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(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)
(A) All covered vendors and all beneficiaries of assistance (hereinafter referred to as “the employer” for the purposes of this Section) shall sign a first source hiring agreement with one or more referral agencies or one or more Boston One Stop Career Centers which shall include the following:
(1) Prior to announcing or advertising an employment position for work which shall be performed as a result of a service contract, service subcontract or assistance created either as a result of a vacancy of an existing position or of a new employment position, the employer shall notify the referral agency about the position, including a general description and the employer’s minimum requirements for qualified applicants for such position;
(2) The employer shall not make such public announcement or advertisement for a period of five business days after notification to the referral agency of the availability of such position. Such five-day period is hereinafter referred to as the “advance notice period”;
(3) The referral agency shall maintain a database of job opportunities subject to this Chapter and shall provide information on such job opportunities to all city residents who receive services;
(4) The advance notice period shall be waived if the referral agency has no qualified candidates to refer to the covered vendor or beneficiary;
(5) The referral agency or career center shall institute a tracking system and record which applicants were interviewed, which applicants were not interviewed, and which applicants were hired for the positions;
(6) The agreement does not require the employer to comply with these procedures if it fills the job vacancy or newly created position by transfer or promotion from existing staff or from a file of qualified applicants previously referred by the referral agency or career center; and
(7) The agreement shall not require the employer to hire any applicant referred under the terms of this agreement.
(B) Beneficiaries who receive assistance from the city in the amount of $1,000,000 or more in any 12-month period shall be required to comply with this Section for five years from the date such assistance reaches the $1,000,000 threshold. Beneficiaries receiving less than $1,000,000 but at least $100,000 of assistance in any 12-month period shall be required to comply with this Section for one year.
(CBC 1985 24-4; Ord. 1998 c. 5 § 4) Penalty, see § 24-11
All contracting Departments engaged in the awarding of contracts shall provide in writing, an explanation designed by the designated Department, of the requirements of this Chapter in all requests for bids for service contracts or covered building service contracts with the city. All persons who have signed a service contract or covered building service contract with the city shall forward a copy of such requirements to any person submitting a bid for a subcontract on the service contract or covered building service contract.
(A) Notification for covered building service contracts.
(1) All covered building service contracts and all solicitations for building services issued by the city shall specifically state that all requirements of this Chapter applicable to covered building service contracts, including enforcement mechanisms, are applicable to the contract and incorporated by reference, state that covered building service employees shall not be paid less than standard compensation for the relevant classification, and indicate:
(a) The number of hours of work required for the duration of the contract;
(b) The standard compensation for the relevant classification or classifications that is applicable to the covered building service employees;
(c) The process for annual price adjustments to accommodate increases in the required compensation; and
(d) A statement that the violation of the standard compensation requirement shall constitute a breach of contract.
(2) All solicitations for building services issued by the city shall further require prospective covered building contractors to submit pricing on a standard worksheet that is furnished by the city that breaks down the proposed hourly pricing into itemized components.
(B) Notification for covered city owned property. Before entering into a lease as the lessor of covered city owned property, the city shall specifically state that all requirements of this Chapter applicable to leases of covered city owned property, including enforcement mechanisms, are applicable to the lease and incorporated by reference, and require, as a condition of the lease, a contractual commitment from every covered lessee that, if the lessee enters into a contract with a vendor to provide building services at the covered city owned property:
(1) Each covered building service employee, whether or not he or she is directly employed by the covered lessee, shall be provided with standard compensation in accordance with the provisions of this Chapter;
(2) Any contract or subcontract entered into by the covered lessee for the provision of building service work, any contract or subcontract entered into by the covered lessee for property management and any lease with any tenant shall contain the following provision: “The wages paid on an hourly basis to any person providing building services, as defined in this Chapter, and the amount of payment or contribution paid or payable on behalf of each such person to cover benefits and the paid leave to be provided to each such person, shall be at a rate greater or equal to the ‘standard compensation’ as defined in this Chapter. A violation of this requirement shall constitute a breach of contract”; and
(3) The covered lessee shall produce for inspection and copying certified payroll records pertaining to any and all covered building service employees for the prior three-year period upon request.
(C) Notification for covered leases. Before entering into a covered lease, or extension, renewal, amendment or modification thereof, the city shall specifically state that all requirements of this Chapter applicable to covered leases, including enforcement mechanisms, are applicable to the lease and incorporated by reference into the lease, and require, as a condition of the lease, a certification, executed under penalty of perjury, that all covered building service employees employed in or around the building to which the lease pertains will be provided with standard compensation for the term of the lease. Such certification shall be certified by the Chief Executive or Chief Financial Officer of the covered lessor, or the designee of any such person. The certification shall be annexed to a part of any covered lease. The certification shall state that a violation of any provision of the certification shall constitute a violation of the covered lease and of this Chapter. In the certification, the covered lessor shall agree to provide certified payroll reports pertaining to covered building service employees for the prior three-year period upon request.
(CBC 1985 24-5; Ord. 1998 c. 5 § 5; Ord. 2021 c. 17 §§ 13 - 15) Penalty, see § 24-11
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