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24-3   APPLICABILITY, EXEMPTIONS AND WAIVERS.
24-3.1   Applicability.
   Where this Chapter applies to covered vendors, the provisions shall apply to all covered vendors as defined in this Chapter, not including the exemptions listed in Subsection 24-3.2.
(CBC 1985 24-3.1; Ord. 1998 c. 5 § 3; Ord. 2021 c. 17 § 10)
24-3.2   Exemptions.
   The following types of assistance, service contracts and subcontracts shall be exempt from the provisions of this Section:   
   (A)   Construction contracts awarded by the city that are subject to the commonwealth’s Prevailing Wage Law, being M.G.L. Chapter 149, Sections 26—27H;
   (B)   Assistance or contracts awarded to youth programs, as defined in this Section; provided that the contract is for stipends to youth in the program;
   (C)   Assistance or contracts awarded to work-study or cooperative educational programs; provided that the assistance or contract is for stipends to students in the programs; and
   (D)   Assistance and contracts awarded to vendors who provide services to the city and are awarded to vendors who provide trainees a stipend or wage as part of a job training program and provides the trainees with additional services, which may include, but are not limited to, room and board, case management and job readiness services; and provided further that the trainees do not replace current city funded positions.
(CBC 1985 24-3.2; Ord. 1998 c. 5 § 3)
24-3.3   Affidavit Certifying Exemption Required.
   Covered vendors and beneficiaries of assistance must certify in an affidavit in a form approved by the designated Department and provided by the contracting Department and signed by a Principal Officer of the covered vendor or beneficiary of assistance, that one of the exemptions herein applies to them before they can be considered exempt. The covered vendor or the beneficiary of assistance shall submit the affidavit to the contracting Department who shall forward a copy to the designated Department and the Living Wage Advisory Committee.
(CBC 1985 24-3.3; Ord. 1998 c. 5 § 3) Penalty, see § 24-11
24-3.4   Waivers.
   (A)   General waiver.
      (1)   Waivers may be granted by the designated Department where application of this Chapter to a particular form of assistance, a service contract or subcontract, a covered building service contract, a covered lease or a lease of covered city owned property violates a specific commonwealth or federal statutory, regulatory or constitutional provision or provisions. All general waiver requests shall include the following:
         (a)   The assistance, service contract or subcontract, covered building service contract, covered lease or lease of covered city owned property to which this Chapter applies;
         (b)   The conflicting statutory, regulatory or constitutional provision or provisions that makes compliance with this Chapter unlawful, and a copy of each such provision; and
         (c)   An explanation of how compliance with this Chapter would violate the cited provision or provisions, and the consequences that would result if this violation were to occur.
      (2)   A general waiver request shall be submitted directly to the designated Department. The designated Department shall forward a copy of all requests to the Living Wage Advisory Committee.
   (B)   Hardship waiver.
      (1)   The contracting Departments shall monitor, and as necessary, recommend to the designated Department, individual or group exemptions necessary in cases in which compliance with this Chapter would cause undue economic hardship. Such waivers shall be subject to the designated Department’s approval after having held a public hearing on the request.
      (2)   All hardship waiver requests shall include the following:
         (a)   The service contract or service subcontract to which this Chapter applies;
         (b)   The lower wage paid by the covered vendor, and
         (c)   A detailed explanation of how the payment of a living wage will cause undue economic hardship including supporting financial statements.
      (3)   All hardship waiver requests shall be forwarded to the Living Wage Advisory Committee. Hardship waivers under this Section shall not be applicable to beneficiaries of assistance.
(CBC 1985 24-3.4; Ord. 1998 c. 5 § 3; Ord. 2021 c. 17 §§ 11 - 12)
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