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CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
Section
24-1   TITLE AND PURPOSE
24-2   DEFINITIONS
24-3   APPLICABILITY, EXEMPTIONS AND WAIVERS
   24-3.1   Applicability
   24-3.2   Exemptions
   24-3.3   Affidavit Certifying Exemption Required
   24-3.4   Waivers
24-4   FIRST SOURCE HIRING AGREEMENTS
24-5   NOTIFICATION REQUIREMENTS
24-6   LIVING WAGE PAYMENT TO EMPLOYEES
   24-6.1   Applicability
   24-6.2   Calculation of the Living Wage
24-7   DUTIES OF COVERED VENDORS
   24-7.1   Notification Requirements
   24-7.2   Maintenance and Examination of Payroll Records
   24-7.3   Vendor Agreements
   24-7.4   Reports
   24-7.5   Transitional Employment Period
   24-7.6   Provision of Standard Compensation to Covered Building Service Employees
24-8   LIVING WAGE ADVISORY COMMITTEE
   24-8.1   Purpose
   24-8.2   Composition and Term
   24-8.3   Meetings
   24-8.4   Conflict of Interest
24-9   ENFORCEMENT POWERS
24-10   COMPLAINT PROCEDURES AND INVESTIGATIONS
   24-10.1   Complaints
   24-10.2   Discrimination Against Covered Employees Barred
   24-10.3   Investigations
   24-10.4   Noncompliance
   24-10.5   Living Wage Advisory Committee Compliance Review Hearings
24-11   PENALTIES AND REMEDIES
24-12   EARNED INCOME CREDIT NOTIFICATION
24-13   SEVERABILITY
24-14   EFFECTIVE DATE
Editor’s note:
   Prior ordinance history includes portions of Ordinance Nos. 1997 c. 5 and 1998 c. 3.
24-1   TITLE AND PURPOSE.
   This Chapter shall be known as the “Boston Jobs, Living Wage and Prevailing Wage Ordinance”. The purpose of this Chapter is to assure that employees of vendors who contract with the city to provide services earn an hourly wage that is sufficient for a family of four to live at or above the federal poverty level, and to ensure that city dollars are not used to undercut the prevailing standards that have been attained by building service workers. This Chapter is also designed to maximize access for low and moderate income Bostonians to the jobs that are created, maintained or subsidized through service contracts with the city.
(CBC 1985 24-1; Ord. 1998 c. 5 § 1; Ord. 2021 c. 17 §§ 1-2)
24-2   DEFINITIONS.
   For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASSISTANCE. Any grant, loan, tax incentive, bond financing, subsidy or other form of assistance of $100,000 or more realized by or through the authority or approval of the city, including, but not limited to, industrial development bonds, Community Development Block Grant (“CDBG”) loans and Federal Enhanced Enterprise Community designations awarded after the effective date of this Chapter. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be regarded as financial ASSISTANCE to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. §§ 1274(d) and 7872(f). A recipient of ASSISTANCE shall not be deemed to include leases and subleases.
   BENEFICIARY. Any direct recipient of at least $100,000 of assistance provided that the beneficiary is a for-profit employer of at least 25 FTEs or a not-for-profit employer of at least 100 FTEs.
   BUILDING SERVICES or BUILDING SERVICE WORK. Work performed in connection with the cleaning and maintenance of buildings and security guard services.
   CONTRACTING DEPARTMENT. Any City Department that awards a service contract or covered building service contract.
   COVERED BUILDING SERVICE CONTRACT. A contract or subcontract to provide building services to the city.
   COVERED BUILDING SERVICE EMPLOYEE.
      (1)   Any person employed, directly or indirectly, to perform building service work in the performance of a covered building service contract;
      (2)   Any person employed, directly or indirectly, to perform building service work on covered city-owned property; and
      (3)   Any person employed, directly or indirectly, to perform building service work on premises that are the subject of a covered lease.
   COVERED BUILDING SERVICE VENDOR. An employer providing building services pursuant to a covered building service contract.
   COVERED CITY OWNED PROPERTY. Buildings owned by the city.
   COVERED EMPLOYEE. A person employed by a covered vendor, other than a covered building service employee, who directly expends or would directly expend his or her time on the service contract with the city or on the service subcontract.
   COVERED LEASE. Any agreement whereby the city contracts for, leases or rents commercial office space or commercial office facilities from a non-governmental entity provided the city, whether through a single agreement or multiple agreements, rents no less than 51% of the total square footage of the buildings to which the lease applies.
   COVERED LESSEE. Any non-governmental person or entity that contracts for, leases or rents space in covered city owned property from the city.
   COVERED LESSOR. Any non-governmental person or entity that enters into a covered lease with the city.
   COVERED VENDOR. Any for-profit employer or any not-for-profit employer, other than a covered building service vendor, who employs at least 25 FTEs who has been awarded a service contract or service subcontract after the effective date of this Section. This term does not include beneficiary as herein defined.
   DESIGNATED DEPARTMENT. The City Department or Agency, designated by the Mayor, to be responsible for the overall implementation, compliance and enforcement of this Chapter.
   FIRST SOURCE HIRING AGREEMENT. A signed agreement between a covered vendor or a beneficiary and a referral agency.
   FULL-TIME EQUIVALENT (“FTE”). A formula to calculate the number of employee work hours which equal one full-time position. For the purposes of this Chapter, FULL-TIME shall mean the standard number of working hours, between 35 hours and 40 hours per week, that is used by the covered vendor to determine full-time employment.
   LIVING WAGE. The rate established by the designated Department as the minimum hourly wage rate that shall be paid to a covered employee by a covered vendor pursuant to the formula set forth in Section 24-6.
   LOW AND MODERATE INCOME PERSONS. Persons with an annual income that is less than 80% of median income for the Boston Primary Standard Metropolitan Statistical Area as published by the Department of Housing and Urban Development.
   PERSON. One or more of the following or their Agents, employees, servants, representatives and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law by this commonwealth.
   REFERRAL AGENCY. Any organized job registry and referral service operated by a not-for-profit organization or union; provided that the not-for-profit organization has the following:
      (1)   An established community membership base and record of conducting outreach in low and moderate income city communities;
      (2)   A computerized skills bank where individuals may register for employment and training opportunities;
      (3)   An established process whereby an employer can post job openings, and where referrals can begin within 48 hours of such posting;
      (4)   A governing Board comprised of a majority of low and moderate income city residents; or the majority of services provided by the entity are furnished to low and moderate income Boston residents;
      (5)   A proven track record of nondiscriminatory job placement with respect to race, color, religion, national origin, sex, gender identity or expression, sexual orientation, age, marital status, discharge from the military service or handicap unrelated to job ability; and
      (6)   Is certified as meeting requirements (1) through (5) above by the Boston Office of Jobs and Community Services.
   SERVICE CONTRACT. Any contract, other than a covered building service contract, of at least $50,000 or more awarded to a vendor by the city for the furnishing of services to or for the city. Beginning on July 1, 2002, SERVICE CONTRACT shall mean any contract of at least $25,000 or more awarded to a vendor by the city for the furnishing of services to or for the city.
   SERVICE SUBCONTRACT. A subcontract, other than a subcontract for building services, of $25,000 or more awarded to a vendor by a covered vendor; provided the subcontract is paid for by funds from the service contract.
   STANDARD COMPENSATION. The hourly rate of pay, benefits and paid leave that shall be provided to a covered building service employee pursuant to the formula set forth in Subsection 24-7.6.
   VENDOR AGREEMENT. A written agreement between the city and any covered vendor, other than a covered building service vendor, that is executed at the time a service contract is signed with the city or a subcontract is signed with a covered vendor.
   YOUTH PROGRAM. Any city, commonwealth or federally funded program which employs youth, as defined by city, commonwealth or federal guidelines, during the summer, or as part of a school to work program, or in other related seasonal or part-time program.
(CBC 1985 24-2; Ord. 1998 c. 5 § 2; Ord. 2001 c. 8; Ord. 2002 c. 9; Ord. 2021 c. 17 §§ 3 - 9)
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