Chapter 2.59
FAIR AND OPEN COMPETITION IN CONTRACTING

Sections:

2.59.010    Purpose and intent.

2.59.020    Definitions.

2.59.030    Requirements for 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 nonunion, have a fair and equal opportunity to work on public works projects. (Ord. 3160 § 2, 2010).

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 Sections 151 through 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 Section 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, park, playground, water system, irrigation system, sewer, storm water conveyance system, reclamation project, redevelopment project, or other public facility. (Ord. 3160 § 2, 2010).

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 but 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. (Ord. 3160 § 2, 2010).