CITYOF �
SANJOSE
CAPITAL OF SILICON VALLEY
TO: HONORABLE MAYOR AND
CITY COUNCIL
SUBJECT: SEE BELOW
COUNCIL AGENDA: 04/11/2023
ITEM: 3.3
Memorandum
FROM: Vice Mayor Kamei
Councilmember Candelas
Councilmember Cohen
DATE: 04/07/2023
SUBJECT: WAGE THEFT PREVENTION POLICY REVISION
RECOMMENDATION
1. Adopt the resolution with the following modifications included:
a) Regarding the janitorial and security services provisions:
i) Remove the following:
"A potential contractor that has submitted a formal or informal bid or proposal for a procurement for security guard or janitorial services will not automatically be disqualified under Section 1 above from the procurement if the proposer can provide documentation that demonstrates how they intend to comply with this Policy including wage, hours, working conditions, and a grievance process for wage and hour claims. The proposer may rely on provisions in a collective bargaining agreement or other documentation."
ii) In its place, add the following:
"A potential contractor that has submitted a formal or informal bid or proposal for a procurement for security guard or janitorial services will not automatically be disqualified under Section 1 above from the procurement if the proposer is covered by a collective bargaining agreement prior to date of contract, or can prove they have a mutually agreed upon process in place between employer and employees, which expressly provides for wages, hours of work, working conditions, and a mechanism for workers to file wage complaints and resolve wage issues through a grievance procedure."