[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.]
GENERAL REFERENCES
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.
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.
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:
INDUSTRIAL GRANTEEA person who is the recipient of an industrial facilities tax certificate, obsolete property tax certificate or tax abatement regardless of the dollar amount of such industrial facilities tax certificate, obsolete property tax certificate or tax abatement.
NONINDUSTRIAL GRANTEEA person who is the recipient of a tax credit or direct grant where such grant funds are used for the purchase of equipment, working capital or the construction of or improvements to a building in an amount that exceeds $10,000 in any twelve-month period.
A wage equal to no less than the levels established in § 427-4.
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.
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.
B.
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.
A.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
