Sec. 2-380. - Contractor compliance.

(a)

During the term of an agreement subject to this article , the covered employer shall maintain documentation demonstrating that each employee employed any percentage of time on county financed activities is: (1) being compensated at no less than the living wage rate as required by this article, or is otherwise exempt pursuant to the provisions of this article, and (2) for those employees being compensated at the lower rate with benefits specified in Section 2-377, subsection (c), documentation must be maintained demonstrating that each such employee was provided the applicable benefits. Such documentation must be retained for at least two (2) years following completion or termination of the covered agreement. County representatives shall be permitted to review and make copies of such documentation at all reasonable times during agreement term or following completion or termination of the subject agreement.

(b)

Covered employers shall provide a written notice, in form and content as specified by the county, to each employee who is engaged in work on an agreement subject to this article. A copy of the notice must be provided to all employees and must be posted at all physical work places prominently in all languages spoken by at least twenty-five percent (25%) of the workforce.

(c)

Responsible Bidder. Covered employers are subject to and will be selected in accordance with the responsible bidder provisions set forth in the county's purchasing policies and procedures. As part of any bid, proposal, or application for a contract or agreement potentially covered by this article, the bidder, proposer, or applicant shall certify to county, in form issued by the purchasing agent, indicating the following:

(1)

Whether it is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from receiving federal or state funds or from participation in any public agency contracting opportunity;

(2)

Whether it has received or been subject to any wage, hour, workplace safety, environmental or consumer protection charges, criminal or civil complaints, citations or findings of violation of law or regulation by any regulatory agency or court, within the last ten (10) years, including but not limited to by California Department of Fair Employment and Housing, Occupational Safety and Health Agency, Department of Industrial Relations (Labor Commissioner), or the federal Environmental Protection Agency; and

(3)

Any other information or qualification required by the purchasing agent.

(d)

Part Time Hours.

(1)

If a covered employer has additional hours of work to provide in job positions for workers covered under this article, then the covered employer shall make best efforts to offer those hours of work first to existing, qualified part-time workers before hiring additional part-time workers or subcontractors. The foregoing shall not be construed to require any employer to offer overtime work paid at a premium rate nor to constrain any employer from offering such work. Covered employers shall seek to maximize the number of full-time job positions relative to part-time or subcontracted positions except as precluded by business necessity. "Full-time" for purposes of this section shall mean at least thirty-two (32) hours per week.

Upon request and to the satisfaction of the county, a covered employer shall demonstrate to the county that it has made good faith efforts to comply with this provision.

Nothing herein shall be construed as encouraging or requiring any employer to discharge part-time workers hired prior to public notice of the pendency of the ordinance to adopt this requirement.

(2)

The county executive and county purchasing agent shall develop and maintain policies and procedures to encourage and incentivize voluntary efforts by covered employers to maximize full-time employment of covered employees. Said policies and procedures shall include bid factor preferences for employers who can demonstrate high levels of full-time employees and full-time employment best practices.

(e)

Paid Time Off.

(1)

Covered employers shall provide at least one (1) hour of compensated time off for every twenty (20) hours worked for said employer or affiliated employer, up to twelve (12) paid days earned per year, for all covered employees who work at least ninety (90) days per year. Part-time employees shall accrue compensated time off at a rate proportional to full-time employees.

(2)

Said compensated time and days shall be exclusive of and in addition to any paid or required holidays, and may be used for any reason allowed under state law for paid sick day leave. Compensated time and days may be labeled and used for other purposes, including vacation, so long as time accrues at the rates and in the manner specified herein and that it may be used entirely for sick leave.

(3)

Accrual shall commence on the first day of employment. Covered employees shall be entitled to use accrued time no later than on the ninetieth (90th) day of employment, after which the employee may use said accrued time, and additional time as it is accrued.

(4)

All other accrual, vesting, and other paid time off requirements shall be as provided by employer policy, consistent with applicable state and federal law.

(Ord. No. 6488, § III(Exh. A), 6-4-2024)

Editor's note— Ord. No. 6488, § III(Exh. A), adopted June 4, 2024, repealed the former § 2-380 and enacted a new section as set out herein. The former § 2-380 pertained to contractor certification and eligibility and derived from Ord. No. 6139, § II, adopted Dec. 15, 2015.