Sections:
3.58.010 Legislative findings.
3.58.020 Definitions.
3.58.030 Living wage and health benefits.
3.58.040 Use of funds paid under city contracts.
3.58.050 No reduction in non-wage benefits.
3.58.060 No retaliation.
3.58.070 Notification to covered employees.
3.58.080 Implementation and enforcement.
3.58.090 Supersession by collective bargaining agreement.
3.58.100 No reduction in collective bargaining wage rates.
3.58.110 Annual reports.
3.58.120 Audit report after three years.
3.58.130 Effective date.
The city council finds as follows:
A. In its proprietary capacity, the city awards many contracts to private businesses that provide services to the public and to the city. While providing such services, these businesses should pay their employees a wage, including healthcare benefits, that enables the employees and their families to meet basic needs and avoid economic hardship. Likewise, all career employees of the city should be paid a wage, including healthcare benefits, that enables them and their families to meet basic needs and avoid economic hardship.
B. Payment of such a "living wage" will enhance the quality of services provided to the public and the city by promoting workplace stability. It will also reduce the amount of taxpayer-funded social services that must be provided to employees who are city residents. (Ord. 2003-082)
The following definitions apply in this chapter:
"City contract" means a contract with the city under which a covered employer provides nonprofessional services in return for compensation of $250,000 or more.
A. "City contract" includes the following:
1. An existing contract for nonprofessional services that did not qualify as a city contract when awarded but is amended after the effective date of this chapter so that the total compensation is $250,000 or more. Such a contract will be a city contract beginning on the effective date of the amendment except as provided below in section 3.58.030B.
2. A contract for nonprofessional services that, by itself, does not qualify as a city contract, but is awarded under the following circumstances: the aggregate value of that contract and of any other contracts for nonprofessional services the city has awarded to the same person within the previous 12 months is $250,000 or more. Once a contract qualifies as a city contract under this subsection, it remains a city contract until it expires or is terminated.
B. "City contract" does not include the following:
1. Contracts for professional services of any kind, including, but not limited to, services rendered by engineers, architects, auditors, banks, consultants, actuaries and attorneys.
2. Contracts awarded by the city manager in response to an emergency. An emergency exists when the city manager determines that the services covered by the contract must be provided immediately to safeguard life, health, or property; to permit the continued conduct of city operations or services; or to mitigate further damage.
3. Contracts for the purchase or lease of equipment, supplies or other personal property, even though they include incidental services such as delivery, installation or maintenance.
4. Contracts with nonprofit corporations that are organized under section 501 of the United States Internal Revenue Code and have fewer than 100 employees, whether full- or part-time.
5. Contracts that are subject to city, state or federal prevailing-wage laws.
6. Contracts for services provided to city employees and retirees.
7. Contracts where, by a two-thirds vote of the members, the council finds that it is in the best interest of the city not to require compliance with this chapter.
"City manager" means the city manager or designee.
"Covered employee" means an individual who is a full-time or part-time career employee of the city. It also means an individual who performs work directly related to a city contract, whether the individual works full-time or part-time, is a contingent or contract employee, or is made available to work on the city contract through a temporary-services agency or similar entity. "Covered employee" does not include the following:
A. Individuals who participate in job-training-and-education programs that have, as their express purpose, the provision of basic job skills and education to participants, with the goal of earning a high-school-equivalency diploma and permanent employment.
B. Temporary and seasonal city employees.
C. Student interns.
D. Individuals participating in specialized-training programs.
"Covered employer" means the following:
A. A person that is a party to a city contract and has at least 25 employees, whether full- or part-time, determined by adding the person's employees and the employees of any related person. A person is a related person when any of the following circumstances exists:
1. The person and the person that is a party to a city contract are both corporations and:
a. Share a majority of members of their governing boards;
b. Have two or more officers in common;
c. Are controlled by the same majority shareholder or shareholders (control means more than 50% of the corporation's voting power); or
d. Are in a parent-subsidiary relationship (such a relationship exists when one corporation directly or indirectly owns shares possessing more than 50% of another corporation's voting power).
2. The person otherwise controls and directs, or is controlled and directed by, the person that is a party to a city contract, as determined by the city manager.
B. A subcontractor providing services under a city contract, if the subcontractor has at least 25 employees, whether full- or part-time, or the amount of the subcontract is at least 25% of the amount of the city contract.
C. The city of Sacramento.
"Nonprofessional services" means any services of a nonprofessional character, including, but not limited to, tree-trimming services, janitorial services, repair services for motor vehicles and office equipment, vehicle towing, window washing, security services and laundry services.
"Person" means any of the following: any individual and any corporation, limited- liability company, partnership, joint venture, association, labor organization, unincorporated organization or other entity. "Person" does not include any unit of federal, state or local government except the city of Sacramento. (Ord. 2020-0013 § 8; Ord. 2003-082)3.58.020
Loading...