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(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)
The Town Council in its sole discretion, or its designee, may grant an exemption for grounds upon making a finding and determination either that compliance with the living wage will cause economic hardship, or that the exemption is necessary for the best interests of the town and is due to unusual circumstances (e.g., following a declared natural disaster) or where the town is required to award a contract for services to a sole source contractor for services. For all exemption requests, the exemption applicant must provide a written statement that includes complete details in support of the request for exemption and describe alternative solutions pursued. Exemptions will apply only to the contract for which they are granted.
(Ord. 691, passed 8-6-2002)
Town departments and officers shall place in contracts for services and related requests for proposals or bid documents language in substantially the following form: “This contract is subject to the provisions of Fairfax Town Code Chapter ----, requiring payment of a living wage to covered employees. Non-compliance during the term of the contract will be considered a material breach and may result in termination of the contract or pursuit of other legal or administrative remedies.”
(Ord. 691, passed 8-6-2002)
(A) Contractors for services and subcontractors shall notify all employees subject to the provisions of this chapter of the requirement to pay a living wage, the current minimum living wage rates, the minimum vacation leave and sick leave that must be provided and the minimum amount paid toward health insurance to qualify for the lower minimum living wage.
(B) Contractors for services and subcontractors shall post a copy of this chapter and the approved complaint procedure, in the workplace, and provide this information to employees upon request.
(Ord. 691, passed 8-6-2002)
(A) Monitoring of compliance with the requirements of this chapter shall occur under the same monitoring program as applicable to the town’s prevailing wage requirements. An annual report shall be provided to the Town Council or its designee concerning the status of the program.
(B) The Town Manager shall be the compliance officer for the purpose of enforcing the provisions of this chapter. Complaints concerning contractors’ compliance with this chapter shall be made to the compliance officer, who shall follow the complaint procedure established by the Town Council.
(C) Any employee claiming violation of the chapter may report such acts to the town and may bring an action in the appropriate court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights.
(D) Nothing in this chapter shall preclude an employee from seeking any or all forms of relief and damages.
(E) Contractors or subcontractors shall not discharge, reduce the compensation of, discriminate or otherwise retaliate against or intimidate any person for making a complaint to the town concerning non- compliance with obligations under this chapter. Contractors for services, and subcontractors shall also comply with federal, stated and all other applicable law proscribing retaliation for union organizing.
(Ord. 691, passed 8-6-2002)
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