this Code
shall inform all potential bidders of the
requirements of this section."
SECTION II. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or
the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this Ordinance or its application to other
persons or places. The City Council hereby declares that it
would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof or the application
thereof to any person or place, be declared invalid or
unconstitutional.
SECTION III. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
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FIRST READ at a
of said City held on the
1989 and finally adopted
meeting held on the 13th
1989.
regular meeting of the City Council
27th day of February
and ordered posted at a regular
day of March
ATTEST:
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CITY CLERK •F THE ITY OF CYPRESS
K�
MAYO i ' OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 13th day
of March , 1989, by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLERAF4lEcITY OF CYPRESS