§ 2-376.5. Application of this article to nonprofits.  


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  • (a)

    Phased Application. The requirements set forth in this article shall apply to nonprofit entities that employ twenty-five (25) or more employees and shall be phased in over a period of time in accordance with the provisions set forth in this section.

    (b)

    Exemptions—Employees. In addition to or in lieu of the exemptions set forth in Section 2-376(c), the requirements of this article shall not apply to the following employees of a nonprofit service contractor:

    (1)

    An employee employed on a temporary or seasonal project which does not exceed twelve (12) months in duration, including, without limitation, internships where the intern is receiving academic credit or other non-monetary job training benefits.

    (2)

    An employee employed by the California Conservation Corps or by community conservation corps certified by the California Conservation Corps pursuant to Section 14507.5 of the California Public Resources Code or any successor statute.

    (3)

    A part-time employee who voluntarily declines full time work for personal reasons (e.g. retired seniors who only want to work a few hours, full-time students, or similar).

    (4)

    An employee employed in an overnight position where the employee is compensated to engage in employer-authorized sleep-time at the worksite.

    (5)

    An employee whose compensation is funded by a federal program that dictates the wages to be paid the employee.

    (c)

    Nonprofit Living Wage Rate Schedule. Nonprofit entities shall pay employees providing services pursuant to a service contract or in connection with a county economic development assistance agreement a living wage as established by Section 2-377 in accordance with the following table:

    Date Living Wage Without Benefits Living Wage with Employer Contribution Toward Either Health Benefits or Retirement Benefits Living Wage with Employer Contribution Toward Both Health Benefits and Retirement Benefits
    Effective July 1, 2017 $13.00 $11.50 $10.00
    Effective July 1, 2018 $14.00 $12.50 $11.00
    Effective July 1, 2019 $15.00 $13.50 $12.00

     

    (d)

    Bidding Preference for Voluntary Compliance. A five-percent bidding preference shall be provided to any nonprofit service contractor who voluntarily complies with the living wage requirements of this article on the same schedule applicable to for-profit service contractors. To receive said bidding preference, the nonprofit service contractor shall submit documentation satisfactory to the purchasing officer certifying that the wages paid by the nonprofit service contractor comply with the requirements of this article. A bidding preference granted pursuant to this subsection (d) shall be applied in accordance with the procedures set forth in the county's local preference policy for services. The bidding preference provided for by this subsection (d) shall automatically expire at 11:59 p.m. on June 30, 2019.

    (e)

    Adjustments. Effective July 1, 2019, the living wage rate paid by nonprofits shall be reviewed by the county administrator and adjusted, as necessary, in accordance with the procedure set forth in Section 2-377, subsection (d).

( Ord. No. 6139, § II , 12-15-2015)