As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING SERVICE EMPLOYEE
A person performing work in connection with the care and
maintenance of property, including but not limited to a watchman,
security officer, concierge, doorperson, cleaner, janitor, custodian,
superintendent, porter, engineer, maintenance person, handyperson,
elevator operator, elevator starter, window cleaner, and groundskeeper.
BUILDING SERVICE WORK
For purposes of the definition of "County service project"
shall mean work in connection with the care and maintenance of (1)
commercial office and institutional buildings of at least 100,000
square feet; (2) commercial office and institutional complexes totaling
at least 100,000 square feet; and (3) residential buildings of at
least 50 units or more. The determination of the minimum square footage
and minimum number of units shall be made at the time the contract
is put out for bid.
COMPLEX
Two or more buildings that are commonly owned managed or
operated and either (a) in close physical proximity; or (b) developed
pursuant to a common development plan or financed pursuant to a common
plan of financing. All affiliates, controlled entities, controlling
entities, agents, successors, and assigns shall be considered to be
a single entity for the purposes of determining common ownership,
management, or operation.
COUNTY
Allegheny County and any related County agency, department,
or authority.
COUNTY SERVICE CONTRACT
Any contract for the performance of building service or food
service work entered into by the County with any contractor, and any
contract to perform building service or food service work for the
County. "County service contract" shall also mean any subcontract
for building service or food service work, regardless of whether the
primary contract is for such work.
COUNTY SUBSIDY
Any grant, loan that is forgiven or discounted below the
market rate over the life of the loan, bond financing, infrastructure
improvements related to a project, below-market sale or lease of property,
or other form of financial assistance related to a project with an
aggregate value of at least $100,000, but shall not include an educational
or training grant. For purposes of determining whether the assistance
threshold is met, all affiliates, controlled organizations, controlling
organizations, and/or organizations having an identity of interest
with the assistance recipient shall be treated as a single entity.
Market value shall be determined by a third party that shall not include
the County or the County subsidy recipient.
COVERED EMPLOYER
Any employer obligated to pay employees a prevailing wage
pursuant to the Allegheny County Code of Ordinances.
FOOD SERVICE EMPLOYEE
A person performing work in connection with the preparation
and service of food and beverages, including but not limited to a
cafeteria attendant, line attendant, cook, preparatory cook, butcher,
baker, server, cashier, catering worker, dining attendant, dishwasher,
food or merchandise vendor, pantry worker, waiter, and waitress, but
shall exclude employees directly employed by independently owned restaurants
other than cafeterias.
FOOD SERVICE WORK
For purposes of the definition of "County service project"
shall mean work in connection with the preparation and service of
food and beverages in cafeterias in (1) commercial office and institutional
buildings of at least 100,000 square feet; and (2) commercial office
and institutional complexes totaling at least 100,000 square feet.
Food service work shall not include direct employment in independently
owned restaurants other than cafeterias. The determination of the
minimum square footage shall be made at the time the contract is put
out for bid.
GROCERY EMPLOYEE
A person performing work in connection with the preparation
and selling of merchandise in grocery stores, including but not limited
to a chief meat cutter, assistant chief meat cutter, meat cutter,
apprentice meat cutter, wrapper, manager, assistant manager, lead,
front-end coordinator, clerk, chef, cook, baker, cake decorator, and
receiver.
HOTEL EMPLOYEE
A person performing work in connection with the care and
maintenance of hotels and servicing of hotel guests, including but
not limited to a housekeeper, kitchen employee, laundry employee,
room attendant, house attendant, public area attendant, turndown attendant,
bell attendant, door attendant, driver, telephone operator, server,
bus attendant, bartender, cashier, host, concierge, reservation attendant,
and front desk attendant.
INSTITUTION
A group of buildings or structures that are under common
or related ownership; that are located in a contiguous area, notwithstanding
rights-of-way; that contain two or more different uses as integral
parts of the functions of the organization, such that different structures
contain different primary uses; and that contain a combined minimum
of 100,000 total square feet of gross floor area.
PREVAILING WAGE
Shall mean:
A.
For building service and food service employees, (a) the aggregate
of (i) the higher of either the wage paid to the median number of
employees in the job classification at similar locations in the County,
or the wages determined by the Secretary of Labor for the job classification
under the service contract Act, 41 U.S.C. § 351 et seq.;
and (ii) the higher of either the additional benefits given to the
median number of employees in the job classification at similar locations
in the County, which shall be converted to an hourly wage supplement,
or the additional benefits determined by the Secretary of Labor for
the job classification under the service contract Act, 41 U.S.C. § 351
et seq.; and (b) the greater amount of either (i) the paid leave provided
to the median number of employees in the job classification at similar
locations in the County, which shall not be converted to an hourly
wage supplement, or (ii) the paid leave determined by the Secretary
of Labor for the job classification under the service contractor Act,
41 U.S.C. § 351 et seq. "Similar locations" for (a) building
service workers in commercial or institutional buildings, shopping
malls, and sports stadiums shall mean commercial office buildings
of at least 100,000 square feet; (b) building service workers in residential
buildings shall mean residential buildings of at least 50 units; and
(c) for food service workers shall mean cafeterias in commercial office
or institutional buildings of at least 100,000 square feet.
B.
For hotel employees, (a) the aggregate of (i) the wage paid
to the median number of employees in the job classification in hotels
of at least 100,000 square feet in the County; and (ii) the additional
benefits given to the median number of employees in the job classification
in hotels of at least 100,000 square feet in the County, which shall
be converted to an hourly wage supplement; and (b) the paid leave
provided to the median number of employees in the job classification
in hotels of at least 100,000 square feet in the County, which shall
not be converted to an hourly wage supplement.
C.
For grocery employees, the (a) aggregate of (i) the wage paid
to the median number of employees in the job classification in grocery
stores in the County having grocery space of at least 30,000 square
feet; and (ii) the additional benefits given to the median number
of workers in the job classification at grocery stores in the County
having grocery space of at least 30,000 square feet, which shall be
converted to an hourly wage supplement; and (b) the paid leave provided
to the median number of employees in the job classification in grocery
stores in the County having retail space of at least 30,000 square
feet, which shall not be converted to an hourly wage supplement.
D.
For all classifications of employees described above in Subsections
A through
C, the prevailing wage shall mean the higher of either the prevailing wage determined pursuant to Subsections
A through
C, or the wage required by any other provision in the Allegheny County Code of Ordinances for such classification.
PROJECT
For purposes of §
280-2B shall mean any of the following: (1) a commercial office building of at least 100,000 square feet, or a commercial office complex totaling at least 100,000 square feet; (2) a residential building of at least 50 units; (3) a building of at least 100,000 square feet containing commercial office space and residential units; (4) a hotel or motel of at least 100,000 square feet; (5) a building of at least 100,000 square feet containing hotel or motel units and residential units; (6) a building of at least 100,000 square feet containing hotel or motel units and commercial office space; (7) a store having grocery sales floor area (selling items which are commonly found in a grocery store) space of at least 25,000 square feet; (8) a shopping mall of at least 100,000 square feet; and (9) a sports stadium, performance hall or amphitheater larger than 100,000 square feet. The determination of the minimum square footage and minimum units shall be updated to reflect any expansion of the project, including any additional phase in a multi-phase project. "Complex" shall mean two or more buildings that are commonly owned managed or operated and either (a) in close physical proximity; or (b) developed pursuant to a common development plan or financed pursuant to a common plan of financing. All affiliates, controlled entities, controlling entities, agents, successors, and assigns shall be considered to be a single entity for the purposes of determining common ownership, management, or operation.
The Allegheny County Controller shall issue prevailing wage
determinations at least once every 12 months, and as frequently as
necessary to reflect any increases in the prevailing wage, and shall
post such determinations on the official County website. Wage rates
of employees shall be increased accordingly, and in the case of County
service contracts, the contractor's billable rate under the County
service contract shall be increased accordingly.
The Controller may issue regulations to implement the provisions
of this chapter.