§ 2.88.030. Covered contract requirements and certification.

Every covered contract or covered contract amendment shall provide as follows:

(a)

Contractors and subcontractors providing services to the County shall pay covered employees no less than the living wage.

(b)

Failure of a contractor or subcontractor to comply with the foregoing requirement shall constitute a material breach of the terms of the covered contract.

(c)

If the contractor or subcontractor fails to cure such breach within thirty (30) days after receiving written notice from the County, the County shall have the right to pursue any rights or remedies available under the terms of the covered contract or under applicable law.

(d)

Contractor shall include a certification in the covered contract or covered contract amendment stating contractor and all of its subcontractors are and will remain in full compliance with the requirements of the living wage ordinance. The certification shall be in substantially the following language:

As required by chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance ("LWO"), including, but not limited to, paying all Covered Employees the current living wage and providing notice to all covered employees and subcontractors as required under the program.

(e)

During the term of a covered contract, the contractor or subcontractor shall maintain documentation demonstrating every covered employee is being paid the living wage while providing services pursuant to the covered contract. Such documentation must be retained for at least two (2) years following completion or termination of the covered contract. County representatives shall be permitted to review and make copies of such documentation at all reasonable times during performance or following completion or termination of the covered contract.

(f)

The County may conduct audits of contractors and subcontractors to ensure compliance with this ordinance. For purposes of this ordinance, audits shall be:

1.

Noticed in advance in writing and limited in scope to ascertain whether covered employees are paid the required living wage;

2.

Accomplished by examination of pertinent records within a reasonable period of time after such written notice; and

3.

Limited to one audit per contractor or subcontractor every year for the duration of a covered contract.

(g)

Contractor shall provide the County access to pertinent records after receiving a written request to do so and being provided at least five (5) business days to respond.

(h)

Contractor shall promptly notify the contract awarding authority of any subcontractors performing services and shall certify to the contract awarding authority that subcontractors have been notified of obligations under this chapter.

(i)

Contractor shall keep itself informed of the current living wage and must provide written notice to covered employees of the current living wage rate. The notice shall specify the living wage and state that covered employees have grievance rights if they believe a contractor or subcontractor is failing to comply with the living wage ordinance. Contractors and subcontractors must provide such notice in writing to all covered employees, in all languages necessary to reasonably ensure all covered employees receive effective written notice pursuant to section 2.88.030. A copy of such notice must be submitted to the contract awarding authority in the manner directed by the contract awarding authority.

(j)

Nothing in this section shall be construed to interfere with the authority of the County to investigate any report of an alleged breach of contract.

(k)

Nothing in this ordinance shall be construed to limit the California Equal Pay Act, which requires equal pay for employees who perform substantially similar work, when viewed as a composite of skill, effort and responsibility.

(Ord. No. 04764, § 1, 11-1-2016; Ord. No. 04774, § 1, 2-28-2017)