23-Living Wage Ordinance Requirements.docx

LIVING WAGE ORDINANCE WRITTEN DECLARATION

A. This solicitation is subject to the Broward County’s Living Wage Ordinance, Section 26-100, et seq., of the Broward County Code of Ordinances (“Living Wage Ordinance”). By responding to the solicitation, Vendor agrees to comply with the provisions of the Living Wage Ordinance and acknowledges the penalties for noncompliance.

B. All covered employees, including the Vendor's subcontractors, providing services pursuant to the Vendor's contract with the County, must be paid wage rates in accordance with the Living Wage Ordinance, as adjusted annually, no less than either:

1. the living wage rate with health care benefits (in addition to providing health care benefits); or

2. the living wage rate without health care benefits.

C. In addition, all such covered employees must be provided paid time off, by either the accrual method or the lump sum method, as described in the Living Wage Ordinance.

D. The Living Wage Ordinance Written Declaration should be returned with the Vendor's submittal. If not provided with submittal, the Vendor must submit within three business days of County's request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.

E. Living Wage Requirements: All covered employees, including those of the Vendor's subcontractors, providing services pursuant to the Vendor's contract, shall be paid wage rates in accordance with the Living Wage Ordinance, as adjusted. The Vendor and covered subcontractors, hereinafter referred to as "covered employer" may comply with this living wage provision by choosing to pay no less than the lower specified hourly wage rate when said employer also provides health benefits to its covered employees. Proof of the provision of health care benefits must be submitted to the County to qualify for the living wage rate for employees with health care benefits.

1. Covered employees shall be paid not less than bi-weekly and without subsequent deduction or rebate of any amount (except for such payroll deductions as are directed or permitted by law or a collective bargaining agreement). The covered employer shall pay living wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws.

2. The covered employer must post in a prominent place at the site of the work and where paychecks are distributed, a notice (Living Wage rates poster) specifying the wages/benefits to be paid under the Living Wage Ordinance. This poster will be made available by the County. Vendors shall provide a copy of the requirements of the Living Wage Ordinance to any subcontractor submitting a bid/quote/proposal for a subcontract under this contract, prior to their submitting a bid to the Vendor.

3. The covered employer shall provide the statement required by section 26-102(i) of the Living Wage Ordinance, in English, Spanish, and Creole ("three language statement") to each covered employee with the employee's first paycheck and every six (6) months thereafter in the manner set forth by the Living Wage Ordinance.

Living Wage - Indexing: The living wage rate and the health benefits payment shall be annually indexed, consistent with indexing methodology set forth in the Living Wage Ordinance. The County will publish living wage rates on an annual basis. There will be no increase in contract prices paid by the County to the Vendor due to any increase in wages or other benefits, including paid time off, required to be paid or provided to employees covered by the Living Wage Ordinance based on annual indexing.

F. Sanctions for Unpaid Wages: In the event of any underpayment of required wage rates by the covered employer, civil and/or administrative penalties may be assessed to include sanctioning a covered employer by requiring the covered employer to pay wage restitution to the affected employee or subcontractor or by other means of sanctioning in accordance with the Living Wage Ordinance.

G. Payroll; Basic Records; Reporting: Each covered employer shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years beyond the termination or expiration of this contract. The covered employer shall make the covered employees' payroll records required available for inspection, copying or transcription by authorized representatives of the County for a period of three years from the termination date of any County Service Contract. Failure to submit the required reports upon request or to make records available may be grounds for termination of the contract. The service contractor is responsible for the submission of the information required by the Living Wage Ordinance and for the maintenance of records and provision of access to same by all covered subcontractors. The covered employer shall submit the payroll information required every six months, to the applicable using agency's Contract Administrator, including a copy of the complete payroll for one payroll period showing employer's payroll records for each covered employee working on the contract for covered services.

H. Exemption: The covered employer may request approval from the Director of Purchasing for an exemption from the requirement to report and file payroll records every six months. Covered employers may submit an original Application for Exemption from Living Wage Ordinance Reporting Requirements Form to apply for an exemption from these reporting requirements, prior to award. Failure to submit timely may result in rejection of Application for Exemption. Exemptions based on wage history or contractual obligations (ex. Collective Bargaining Agreements) may be granted by the Director of Purchasing prior to contract award; however, an exemption may be canceled at any time by written notice to the covered employer. The reporting exemption does not apply to any new covered employees hired after the date the exemption was granted. For newly hired covered employees, the covered employer may submit an additional exemption application to the Contract Administrator prior to the renewal of contract by the County.

I. Subcontracts: Covered employees of Vendor's subcontractors, providing covered services pursuant to the Vendor's contract shall be paid wage rates, as adjusted, in accordance with the Living Wage Ordinance. The Vendor shall insert in any subcontracts the applicable clauses as required by the Living Wage Ordinance and also a clause requiring the subcontractors to include these clauses in all other subcontracts. The Vendor shall be responsible for compliance by any subcontractor with the Living Wage Ordinance as it applies to their subcontract.

J. Complaints and Hearings; Termination and Debarment: If a covered employee or service subcontractor employee believes that the employee is not being paid in accordance with the Living Wage Ordinance, the employee may file a complaint with the County's Professional Standards Section in accordance with the County's Living Wage Complaint Procedures. Complaints will be investigated, determinations issued, and hearings afforded to the effected parties in accordance with the County's Living Wage Complaint Procedure. Covered employers found to have violated the Living Wage Ordinance may suffer any or all sanctions provided for in the Living Wage Ordinance, including wage restitution, damages, termination or suspension of payment under the contract, termination of the contract, and debarment. The Living Wage Ordinance also provides employees and service subcontractors employees with a private right of action in court.

K. Further information about Vendor's obligations under the Living Wage Ordinance, may be obtained from the Purchasing Division's website, including the Living Wage Ordinance, “three-language” statement, and yearly Living Wage poster at: https://www.broward.org/Purchasing/pages/livingwageordinance.aspx

LIVING WAGE ORDINANCE REQUIREMENTS

This completed and signed declaration should be returned with the Vendor's submittal. If not provided with the submittal, the Vendor must submit within three business days after the County's request. The Vendor may be deemed nonresponsive for failure to fully comply with the stated timeframes.

Covered Employer Information

Vendor Name: Click or tap here to enter text.

Address: Click or tap here to enter text.

Telephone Number: Click or tap here to enter text.

Local contact person: Click or tap here to enter text.

Email address: Click or tap here to enter text.

Solicitation No.: Click or tap here to enter text.

Solicitation Title: Click or tap here to enter text.

Bid/Proposal Amount: Click or tap here to enter text.

County department the contract will service: Click or tap here to enter text.

A brief description of the project or service provided: Click or tap here to enter text.

A statement of the wage level for all Covered Employees: Click or tap here to enter text.

In accordance with the Living Wage Ordinance:

1. Vendor agrees to pay its covered employees no less than: (select one) ☐ $ Click or tap here to enter amount. dollars per hour and are provided health care benefits during Click or tap here to enter text., valued at no less than $ Click or tap here to enter amount. dollars per hour.

☐ $ Click or tap here to enter amount. dollars per hour and are not provided health care benefits.

2. Vendor agrees to provide its covered employees with paid time off in the following manner: (select one)

3. Vendor agrees to provide the applicable living wage statement regarding wage rates and requirements for paid time off with the covered employee's first paycheck or direct deposit receipt, and every six (6) months thereafter.

Provide all covered employees' names for the above referenced solicitation/contract:

OR

☐ Refer to attached covered employee list (upload in the Electronic Bidding System).

OR

☐ Covered employee list will be provided within three business days of Recommendation for Award/ Ranking or as otherwise approved by Contract Administrator (upload in the Electronic Bidding System).

Under penalties of perjury, I declare that I have read the foregoing Living Wage Ordinance Written Declaration and that the facts stated in it are true.

Vendor Name: Click or tap here to enter text.

Authorized Signature: ______________________________ Printed Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Vendor Name: Click or tap here to enter text.

Date: Click or tap to enter a date.

Form Date 2/14/25