This chapter shall be known and may be cited as the "Ulster
County Living Wage Act."
The Ulster County Legislature hereby finds and declares that
to promote the health and welfare of all employees that perform work
for Ulster County, service contractors and subcontractors should provide
a livable wage to employees who perform work in accordance with such
service contracts with the County of Ulster. The use of taxpayer dollars
to promote sustenance and the creation of living wage jobs will increase
consumer income, decrease levels of poverty, reinvigorate neighborhood
businesses and reduce the need for taxpayer-funded social programs.
Therefore, the purpose of this chapter is to ensure that employees
of County contractors and subcontractors earn an hourly wage that
is sufficient for a family of four to live at or above the federal
poverty level.
For the purposes of this chapter, the following terms shall
have the following meanings:
CONTRACTOR
Any person that enters into a service contract with the County.
COUNTY
The County of Ulster and any division, subdivision, office,
department, board, commission, or bureau thereof.
COVERED EMPLOYEE and/or EMPLOYEE
An employee, either full-time or part-time, employed by a
covered employer in, on or for the project or matter subject to a
service contract. This definition shall include any employee who is
employed as an employee of a contractor or subcontractor on or under
the authority of one or more service contracts and who expends any
of his or her time thereon. This definition shall not include volunteers.
COVERED EMPLOYER
Any contractor or subcontractor directly involved in providing
a covered service to the County.
COVERED SERVICE
Any service provided to the County of Ulster, including but
not limited to food service, janitorial, security, parking attendants,
landscaping, clerical and waste management.
LIVING WAGE
A wage equal to the rates established under Subsection
B of §
232-4 herein.
PERSON
One or more of the following or their agents, employees,
representatives and legal representatives: individuals, corporations,
partnerships, joint ventures, associations, labor organizations, educational
institutions, mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees in bankruptcy, receivers, fiduciaries and
all other entities recognized by the County of Ulster.
SERVICE CONTRACT
A contract that involves an expenditure by or through the
County of at least $50,000 in a fiscal year awarded by the County
to a contractor for the furnishing of services to or for the County,
excluding the purchase or leasing of goods or other property.
SUBCONTRACTOR
Any person, other than an employee, that enters into a contract
with a contractor to assist the primary contractor in performing a
service contract.
All requests for proposals and service contracts subject to
this chapter shall include the following language:
A. This contract is subject to the Ulster County Living Wage Act. It
requires that, absent an exemption, all contractors having a service
contract with the County shall pay their employees the living wage
then in effect for the period during which services are being covered
by this contract. The current living wage may be found on the website
for the Ulster County Purchasing Department.
B. All bids or proposals shall include certification that the contractor
will comply with the Ulster County Living Wage Act.
C. The County shall have the authority to suspend or terminate a service
contract and consider other penalties for violations of the Ulster
County Living Wage Act.
This article shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
chapter or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Ulster. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations, have been enacted for the purposes of triggering the
provisions of this section.
If any word, phrase, clause, sentence, paragraph, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
word, phrase, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This chapter shall be effective upon filing in the Office of
the Secretary of State.