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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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24-7   DUTIES OF COVERED VENDORS.
24-7.1   Notification Requirements.
   Covered vendors covered building service vendors, covered lessors and covered lessees shall provide each covered employee and covered building service employee with a fact sheet about this Chapter and shall post a notice about the Chapter in a conspicuous location visible to all employees. The fact sheet and poster shall be provided to the covered vendor, covered building service vendor, covered lessor or covered lessee by the designated Department and shall include:
   (A)   Notice of the living wage amount and notice of the standard compensation amount;
   (B)   A summary of the provisions of this Chapter;
   (C)   A description of the enforcement provisions of the Chapter; and
   (D)   The name, address and phone number of a person designated by the designated Department to which complaints of noncompliance with this Chapter should be directed.
(CBC 1985 24-7.1; Ord. 1998 c. 5 § 7; Ord. 2021 c. 17 §§ 16 - 19) Penalty, see § 24-11
24-7.2   Maintenance and Examination of Payroll Records.
   (A)   Maintenance of payroll records. Each covered vendor shall maintain payrolls for all covered employees and basic records relating thereto for a period of three years. The records shall contain the name and address of each employee, the job title and classification, the number of hours worked each day, the gross wages, deductions made, actual wages paid, a copy of the Social Security returns and evidence of payment thereof, a record of fringe benefit payments including contributions to approved plans, funds or programs and/or additional cash payments and such other data as may be required by the contracting Department from time to time.
   (B)   Examination of payrolls. Each covered vendor shall permit representatives of the designated Department, or their designees, to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls being investigated.
   (C)   Payroll reporting. On an annual basis, a covered building service vendor shall file with the city a complete certified payroll report showing the covered building service vendor’s payroll records for each covered building service employee. The city shall maintain all certified payroll reports so that they may be used in the event a complaint is made under the provisions of Section 24-10.
(CBC 1985 24-7.2; Ord. 1998 c. 5 § 7; Ord. 2021 c. 17 § 20) Penalty, see § 24-11
24-7.3   Vendor Agreements.
   At the time of signing a service contract with the city or subcontract with a vendor, the contract with the covered vendor must include the following:
   (A)   The name of the program or project under which the contract or subcontract is being awarded;
   (B)   A local contact name, address and phone number for the covered vendor;
   (C)    A written commitment by the covered vendor to pay all covered employees not less than the living wage, subject to adjustment each July 1, and to comply with the provisions of this Chapter;
   (D)   A workforce profile of covered employees paid for by the service contract or subcontract including the employees’ job titles with wage ranges, number of covered employees who are Boston residents, and the number of covered employees who are minorities and women;
   (E)   A written narrative of the covered vendors’ past efforts and future goals to hire low and moderate income Boston residents and train covered employees; the potential for advancement and raises for covered employees; the net increase and decrease in number of jobs or number of jobs maintained by classification that will result from the awarding of the service contract; and
   (F)   For service contracts, a list of all service subcontracts either awarded or that will be awarded to vendors with funds from the service contract. Any covered vendor awarded a service contract shall notify the contracting Department within three working days of signing a service subcontract with a vendor.
(CBC 1985 24-7.3; Ord. 1998 c. 5 § 7) Penalty, see § 24-11
24-7.4   Reports.
   (A)   Covered vendors and covered building service vendors shall provide quarterly reports to the designated Department of their employment activities. Not-for-profit vendors with 50 or more FTEs and all for-profit vendors shall be required to provide such reports biannually. These reports shall include:
      (1)   The job positions charged to the service contract, covered building service contract or service subcontract, the wage ranges of those positions; and
      (2)   The total number of Boston residents, women and minorities who are charged to the service contract, covered building service contract or service subcontract.
   (B)   The designated Department shall submit a summary of said reports to the Boston City Council and Living Wage Advisory Committee within 30 working days following the end of each quarterly or biannual reporting period.
(CBC 1985 24-7.4; Ord. 1998 c. 5 § 7; Ord. 2001 c. 8; Ord. 2021 c. 17 §§ 21 - 23) Penalty, see § 24-11
24-7.5   Transitional Employment Period.
   (A)   The city shall give advance notice, to the extent practicable, to a covered building service vendor and any collective bargaining representative of the covered building service vendor’s employees that a covered building service contract will expire or be terminated, and the city shall also provide the name, address and telephone number of the successor covered building service vendor or contractors where known. The expired or terminated covered building service vendor shall, within 15 days after receipt of such notice, provide to the successor covered building service vendor the name, address, date of hire and employment occupation classification of each covered building service employee employed at the site or sites covered by the building service contract at the time of receiving said notice. The expired or terminated covered building service vendor shall also provide this information to the city and to any collective bargaining representative of the vendor’s employees. At the same time, the expired or terminated vendor shall provide each affected employee with notice of his or her right to obtain employment with the successor covered building service vendor.
   (B)   A successor covered building service vendor or subcontractor where applicable shall retain for a 90-day transitional employment period all covered building service employees who were employed by the expired or terminated covered building service vendor and its subcontractors at the location(s) covered by the expired or terminated contract. This requirement shall not apply in the event the city chooses to employ building service employees directly.
   (C)   If at any time the successor covered building service vendor determines that fewer employees are required to perform the new service contract than had been performing such services under the expired or terminated contract, the successor covered building service vendor shall retain the covered building service employees by seniority within job classification. Except for such layoffs, during the 90-day transition period, the successor covered building service vendor shall not discharge without cause a covered building service employee pursuant to this Section. During the 90-day transition period, the successor covered building service vendor shall maintain a preferential hiring list of those covered building service employees not retained from which the successor vendor or its subcontractors shall hire additional employees. At the end of the 90-day transition employment period, the successor covered building service vendor shall perform a written performance evaluation for each covered building service employee retained pursuant to this Chapter. If a covered building service employee’s performance during such 90-day period is satisfactory, the successor covered building service vendor or subcontractor shall offer the covered building service employee continued employment under the terms and conditions established by the successor covered building service vendor or subcontractor or as required by law.
(CBC 1985 24-7.5; Ord. 2021 c. 17 § 24)
24-7.6   Provision of Standard Compensation to Covered Building Service Employees.
   (A)   All covered building service vendors shall provide all covered building service employees with no less than standard compensation. All covered lessors shall ensure that all covered building service employees employed in or around the building to which the relevant lease pertains are provided with no less than standard compensation for the term of the lease. All covered lessees that enter into a contract with a vendor to provide building services at a covered city owned property shall ensure that all covered building service employees are provided with no less than standard compensation for the term of the lease.
   (B)   The city shall maintain a list of covered leases, leases of covered city owned property and covered building service contracts. The list shall include the addresses of: properties that are the subject of covered leases, city owned property and locations covered by covered building service contracts.
   (C)   Calculation of standard compensation is as follows.
      (1)   Standard compensation shall include, for the relevant classification: 1) the standard hourly rate of pay, 2) standard paid leave and 3) standard benefits.
         (a)   The “standard hourly rate of pay” for covered building service employees other than unarmed or armed security guards shall be the greatest of the following:
            1.   The Living Wage rate as defined in Subsection 24-6.2; or
            2.   The prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
         (b)   The “standard hourly rate of pay” for unarmed security guards shall be the greatest of the following:
            1.   The Living Wage rate as defined in Subsection 24-6.2; or
            2.   The prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
          (c)   The “standard hourly rate of pay” for armed security guards shall be the greatest of the following:
            1.   The rate established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under the Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
            2.   The prescribed rate of wages as determined by the Director of Labor Standards pursuant to the commonwealth’s Prevailing Wage Law, Section 3, Chapter 195 of the Acts of 2014.
         (d)   The “standard hourly rate of pay” for covered building service employees other than for unarmed or armed security guards shall be annually adjusted to be no less than the greatest of the following:
            1.   The current Living Wage rate as defined in 24-6.2; or
            2. the current prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
         (e)   The “standard hourly rate of pay” for unarmed security guards shall be annually adjusted to be no less than the greatest of the following:
            1.   The current Living Wage rate as defined in Subsection 24-6.2; or
            2.   The current prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
         (f)   The “standard hourly rate of pay” for armed security guards shall be annually adjusted to be no less than the greatest of the following:
            1.   The current rate established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
            2.   The current prescribed rate of wages as determined by the Director of Labor Standards pursuant to the commonwealth’s Prevailing Wage Law, Section 3, Chapter 195 of the Acts of 2014.
         (g)   “Standard paid leave” for covered building service employees other than for unarmed or armed security guards shall be equal to the greatest of the following:
            1.   Annual paid leave required under applicable local, commonwealth or federal law; or
            2.   The paid leave provided under the prescribed rate of wages as determined by Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
         (h)   “Standard paid leave” for unarmed or armed security guards shall be equal to the greatest of the following:
            1.   Annual paid leave required under applicable local, commonwealth or federal law; or
            2.   The paid leave provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the Acts of the commonwealth’s Acts of 2014.
         (i)   The “standard benefits” for covered building service employees other than for unarmed or armed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
            1.   In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
            2.   By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
            3.   By providing the entire supplement in cash. The required hourly supplemental rate for covered building service employees other than for unarmed or armed security guards shall be equal to the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
         (j)   The “standard benefits” for unarmed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
            1.   In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
            2.   By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
            3.   By providing the entire supplement in cash. The required hourly supplemental rate for unarmed security guards shall be equal to the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
         (k)   1.   The “standard benefits” for armed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
               a.   In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
               b.   By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
               c.   By providing the entire supplement in cash.
            2.   The required hourly supplemental rate for armed security guards shall be equal to the greatest of the following:
               a.   The monetary value established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. § 6701 et seq.); or
               b.   The monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor standards pursuant to Section 3 of chapter 195 of the commonwealth’s Acts of 2014.
         (l)   The “standard benefits” for building service workers other than unarmed or armed security guards shall be adjusted annually to be no less than equal to the current monetary value of the health and other benefits (not including paid leave) as determined by the Director of the Department of Labor standards pursuant to M.G.L. Chapter 149, Section 27H.
         (m)   The “standard benefits” for unarmed security guards shall be adjusted annually to be no less than equal to the current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
         (n)   The “standard benefits” for armed security guards shall be adjusted annually to be no less than equal to the value of the greatest of the following:
            1.   The current monetary value established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
            2.   The current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor standards pursuant to Section 3 of chapter 195 of the commonwealth’s Acts of 2014.
      (2)   For the purposes of this Chapter, “benefits” shall not include workers compensation or other legally mandated insurance, nor shall it include the value of any benefit for which the covered building service employee is eligible, but for which no payment is actually made by a covered building service employer to the covered building service employee or to any other party on the covered building service employee’s behalf because the covered building service employee either does not actually utilize or does not elect to receive the benefit for any reason.
(CBC 1985 24-7.6; Ord. 2021 c. 17 § 24)
24-8   LIVING WAGE ADVISORY COMMITTEE.
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