Compliance with Prevailing Wage Requirements. (a) Developer shall abide by all of the City’s applicable prevailing wage requirements including but not limited to City Resolution Numbers 61716, 72518, 71584 and 76242, (collectively, such resolutions are the “City Housing Prevailing Wage Policy”) and San ▇▇▇▇ Municipal Code Chapter 14.09 during the construction of the Project and all applicable requirements of California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto, (and, if required by applicable federal law or regulations, the ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”). Developer shall pay, or cause to be paid, prevailing wages, for all construction work on the Project. For the purposes of this Agreement, “prevailing wages” means not less than the general prevailing rate of per diem wages, as defined in Section 1773 of the California Labor Code and Subchapter 3 of Chapter 8, Division 1, Title 8 of the California Code of Regulations (Section 16000 et seq.), and as established by the Director of the California Department of Industrial Relations (“DIR”), or in the absence of such establishment by the DIR, by the City’s Office of Equality Assurance (“OEA”), for the respective craft classification. In any case where the prevailing wage is established by the DIR or by OEA, the general prevailing rate of per diem wages shall be adjusted annually in accordance with the established rate in effect as of such date. (b) In addition to State Law requirements regarding prevailing wages, City recognizes that payment of prevailing wages for work on the Project promotes the following goals: protection of job opportunities within the City of San ▇▇▇▇ and stimulation of the economy by reducing the incentive to recruit and pay a substandard wage to workers from distant, cheap-labor areas; benefiting the public through the superior efficiency and ability of well-paid employees, thereby avoiding the negative impact that the payment of inadequate compensation has on the quality of services because of high turnover and instability in the workplace; payment of a wage that enables workers to live within the community, thereby promoting the health and welfare of all citizens of the City of San ▇▇▇▇ by increasing the ability of such workers to attain sustenance, avoid poverty and dependence on taxpayer funded social services; and increasing competition by promoting a level playing field among contractors with regard to the minimum prevailing wages to be paid to workers. (c) Developer’s compliance with prevailing wage and the requirements herein is a material consideration of City in entering into this Agreement. City will monitor Developer’s compliance with the Labor Code requirements and additional requirements of this Agreement through the City’s Office of Equality Assurance.
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Compliance with Prevailing Wage Requirements. (a) Developer shall abide by all of the City’s applicable prevailing wage requirements including but not limited to City Resolution Numbers 61716, 72518, 71584 and 76242, (collectively, such resolutions are the “City Housing Prevailing Wage Policy”) and San ▇▇▇▇ Municipal Code Chapter 14.09 during the construction of the Project and all applicable requirements of California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto, (and, if required by applicable federal law or regulations, the ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”)Project. Developer shall pay, or cause to be paid, prevailing wages, for all construction work on the Project. For the purposes of this Agreement, “prevailing wages” means not less than the general prevailing rate of per diem wages, as defined in Section 1773 of the California Labor Code and Subchapter 3 of Chapter 8, Division 1, Title 8 of the California Code of Regulations (Section 16000 et seq.), and as established by the Director of the California Department of Industrial Relations (“DIR”), or in the absence of such establishment by the DIR, by the City’s Office of Equality Assurance (“OEA”), for the respective craft classification. In any case where the prevailing wage is established by the DIR or by OEA, the general prevailing rate of per diem wages shall be adjusted annually in accordance with the established rate in effect as of such date.
(b) In addition to State Law requirements regarding prevailing wages, City recognizes that payment of prevailing wages for work on the Project promotes the following goals: protection :
(1) Protection of job opportunities within the City of San ▇▇▇▇ and stimulation of the economy by reducing the incentive to recruit and pay a substandard wage to workers from distant, cheap-labor areas; benefiting ;
(2) Benefiting the public through the superior efficiency and ability of well-paid employees, thereby avoiding the negative impact that the payment of inadequate compensation has on the quality of services because of high turnover and instability in the workplace; payment ;
(3) Payment of a wage that enables workers to live within the community, thereby promoting the health and welfare of all citizens of the City of San ▇▇▇▇ by increasing the ability of such workers to attain sustenance, avoid poverty and dependence on taxpayer funded social services; and increasing and
(4) Increasing competition by promoting a level playing field among contractors with regard to the minimum prevailing wages to be paid to workers.
(c) Developer’s compliance with prevailing wage and the requirements herein is a material consideration of City in entering into this Agreement. City will monitor Developer’s compliance with the Labor Code requirements and additional requirements of this Agreement through the City’s Office of Equality Assurance.
(d) City and Developer recognize that Developer’s breach of applicable prevailing wage provisions, including those applicable through the California Labor Code and City’s additional prevailing wage compliance provisions within this Agreement, will cause City damage by undermining City’s goals in assuring timely payment of prevailing wages, and will cause City additional expense in obtaining compliance and conducting audits, and that such damage would not be remedied by Developer’s payment of restitution to the worker paid less than the prevailing wage. City and Developer further recognize the delays, expense and difficulty involved in proving City’s actual losses in a legal proceeding. Accordingly, and instead of requiring such proof of loss or damage, City and Developer agree that:
(1) For each day beyond the Payroll Due Date that Developer fails to submit contractor’s certified payroll to City, Developer shall pay to City as liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($250.00); and
(2) For each instance where City has determined that prevailing wage requirements were not met, Developer shall pay to City as liquidated damages the sum of three (3) times the difference between the actual amount of wages paid and the prevailing wage which should have been paid.
(3) Any liquidated damages due the City shall only be paid from non-Project funds and shall not be considered Permitted Expenses as defined under the Note.
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Sources: Loan Agreement