[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 1-18-2005 by Ord. No. 04-016. Amendments noted where applicable.]
Purchasing and contracts — See Ch. 114.
The purpose of this chapter is to improve the lives of working people and their families by requiring employers that contract with the City of Monroe and grantees which receive financial assistance or tax abatements from the City of Monroe to pay their employees a wage sufficient to meet their basic subsistence needs, defined herein as a "living wage."
For the purposes of this chapter, the following definitions shall apply:
- A person or entity who enters into a professional service contract with the City where the total amount of the contract or contracts with the City exceeds $15,000 during any twelve-month period.
- COVERED EMPLOYEE
- A person who provides no less than 30 hours of personal services per average workweek to a contractor or grantee while in the employment of said contractor or grantee.
- An individual who provides personal services preformed for wages under any contract calling for the performance of personal services, whether written or oral, express or implied.
- EMPLOYEE HEALTH BENEFITS or HEALTH BENEFITS
- Providing health care benefits for employees (or employees and their dependents) at employer cost or making an employer contribution for the purchase of such health care benefits for employees (or employees and their dependants), provided that the employer cost or contribution equals no less than $1 an hour for the average workweek of such employee, and provided further that the employee payment or contribution toward health care shall not exceed $0.50 an hour for the average workweek for each such employee.
- Any form of financial assistance given to a "grantee" as set forth and defined in the definition of that term in this section.
- A person who is the recipient of any financial assistance from the City in the form of any federal, state or local grant program administered by the City, including but not limited to tax increment financing, tax abatement, tax credit, direct grant or any other form of financial assistance. Grantees shall be further divided into the following two categories:
- Any individual, partnership, corporation, association, club, joint venture, organization, estate, trust, entity and any other group or combination acting as a unit, and the individuals constituting such group or unit.
- PROFESSIONAL SERVICE
- A type of personal service that requires as a condition precedent to the rendering of the service the obtaining of a license or other legal authorization. Professional service includes, but is not limited to, services rendered by a certified or other public accountant, professional engineer, land surveyor, architect and attorney-at-law.
This chapter shall not be retroactively applied to any contract, subcontract or grant awarded or entered into prior to the effective date of this chapter. This chapter shall only apply to any contract, subcontract or grant awarded to or entered into with a contractor or grantee after the effective date of this chapter and to the extension or renewal after the effective date of this chapter of any contract, subcontract or grant with a contractor or grantee.
Every contractor or grantee shall pay its covered employees no less than a living wage as established in this subsection.
For a contractor or grantee that provides employee health benefits to its employees, the living wage shall be $9.06 an hour or the adjusted amount established in § 427-4C.
In order to qualify to pay the living wage rate for contractors or grantees providing employee health benefits, a contractor or grantee shall furnish proof of said employee health care benefits and the payment therefor to the City Manager or his/her designee.
The amount of the living wage established in this section shall be adjusted on January 1 annually to coincide with the federal poverty guidelines for a family of four as published by the United States Department of Health and Human Services. Notice of adjustments shall be posted conspicuously by the City, contractors and grantees.
A contractor or grantee shall pay each of its employees no less than a living wage as defined in § 427-4.
Every contractor or grantee shall agree to the payment of a living wage as a condition of accepting, entering into or renewing a covered contract or grant with the City, and shall agree to provide payroll records or other documentation as deemed necessary within 10 business days from the receipt of the City's request. All City contracts and grants covered by this chapter shall provide that a violation of the living wage requirements of this chapter shall be a material breach of the contract. The City Manager shall monitor the compliance of each contractor or grantee. Every contractor or grantee shall post a copy of this chapter in a conspicuous place.
Each contractor or grantee shall submit to the City Manager information regarding number of employees and applicable wage rates of its employees covered by this chapter in such manner as requested by the City Manager. At the request of the City Manager, any contractor or grantee shall provide satisfactory proof of compliance with the living wage provision of this chapter.
Only an employee aggrieved by a violation of the requirements of this chapter, or the employee's agent or representative, may submit a complaint or report of a violation of this chapter to the City Manager. Upon receipt of such a complaint or report, the City Manager shall investigate to determine if there has been a violation. The investigation shall be completed within 45 days of receipt of the complaint.
No contractor or grantee shall reduce the compensation, wages, hours of work, fringe benefits or leave available to any covered employee or personnel contracted for employment in order to pay the living wage required by this chapter.
A contractor or grantee who violates the living wage requirement shall pay to each covered employee affected the amount of the deficiency for each day the violation continues. A violation of the terms and provisions of this chapter may be grounds for the City to void and terminate the contractual relationship or grant with the violating contractor or grantee.