Section
8.56.010 Findings and purpose
8.56.020 Living wage requirement
8.56.030 Definitions
8.56.040 Exemptions
8.56.050 Assignees/successors in interest
8.56.060 Contract provision
8.56.070 Certification by contractor
8.56.080 Application of chapter
8.56.090 Notification of employees
8.56.100 Monitoring and enforcement
8.56.110 Third tier review
8.56.120 Labor relation neutrality
8.56.130 Employee retention
8.56.140 Severability
In enacting this chapter the Town Council makes the following findings and articulates the following purposes for the promulgation of the living wage regulations set forth herein:
(A) The health and welfare of all Fairfax residents is benefitted and advances when Fairfax workers are paid a living wage;
(B) The town awards contracts to private sector and non profit employers to provide services to the town in accordance with those contracts;
(C) Many workers in Fairfax and their families live at or below the poverty line; (The payment of inadequate wages to those workers tends to negatively affect the quality of services provided to the town and its residents by fostering high turnover and instability in the workplace.)
(D) The payment of a living wage will increase the ability of low wage workers to attain sustenance, decrease the amount of poverty and reduce the amount of taxpayer funded services provided in the Town of Fairfax;
(E) Some employers who provide contract services to the Town do not provide health insurance benefits to their employees; and (This factor negatively affects worker performance and the quality of services delivered to the town and its residents, results in unwarranted employee absenteeism and negatively impacts local and state health programs. These problems can be favorably impacted if employers provide reasonable health insurance benefits to their employees.)
(F) Living wage jobs will decrease poverty, increase consumer income and invigorate downtown businesses.
(Ord. 691, passed 8-6-2002)
(A) Covered employees shall be paid a living wage.
(B) The “living wage” to be paid to employees pursuant to the requirements of this chapter shall be a minimum hourly wage of $13 with employer sponsored benefits or $14.75 without employer sponsored benefits, until adjusted by further action of the Town Council annually after consideration of the annual cost of living increase as measured by the San Francisco Bay Area Consumer Price Index. Any adjustments made to the minimum hourly wage shall become effective the following July 1.
(C) (1) “Benefits,” as used in this section, means all of the following at a minimum, provided by employer: 12 days compensated sick and vacation leave (combined) annually for full-time employees, prorated for employees working less than full-time; payment of at least $1.75 per hour toward health insurance for the employee.
(2) No covered employer will fund wage increases required by this chapter, or otherwise respond to the provisions of this chapter, by reducing the health insurance, pension, vacation or other non-wage benefits of any of its employees.
(D) Amendments to this chapter concerning the definition of living wage shall apply to contracts entered into or extended following the effective date of the amendments.
(Ord. 691, passed 8-6-2002)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRACT FOR PRIVATE SECTOR SERVICES.
(1) Any contract for both profit and non profits between the town and a private sector contractor for the following services:
(a) Automotive repair and maintenance;
(b) Equipment maintenance service;
(c) Facility and building maintenance;
(d) Furniture moving and installation/ maintenance services;
(e) Janitorial and custodial services;
(f) Landscaping services;
(g) Laundry services;
(h) Office and clerical services;
(i) Pest control services;
(j) Recreation services;
(k) Security services;
(l) Transportation and shuttle services;
(m) Towing services; and
(n) Tree trimming and removal.
(2) CONTRACT FOR PRIVATE SECTOR SERVICES. Does not refer to: contracts for commodities, goods, or supplies; contracts for public works; contracts for public projects subject to prevailing wage requirements; contracts for professional services including, but not limited to the services of architects, engineers, landscape architects, advisers, or consultants; nor leases.
(3) CONTRACTOR FOR PRIVATE SECTOR SERVICES. Any private sector contractor/employer who enters into a contract or contracts for private sector services with the town, with the cumulative compensation amount in one town fiscal year greater than $10,000.
COVERED EMPLOYEE.
(1) Any employee of a contractor for private sector services, or to any employee of a subcontractor who lives or works in the Town of Fairfax. In the foregoing context, COVERED EMPLOYEES are persons hired by contractors or subcontractors to work on a full-time, part-time, temporary, seasonal or regular basis for wages or salary.
(2) COVERED EMPLOYEE shall not include persons who are: in positions that are designated for “trainees” that are part of an employer’s bona fide time-limited training program, which training program enables the employee to advance into a permanent position; in positions of employment that require student status as a prerequisite to being employed in that position; volunteers; recipients of income support such as, but not limited to supplemental security income who would be ineligible for such benefits by virtue of receiving a living wage as described herein, who waive in writing their entitlement to a living wage; or workers in licensed, sheltered workshops or supported employment; recipients of public funds who have been placed in a work experience, on the job training position, summer employment position or wage-based community service position as defined by either the Town Code, Town Personnel Rules and Regulations or Fairfax Town Manager.
(3) COVERED EMPLOYEE shall not include those employees who are represented by a bargaining unit or labor union pursuant to rights conferred by state or federal law and for whom a collective bargaining labor agreement is in effect governing their terms and conditions of employment.
EMPLOYER.
(1) The Town of Fairfax and any person who is a recipient, contractor or subcontractor and who employs employees.
(2) EMPLOYER does not include other governmental agencies or quasi-governmental agencies, which have publicly elected boards or commissions.
PUBLIC SUBSIDIES RECIPIENT. Any person who receives financial assistance from the town, including direct grants, loans, waiver of town fees or other valuable consideration in an amount of more than $15,000 in any 12-month period. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through December) in the Consumer Price Index - Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Recipient does not include a private employer with less than ten employees who receives a tax abatement or subsidy.
SUBCONTRACTOR. Any subcontractor who enters into a subcontract with a contractor for private sector services.
TOWN. The Town of Fairfax, including all town departments and related town entities governed by the Town Council.
(Ord. 691, passed 8-6-2002)
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