Title III - Plant, Equipment, Services and Supplies 

100 - PURCHASING PROCEDURES

4.8       Living Wage Ordinance

(a)       Definition

The Living Wage Ordinance (Chapter 2.122 of the County Code) requires that private sector employers who contract with the County to provide specified personal services for greater than $15,000 cumulatively in one fiscal year must pay their employees assigned to work on a County contract or Purchase Order a living wage as defined in the ordinance and periodically modified by the Board of Supervisors.

Additional information regarding the Living Wage Ordinance can be found on the General Services’ Intranet site at:

http://gsdportal/Living%20Wage.htm

            (b)       Covered Personal Services Contracts

Contracts for the following personal services must provide for payment of a Living Wage unless a higher prevailing wage is mandated for these services (see 10.2 below):

:

                        Automotive repair and maintenance

                        Equipment maintenance

                        Facility and building maintenance

                        Furniture moving and installation/maintenance

                        Janitorial and custodial

                        Landscaping

                        Laundry

                        Office and clerical

                        Pest control

                        Recreation

                        Security

                        Transportation and shuttle

                        Towing

                        Tree trimming and removal

(c)        Non-covered Contracts

                        Contracts not subject to the Living Wage Ordinance include:

                        Commodities, goods and supplies

                        Public projects (see Section 10.1 below)

Professional Services (see Section 4.8 following) including but not limited to architects, engineers, landscape architects, land surveyors, construction managers, scientists, physicians, attorneys, financial advisors, consultants

                        Leases

(d)    Covered Contractors

Contractors covered under the Living Wage Ordinance include private sector employers with six (6) or more employees who enter into a contract or contracts with the County for any of the services listed under Section 4.8 (b) with a cumulative total in one fiscal year greater than $15,000.

(e)    Covered Employees

Employees covered under the Living Wage Ordinance include any employee of a covered contractor who performs work for a Santa Cruz County Contract or Purchase Order.  The employee can be full-time, part-time or seasonal.

(e)  Non-Covered Employees

Employees not subject to the provisions of the Living Wage Ordinance include:

Employees covered under a collective bargaining agreement.

Employees 17 years old or younger.

Designated trainees in a bona fide time-limited training program which enables the employee to move into a permanent position.

Positions that require student status as a condition of employment.

Volunteers.

Recipients of income support such as SSI who waive in writing their

entitlement to a living wage.

Workers in licensed sheltered workshops or supported employment.

Recipients of public funds in work experience, on-the-job training, summer employment programs of wage-based community service positions, as defined by the Human Services Department or Health Services Agency Administrators.

(f) Exemptions

Contractors with five (5) or fewer employees are exempted from the provisions of the Living Wage Ordinance.  The Board of Supervisors may grant exemptions based upon findings of economic hardship or unusual circumstances.  A complete description of the exemption process can be found at the County’s Intranet site.

(g) Contract Language

The following language is required in covered services contracts, requests for proposals, and bid documents:

“This contract is subject to the provisions of Santa Cruz County Code Chapter 2.122, requiring payment of a living wage to covered employees.  Noncompliance 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.”

(h) Certification

Covered contractors are required to certify that they are in compliance with the ordinance prior to commencement and execution of the covered contract.  Certification forms are available from the Purchasing Division.

(i) Employee Notification

Covered contractors are required to notify employees of the provisions of the Living Wage Ordinance and must post the ordinance and Complaint Procedure in the workplace.  Contractors are also required to provide this information to an employee upon request.

(j) Complaint Process

The County Administrative Officer is the Compliance Officer.  The Compliance Officer has three (3) business days to contact a complainant in order to get more information.  The Compliance Officer forwards the complaint to the contracting County department for investigation.  The department has thirty (30) days from the date the Compliance Officer receives the complaint to conduct its investigation and to make findings.  The department notifies the Compliance Officer of its findings.  The Compliance Officer has seven (7) days to notify the complainant of the Compliance Officer’s findings and determination.

(k) 3^rd Tier Review

As part of the certification of compliance prior to contract commencement, the contractor must include a statement of any findings of violations within the past five (5) years and how they were addressed from the National Employees Relations Board, OSHA, California Labor Commission, Equal Employment Opportunity Commission and/or the Department of Fair Employment and Housing.

The Board of Supervisors may decide to use this information as a basis of approving a contract for services.

(l)    Employee Retention

If a contract for covered services in excess of $50,000 is terminated prior to its expiration, any new contract with a subsequent contractor for the same services must include the following clause:

“Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract.  Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of the prior contractor, (3) employed by the prior contractor for less than six months, or (4) convicted of a job-related or workplace crime.  Upon request by the County, the Contractor shall demonstrate to the County the good faith efforts that have been made to comply with this provision.”

     (m)   Procedural Flow Chart for Covered Services Under $15,000