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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)
(A) Prior to commencement of the contract’s term or execution by Fairfax, contractor and/or subcontractor will certify to the satisfaction of the town that its employees are paid a living wage as provided by this chapter. Contractors and subcontractors must include a statement of findings of any violations found against the contractor and/or subcontractor over the past five years and how these violations were addressed, with the National Employees Relations Board, the Occupational Safety and Health Agency, the California Labor Commission, the Equal Employment Opportunity Commission and/or the Department of Fair Housing.
(B) Prior to final approval of contracts procured pursuant to the Town Code, pertaining to Town Council approval of services agreements, the town would consider the history of the proposer as an employer and the working conditions of the employer’s employees as deemed appropriate by the Town Council. The town shall be authorized to access and review the employer’s employee turnover, wages paid, benefits and employee grievances or complaints and consider references from entities engaged in prior contracts with the contractor or subcontractor. Any proprietary information, or personnel and employee information, shall be kept confidential. This information would be taken into account as part of consideration of the contract and may be used by the Council as the basis for contract denial.
(Ord. 691, passed 8-6-2002)
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