§ 36.032  PUBLIC WORKS WAGES.
   (A)   General provisions.
      (1)   To the extent and as required by ILCS Ch. 820, Act 130, §§ 1 through 12, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works within the jurisdiction of the county is hereby ascertained to be the same as the prevailing rate of wages for construction work in the county area as determined by the Department of Labor of the state as of June of the current year, a copy of that determination being incorporated herein by reference.
      (2)   As required by state law, any and all revisions of the prevailing rate of wages by the State Department of Labor shall supersede the Department’s June determination and apply to any and all public works construction undertaken by the county.
      (3)   The definition of any terms appearing in this section which are also used in the aforementioned state law, shall be the same as in state law.
      (4)   Nothing contained herein shall be construed  to  apply  the  general  prevailing  rate of wages, as herein ascertained, to any work or employment, except public works construction of the county to the extent required by the aforementioned state law.
      (5)   This section, and every provision thereof, shall be considered separable, and the invalidation of any portion of this section shall not affect the validity of the remainder.
      (6)   All ordinances and resolutions, or parts thereof, in conflict herewith, are hereby repealed.
      (7)   This section shall take effect following its passage, approval, adoption, recording inspection and publication, as may be required by law.
   (B)   Application and implementation.  In any and all bid calls and related contracts awarded, including those funded by bonds, grants, loans or other means, pursuant to the State Municipal Code (Division 74), the State Building Revenue Bond Act, the State Development Finance Authority Act, the Build Illinois Bond Act and the Build Illinois Act, involving pubic works building, construction or improvement projects, the county shall require that:
      (1)   A copy of this determination or its current revision(s), then in effect, shall be attached to all bid or contract specifications;
      (2)   No less than the general prevailing rates of wages in the county, shall be paid for each craft or type of worker or mechanic needed to execute the contract or perform the work;
      (3)   Bonds or other appropriate sureties including provisions as shall guarantee the faithful performance of the prevailing wage clause; and
      (4)   Unless it can be shown, in accordance with the aforementioned state law, that an insufficiency of qualified workers are reasonably available, public works project workers shall be employed, in the following priority:
         (a)   First: County residents; then
         (b)   Second: Residents from immediately  adjacent  state  counties;  then
         (c)   Third:  Other residents of the state; then
         (d)   Fourth:  All others.
      (5)   Failure to comply with these provisions shall render any contractor or sub-contractor liable to the penalties, set forth in the aforementioned state law.
   (C)   County Clerk’s duties.  The County Clerk shall:
      (1)   Publicly post or keep available for inspection, by an interested party, in the main office of the county this determination or any revisions of the prevailing rate of wage;
      (2)   Mail a copy of this determination to any employer and to any association of employers, and to any person or association of employees, who have filed their names and addresses, requesting copies of any determination, stating the particular rates and the particular classes of workers whose wages shall be affected by the rates;
      (3)   Promptly file a certified copy of this section with both the State Secretary of State (Index Division) and the State Department of Labor;
      (4)   Distribute copies of this section and any amendatory wage revisions to all elected and appointed department heads, the County Pubic Building Commission and other agencies of county government, as appropriate; and
      (5)   Cause to be published in a newspaper of general circulation within the area a copy of this section, and the publication shall constitute notice that the determination is effective and that this is the determination of the public body.
(1980 Code, § 36.27)  (Res. 80-169, adopted 10-29-1980; Res. 81-122, adopted 7-23-1981; Res. 83-67, adopted 7-21-1983; Res. 84-74, adopted 6-21-1984; Res. 86-89, adopted 6-19-1986; Res. 89-113, adopted 6-15-1989; Res. 90-134, adopted 6-21-1990; Res. 91-138, passed 5-16-1991; Res. 01-267, passed 6-21-2001; Res. 03-429, passed 9-18-2003; Res. 04-257, passed 6-17-2004; Ord. 13-161, passed 6-20-2013)