This chapter is promulgated for the purpose of ensuring that
employees of the Town of Oyster Bay's contractors and subcontractors
for service contracts and subcontracts earn an hourly wage to meet
their basic needs, based upon the following findings:
A. That the Town of Oyster Bay provides service contracts and subcontracts
to businesses that result in the creation or maintenance of a wide
variety of employment opportunities in the Town of Oyster Bay.
B. That, while the Town of Oyster Bay has limited taxpayer resources
to expend, it has a responsibility to set a standard for wages that
permits employees and their dependents of the above referenced businesses
to meet their basic needs.
C. That the use of taxpayer dollars to promote sustenance and the creation
of living wage jobs will increase consumer income, reinvigorate neighborhood
businesses and reduce the need for taxpayer-funded social programs.
D. That the creation of the living wage standards will relieve the undue
burden placed upon the community and taxpayers who otherwise must
further subsidize employers paying subpoverty wages to the abovementioned
employees and their dependents.
As used in this chapter, the following terms shall have the
meanings indicated:
ASSISTANCE
Any service contract or subcontract let to a contractor with
10 or more employees by the Town of Oyster Bay for the furnishing
of services to or for the Town of Oyster Bay (except contracts where
services are incidental to the delivery of products, equipment or
commodities) which involves an expenditure equal to or greater than
$50,000. A contract for the purchase or lease of goods, products,
equipment, supplies or other property is not an "assistance" for the
purposes of this definition.
COVERED EMPLOYER
An applicant for assistance that has not been granted an
exemption from this chapter.
COVERED EMPLOYEE
A person employed on a full-time basis by a covered employer
to perform work on or for the project or matter for which the covered
employer has received assistance; provided, however, that persons
who are employed in construction work covered pursuant to federal,
state or local prevailing wage laws shall be exempt from this chapter.
TOWN DEPARTMENT
The Department of the Town of Oyster Bay in which any contract
or subcontract is entered into to provide services for the Town of
Oyster Bay.
All RFP's, town contracts and financial assistance agreements
subject to this chapter shall contain the following two paragraphs
or substantially equivalent language:
A. "This contract is subject to the Living Wage Law of the Town of Oyster
Bay. The Law requires that, unless specific exemptions apply, or a
waiver is granted, all employers (as defined) under service contracts
(as defined) shall provide payment of a minimum wage to employees
(as defined) of $9 per hour with health benefits of at least $1.25
per hour or otherwise $10.25 per hour. Such rate shall be adjusted
annually pursuant to the terms of the Town of Oyster Bay Living Wage
Law, of the Town of Oyster Bay."
B. "Under the provisions of the Living Wage Law, the Town shall have
the authority, under appropriate circumstances, to terminate this
contract and to seek other remedies as set forth therein, for violations
of this Law."
The provisions of this chapter shall augment the town's
normal and customary procedure for administering its contracts. The
town shall administer the requirements of this chapter as follows:
A. The Town Department shall develop rules and regulations necessary
and appropriate to review contract documents to ensure that relevant
language and information are included in town RFP's, agreements
and other pertinent documents.
B. The Town Department shall develop rules and regulations necessary
and appropriate for the monitoring of the operations of the contractors
and subcontractors, to ensure compliance, including the review, investigation
and resolution of specific concerns or complaints about the employment
practices of a Covered Employer relative to this chapter. In such
cases, the town shall attempt to resolve the problem within 30 days.
C. Where a violation of any provision of this chapter has been determined,
the contractor or subcontractor shall be given a written notice by
the town per the rules and regulations promulgated by the respective
town department. If the violation continues and/or no resolution is
imminent, the town shall pursue all available legal remedies, including,
but not limited to, any or all of the following penalties and relief:
(1) Suspension and/or termination of the contract, subcontract or financial
assistance agreement, for cause.
(2) Payback of any or all of the contract or financial assistance awarded
by the Town of Oyster Bay.
(3) Wage restitution for each affected employee.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter and shall apply to:
A. A contract or subcontract entered into or renewed and after the effective
date of this chapter; and
B. A contract amendment consummated after the effective date of this
chapter which itself meets the financial threshold requirement of
this chapter.